Accessory Structures in San Benito County, CA (2026)
6 rules for unincorporated San Benito County, California.
Verified from official government sources
ADU Rules
Detached and attached ADUs in unincorporated San Benito County need only a ministerial building permit, no discretionary planning approval, and the county must issue it within 60 days of a complete application.
San Benito County ADU Permit Process
Some RestrictionsSan Benito County Code § 25.08.002(D)(1)-(3)
Ministerial action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit is a ministerial action and subject to compliance with the standards in this section and all other applicable codes. (2) Building permit. All accessory dwelling unit or junior accessory dwelling units shall require a building permit, subject to all the standard application and processi...
ADU Impact Fees
ADUs under 750 square feet pay zero county impact fees in unincorporated San Benito County; larger units pay a fee scaled to their share of the primary home's floor area.
San Benito County ADU Impact Fee Rules
Some RestrictionsSan Benito County Code § 25.08.002(J)(1)(a)-(b)
No county-imposed impact fees shall be charged for an accessory dwelling unit that is less than 750 square feet in size. For accessory dwelling units 750 square feet or larger, county-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwellin...
ADU Owner Occupancy
A junior accessory dwelling unit in unincorporated San Benito County requires the property owner to live on-site, and the county records a deed restriction barring the JADU from being sold separately.
San Benito County Junior ADU Owner-Occupancy Rule
Significant RestrictionsSan Benito County Code § 25.08.002(I)(3)(i)
Owner occupancy requirements for junior ADUs. 1. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence. 2. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or non-profi...
Shed & Carport Rules
Sheds and other accessory structures in unincorporated San Benito County face zoning setbacks and size limits: small sheds need only 3-foot side/rear setbacks, and residential-zone accessory buildings are capped at one story or 20 feet in height.
San Benito County Shed & Accessory Rules
Some RestrictionsSan Benito County Code § 25.07.007(A)(3)-(4)
No detached accessory building shall exceed one story or 20 feet in height. Accessory structures less than 120 square feet shall be limited to no more than 10 feet in height. (4) No more than two detached accessory buildings 120 square feet or greater in size shall be permitted on one lot. No more than three accessory buildings less than 120 square feet in size shall be placed on a lot....
Garage Conversions
Existing garages and other accessory structures in unincorporated San Benito County can be converted into an ADU under the standard ADU rules, and lost garage parking doesn't have to be replaced.
San Benito County Garage-to-ADU Conversion Rules
Light RestrictionsSan Benito County Code § 25.08.002(I)(2)(d), (K)(2)
Height. 25 feet for new structures built specifically as an accessory dwelling unit. Existing structures can be converted to an accessory dwelling unit consistent with the requirements of this § 25.08.002. ... Parking lost when a garage, carport, or covered parking structure is demolished to allow for the construction of an accessory dwelling unit or for the conversion of a structure to an acce...
Tiny Homes
Unincorporated San Benito County allows tiny homes as a primary dwelling or an ADU in any zone that permits residential dwellings, provided the unit is 150 to 400 gross square feet and meets skirting, roof-pitch and utility standards.
Tiny Home Rules in Unincorporated San Benito County
Some RestrictionsSan Benito County Code § 25.08.029(A), (B), (C)(1)(c)
(A) Tiny home defined. A TINY HOME is a small towable residential unit that is not on a permanent foundation and is towable for moving from place to place. ... (B) Where permitted. Tiny homes are permitted in all zoning districts that allow residential dwellings or ADUs... (c) Minimum and maximum size. Minimum size: 150 gross square feet. Maximum size: 400 gross square feet.
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