Westminster, CA Accessory Structures: ADU Rules (2026)
ADU rules in Westminster, CA, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Governing section
- Westminster Municipal Code § 17.400.135
- Detached ADU height
- 16 ft, or 18 ft near transit stop
- Attached ADU height
- 25 ft or zone limit, max 2 stories
- Max ADU size
- 1,200 sq ft detached; 850-1,200 sq ft attached
- Setback, new detached ADU
- 4 ft side/rear, 6 ft from main house
- Approval timeline
- Ministerial approval or denial within 60 days
- Rental restriction
- No rentals under 30 days allowed
Summary
Westminster approves accessory dwelling units and junior ADUs ministerially under Municipal Code Section 17.400.135 once they meet the city's numeric standards. A detached ADU tops out at 16 feet, or 18 feet near a major transit stop; an attached ADU can rise to 25 feet or the zone height limit, whichever is lower, but never more than two stories. Floor area runs 850 to 1,200 square feet depending on bedroom count and whether the unit is attached or detached.
ADUs shall be subject to the following height limitations: i. A height of 16 feet for a detached ADU on a lot with an existing or proposed single unit or multi-unit dwelling unit. ... iv. A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories. ... 4. Maximum unit size. a. Attached ADUs. The maximum floor area of an attached ADU shall be 1,200 square feet or 50% of the living area of the primary dwelling, whichever is less, provided that an ADU of at least 850 square feet shall be allowed for an ADU up to one bedroom in size and 1,000 square feet shall be allowed for an ADU of more than one bedroom in size. b. Detached ADUs. 1,200 square feet of floor area. ... 5. Setbacks. ... b. Setbacks for non-converted ADUs. For all other ADUs, there must be a minimum of four feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4982734; v10 updated 2026-06-10).
Full Breakdown
Setback rules split converted units from new construction. Converting existing living space or an existing accessory structure into an ADU requires no new setback at all, and a rebuilt unit in the same footprint as the structure it replaces is likewise exempt. Every other new ADU must keep a minimum four-foot setback from side and rear lot lines and still meet the applicable front-yard setback for the zone. On a single-family lot, a newly built detached ADU must sit at least six feet from the primary dwelling and from any other detached accessory structure; on multifamily-zoned land it must be at least ten feet from other dwelling units and six feet from accessory structures.
Underlying zone standards such as lot coverage still apply, but the city cannot use them to block an ADU of at least 800 square feet. An ADU built above an existing structure, or containing a second floor, must also meet the primary dwelling's setback and lot-coverage rules. Applications are ministerial: the Division must approve or deny a complete application within 60 days, and a denial must come with a written list of defects and how to fix them; missing that deadline means automatic approval. No impact fee applies to any ADU under 750 square feet, and fees for larger units scale with the primary dwelling's square footage.
An ADU cannot be sold separately from the primary home, and neither an ADU nor a JADU may be rented for stays under 30 days.
Violations & Fines
Renting an ADU or JADU for under 30 days violates Section 17.400.135.I and exposes the owner to code enforcement as an illegal short-term rental. Selling an ADU apart from the primary dwelling violates Subsection H. For units built without permits before January 1, 2020, the City must issue a corrective notice rather than deny occupancy, and enforcement of a health-and-safety defect is delayed five years unless the Building Official finds an immediate danger. New construction that skips required setbacks, height limits, or utility connections can be red-tagged until corrected.
Frequently Asked Questions
How tall can a detached ADU be in Westminster?
How big can I build my ADU?
Do I need a setback for a new detached ADU?
Can I rent my Westminster ADU on Airbnb?
Sources & Official References
Other rules in Westminster
How Westminster compares: Easiest Cities to Build an ADU·California rules heatmap·Compare Westminster to another location·View the California accessory structures overview
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ADU Rules in Nearby Cities
How other cities in Orange County handle adu rules.