ADU Rules: Huntington Beach vs Midway City
How do adu rules rules compare between Huntington Beach, CA and Midway City, CA?
Midway City has fewer restrictions than Huntington Beach.
Huntington Beach, CA
Orange County
Huntington Beach allows accessory dwelling units per California state ADU law (Government Code 65852.2). The city offers a pre-approved 490 sq ft ADU plan to streamline the process.
View full Huntington Beach 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 | Huntington Beach | Midway City |
|---|---|---|
| State Law | CA Gov. Code §65852.2 | Cal. Gov. Code §65852.2 (ADU) & §65852.22 (JADU) |
| Max Size | Up to 1,200 sq ft detached | - |
| Pre-Approved Plan | 490 sq ft 1-story option available | - |
| Owner Occupancy | Not required per state law | - |
| Local Code | - | OC Zoning Code Title 7, Division 9 |
| Max Detached ADU | - | 1,200 sqft |
| Max JADU | - | 500 sqft (within existing dwelling) |
| Setbacks | - | 4 ft side/rear (state minimum) |
| Height | - | 16 ft minimum allowed; up to 18-25 ft per state law |
| Parking | - | None required if within 1/2 mi of transit or garage conversion |
| Owner-Occupancy | - | Required when JADU is present (§65852.22) |
Highlighted rows indicate differences between cities.
Huntington Beach FAQ
Can I build an ADU in Huntington Beach?
Yes. California state law requires cities to allow ADUs. Huntington Beach offers a pre-approved 490 sq ft plan for faster permitting. Detached ADUs can be up to 1,200 sq ft.
Does the ADU owner-occupancy requirement apply?
No. California eliminated the owner-occupancy requirement for ADUs.
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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