ADU Rules: Fullerton vs Midway City
How do adu rules rules compare between Fullerton, CA and Midway City, CA?
Fullerton and Midway City have similar restriction levels.
Fullerton, CA
Orange County
Fullerton permits ADUs and Junior ADUs (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. One ADU and one JADU are allowed on any single-family lot. ADUs up to 800 square feet with a 4-foot rear and side setback are approved ministerially without discretionary review. No owner-occupancy requirement applies to ADUs (JADUs require owner occupancy). No parking is required if within half a mile of transit.
View full Fullerton rules →Midway City, CA
Orange County
Unincorporated Orange County allows ADUs on any residentially zoned lot under OC Zoning Code (Title 7, Division 9) and California Government Code §65852.2 (ADUs) and §65852.22 (JADUs). State law preempts most local restrictions: minimum 800 sqft, 16 ft height, and 4 ft side/rear setbacks must be allowed by right.
View full Midway City rules →Key Facts Comparison
| Fact | Fullerton | Midway City |
|---|---|---|
| Permitted | 1 ADU + 1 JADU per single-family lot | - |
| Max Size | Up to 1,200 sq ft (2-bedroom detached) | - |
| Setbacks | 4 feet rear and side for ADUs up to 800 sq ft | 4 ft side/rear (state minimum) |
| Parking | None required within 1/2 mile of transit | None required if within 1/2 mi of transit or garage conversion |
| Approval Timeline | 60 days maximum by state law | - |
| State Law | - | Cal. Gov. Code §65852.2 (ADU) & §65852.22 (JADU) |
| Local Code | - | OC Zoning Code Title 7, Division 9 |
| Max Detached ADU | - | 1,200 sqft |
| Max JADU | - | 500 sqft (within existing dwelling) |
| Height | - | 16 ft minimum allowed; up to 18-25 ft per state law |
| Owner-Occupancy | - | Required when JADU is present (§65852.22) |
Highlighted rows indicate differences between cities.
Fullerton FAQ
Can I build an ADU in my backyard in Fullerton?
Yes. California law requires Fullerton to ministerially approve ADUs that meet objective standards. A detached ADU up to 800 square feet with 4-foot side and rear setbacks is automatically eligible. Contact the Building Division at (714) 738-6856 to begin the permit process.
Do I need to provide parking for an ADU in Fullerton?
No parking is required if your property is within one-half mile of a public transit stop. Given Fullerton's extensive OCTA bus network and the Fullerton Transportation Center, many properties qualify for the parking exemption.
Do I have to live on the property if I build an ADU?
No owner-occupancy requirement applies to ADUs. However, if you build a JADU (Junior ADU of 500 square feet or less within the existing home), the property owner must occupy either the primary dwelling or the JADU.
Midway City FAQ
Can I build an ADU on my unincorporated Orange County lot?
Yes — state law (Cal. Gov. Code §65852.2) requires the County to allow at least one ADU on any lot zoned for residential use, including single-family and multifamily zones. Minimum lot size requirements are preempted.
Do I need to live on the property to rent out an ADU?
No owner-occupancy is required for a standalone ADU under §65852.2. However, if you build a JADU under §65852.22, the owner must occupy either the primary dwelling or the JADU.
How tall can my detached ADU be?
State law guarantees at least 16 ft. Properties within 1/2 mile of transit or on multifamily lots can go up to 18 ft (single-story) or 25 ft (two-story) per Gov. Code §65852.2(c)(1)(D).
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