California Statewide Rule
California ADU Law Strongly Preempts Local Restrictions
Key Facts
- Statute
- Gov Code 66310-66342
- Approval timeline
- 60 days ministerial
- Max size
- 1,200 sq ft
- Parking near transit
- None required
Summary
Government Code sections 66310 through 66342, the recodified ADU law formerly at 65852.2, establish statewide ministerial approval, size minimums, and parking caps for accessory dwelling units, overriding most local rules.
An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.
Full Breakdown
California ADU law, recodified in 2024 from Government Code 65852.2 into sections 66310 through 66342, requires ministerial (no discretionary review) permits within 60 days, allows detached ADUs up to 1,200 square feet, permanently prohibits owner-occupancy requirements for ADUs under AB 976, eliminates parking requirements within a half mile of transit, and forbids minimum lot sizes for ADUs. Junior ADUs up to 500 square feet are permitted in single-family zones, and JADUs may still require owner-occupancy on the lot. Local agencies must allow at least one ADU and one JADU per single-family lot. The Department of Housing and Community Development reviews local ordinances and can refer violations to the Attorney General.
Violations & Penalties
Non-compliant local ordinances can be found void after HCD review; HCD may refer cities to the Attorney General for enforcement under Government Code 65585.
Frequently Asked Questions
Can my city require owner occupancy for an ADU?
What happens if my city denies a compliant ADU?
Sources
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