The Role of Local Jurisdictions in Approving ADU Permits, California

 Table of Contents
 1. What is an ADU?
2. Benefits of Building a Permitted ADU in California
 3. The Role of Local Jurisdictions in Approving ADU Permits
 4.  State vs. Local Control: What Homeowners Should Know
 5. FAQ
ADU

What is an ADU?

An Accessory Dwelling Unit (ADU) is a self-contained residential unit built on the same lot as a primary home. Also known as granny flats, in-law suites, or backyard homes, ADUs have gained popularity across California as a response to the housing shortage. They typically feature a kitchen, bathroom, and separate entrance, making them ideal for long-term rental, multigenerational living, or guest accommodation.

Benefits of Building a Permitted ADU in California

Getting a permit for your ADU ensures:

  • Legal Compliance: Avoid fines, stop-work orders, or demolition requirements.

  • Increased Home Value: Permitted ADUs can boost resale prices and appraisal values.

  • Rental Income: Legally rent out your unit without risk of eviction notices or code violations.

  • Financing & Insurance Eligibility: Only permitted structures qualify for mortgage refinancing and coverage.

  • Peace of Mind: Permits ensure the structure meets safety and building codes.

The Role of Local Jurisdictions in Approving ADU Permits

While California state law sets the framework for ADU development, local jurisdictions are responsible for reviewing, approving, and enforcing the details of your ADU project.


🏛️ 1. Zoning and Land Use Regulations

Each city or county has specific zoning rules:

  • Minimum lot sizes

  • Setback requirements

  • Maximum square footage

  • Height limitations

While state law overrides some local restrictions, cities can still impose design and placement standards within those limits.


📝 2. Building Permit Process

The local building department reviews:

  • Construction drawings

  • Engineering plans

  • Structural integrity

  • Utility connections

  • Fire safety compliance

Local officials also handle inspections during and after construction to ensure code compliance.


🔍 3. Design Standards

Cities can require:

  • Matching architectural styles

  • Landscaping improvements

  • Privacy measures for neighboring properties

These must be objective, not subjective, due to state ADU laws passed in recent years.


🚗 4. Parking Requirements

Local governments may require parking unless:

  • The ADU is within ½ mile of public transit

  • It's a garage conversion

  • It's located in a historic or architecturally significant district


🏗️ 5. Timeframes for Approval

State law mandates that local jurisdictions must approve or deny ADU permits within 60 days of receiving a complete application. Delays beyond this timeline can lead to automatic approvals.


State vs. Local Control: What Homeowners Should Know

CategoryState LawLocal Jurisdictions
Max ADU SizeUp to 1,200 sq. ft.May restrict based on lot coverage
Parking WaiversRequired near transitCan’t override state exemption
Setbacks4 ft side/rearCannot impose stricter rules
Design AestheticsObjective onlyNo subjective design denial
Permit Timelines60 daysMust comply

FAQ

How do I know if my city allows ADUs?

Check your local planning department website or call them directly. California mandates ADU allowances statewide, but details vary by city or county.

Can my city deny my ADU permit?

If your ADU plan meets state and local regulations, your city must approve it within 60 days. They cannot deny it based on personal or discretionary opinions.

Do HOAs affect my ability to build an ADU?

Homeowners associations cannot prohibit ADUs, but they may enforce reasonable design guidelines.

How long does it take to get an ADU permit?

By law, local jurisdictions must approve permits within 60 days of a complete submission. Actual construction timelines vary.

What documents do I need to submit?

You’ll typically need:

  • Site plan

  • Floor plans

  • Elevations

  • Structural calculations

  • Title 24 energy compliance documents