How Salinas Handles Accessory Structures: A Practical Guide

Salinas maintains 112 local ordinances across all categories, and 9 of those deal specifically with accessory structures. Here is a breakdown of what the city actually requires, what is prohibited, and where Salinas falls on the strict-to-permissive spectrum compared to other cities.

Garage Conversions

California law facilitates garage conversions to ADUs/JADUs. Salinas cannot require replacement parking for converted garages in many cases.

Key details: Parking: No replacement required (near transit). JADU: Up to 500 sq ft. State Law: Gov. Code §65852.2. Fire Sep.: May need upgrades.

Unpermitted conversion: standard building code enforcement. Must bring to code or restore to garage. Safety violations: immediate correction.

ADU Rules

California law (Gov. Code §65852.2) requires cities to allow ADUs on residential lots. Salinas must comply with state standards for size, setbacks, and parking.

Key details: Max Size: 800 sq ft detached. Setbacks: 4 ft rear/side. Parking: None near transit. State Law: Gov. Code §65852.2.

Cities cannot deny conforming ADU applications. Unpermitted ADU construction: standard building code enforcement.

Shed Rules

Salinas allows small sheds without permits (typically under 120 sq ft). Larger structures require building permits and must meet setback requirements.

Key details: No Permit: Under 120 sq ft. Permit: Over 120 sq ft. Setbacks: 3 to 5 ft from property line. Habitation: Prohibited.

Unpermitted structure: retroactive permit with penalty. Non-compliant setback: modification or removal. Habitation violation: immediate correction.

The rules around shed rules in Salinas lean permissive, but that does not mean anything goes.

Carport Rules

Salinas requires permits for carport construction. Setback requirements, height limits, and lot coverage maximums apply.

Key details: Permit: Required. Side Setback: 3 to 5 feet typical. Lot Coverage: Counts toward maximum. HOA: May restrict or prohibit.

Unpermitted carports: stop-work orders, required removal or retroactive permitting with penalty fees. Fines $200 to $1,000.

Tiny Homes

Salinas regulates tiny homes differently based on whether they are on a permanent foundation or on wheels. Zoning and minimum square footage requirements apply.

Key details: Foundation: Treated as dwelling. On Wheels: RV classification typically. Min Size: 400 to 800 sq ft varies. ADU Path: May allow as secondary.

Unpermitted dwellings: removal or retroactive permitting. Zoning violations: fines and required relocation. Occupancy without certificate: prohibited.

ADU Rental Restrictions

Salinas ADUs and JADUs may only be rented for terms of 30 days or more, per California Government Code §65852.2(a)(7). Short-term rental (under 30 days) of any ADU is prohibited under state law. Salinas does not currently operate a permissive citywide short-term rental licensing program for ADUs, and listings on Airbnb, VRBO, or Booking.com under 30 days are enforceable as code violations.

Key details: Long-Term (30+ days): Permitted. Short-Term (<30 days): Prohibited (state preemption). State Law: Gov. Code §65852.2(a)(7). AB 1482 Tenant Protections: May apply. TOT: 10% under SMC Chapter 5.

Operating an ADU as a short-term rental violates California Gov. Code §65852.2(a)(7). Salinas Code Enforcement issues citations under SMC Chapter 1 with administrative fines escalating for repeat violations, and can refer matters for civil abatement. California SB 60 authorizes daily fines up to $1,500 for residential short-term-rental health-and-safety violations. Failure to remit Transient Occupancy Tax under SMC Chapter 5 triggers Finance Department audit, interest, and penalties.

This is not one of those rules that cities tend to ignore. Salinas actively enforces its adu rental restrictions requirements.

ADU Permits

Salinas processes Accessory Dwelling Unit (ADU) and Junior ADU (JADU) applications ministerially under Salinas Municipal Code Chapter 37 (Zoning), specifically §37-50.250, and California Government Code §65852.2 / §65852.22. The Community Development Department - Current Planning Division reviews permits with the state-mandated 60-day decision deadline. State law guarantees a by-right detached ADU of at least 800 sq ft and 16 feet in height regardless of underlying zoning.

Key details: Code Section: SMC §37-50.250. Review Type: Ministerial (no hearing). Decision Window: 60 days from complete app. Allowed Units: 1 ADU + 1 JADU per SFR lot. Detached Max Size: 1,200 sq ft.

Building an ADU without permits violates SMC Chapter 37 (Zoning) and the California Building Standards Code adopted under SMC Chapter 9. Salinas Code Enforcement can issue stop-work orders, administrative citations starting at $100 and escalating, and require double permit fees on legalization applications. Unpermitted ADUs block lawful occupancy, can prevent sale or refinancing, and may trigger orders to remove the structure under California Health & Safety Code §17920.3 substandard-housing provisions.

The rules around adu permits in Salinas lean permissive, but that does not mean anything goes.

ADU Impact Fees

Under California Government Code §65852.2(f)(3) and SMC §37-50.250, Salinas ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 sq ft or larger pay impact fees proportional in size to fees charged for the primary dwelling. Standard building permit and plan-check fees still apply through the Community Development Department.

Key details: Authority: Gov. Code §65852.2(f)(3). Under 750 sq ft: All city impact fees waived. 750+ sq ft: Proportional to primary dwelling. School Fees (SB 13): Proportional (under 750: waived). Permit/Plan Check: Still required (valuation-based).

Salinas cannot legally charge city impact fees on a sub-750 sq ft ADU. If charged in error, the homeowner may demand a refund through the City Finance Department or seek a writ of mandate under California Code of Civil Procedure §1085. School facility fees collected by a school district on a sub-750 sq ft unit are similarly subject to refund. Misrepresenting ADU square footage to claim the exemption constitutes permit fraud and voids the Certificate of Occupancy.

Salinas is more permissive than most cities when it comes to adu impact fees. That said, there are still limits.

ADU Owner Occupancy

Salinas cannot impose owner-occupancy requirements on standard ADUs because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), preempts local owner-occupancy mandates. Junior ADUs (JADUs) created under Gov. Code §65852.22 still require owner occupancy of either the primary dwelling or the JADU, with a deed restriction recorded against title at permit issuance.

Key details: Standard ADU: No owner occupancy (state-preempted). JADU: Owner occupancy required. Authority: Gov. Code §65852.2(a)(6); AB 976. JADU Deed Restriction: Recorded at permit issuance. AB 1033 Condo Sale: Not adopted in Salinas.

Standard ADU owner-occupancy is preempted by state law - no city enforcement. JADU owner-occupancy violations can result in Certificate of Occupancy revocation, code enforcement citations under SMC Chapter 1, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit forms is permit fraud and can trigger civil and criminal penalties under California law.

If you are coming from a city with tighter rules, you will find Salinas gives residents more flexibility on adu owner occupancy.

The Bottom Line

Compared to many U.S. cities, Salinas gives residents more room on accessory structures. 4 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Salinas's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.