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Santa Clara County ADU rules

Santa Clara County is the heart of Silicon Valley, combining major employment centers with established neighborhoods and expanding residential communities. Browse local ADU information for San Jose and other jurisdictions across the county.

Santa Clara County

County rules

California

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Incorporated cities inside Santa Clara County adopt their own ADU standards, so a property inside city limits follows that city's rules. County standards apply to the unincorporated areas.

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Detailed applicable rules

Rules are grouped by topic. Open a topic for the answers, the conditions on them, and the official source each one came from. Each rule names the authority that set it: Statewide standard and Santa Clara County standard.

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54 rules

What can I build?

The kinds of accessory dwelling unit this jurisdiction recognises.8 rules · Statewide standard · Effective

  • Detached ADU allowed

    Allowed

    Detached ADUs are authorized on the same lot as a proposed or existing primary dwelling.

    Explanation

    Whether a detached, newly constructed ADU is permitted.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Attached ADU allowed

    Allowed

    Attached ADUs are authorized.

    Explanation

    Whether an ADU attached to the primary dwelling is permitted.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Conversion ADU allowed

    Allowed

    Existing dwelling space and accessory structures, including garages, may be converted to ADUs.

    Explanation

    Whether converting existing space, such as a garage or interior area, into an ADU is permitted.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Junior ADU allowed

    Allowed

    JADUs are authorized on qualifying single-family residential lots with a proposed or existing single-family residence.

    • Note: Conditions apply
    Explanation

    Whether a junior ADU is permitted.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Single family

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66333

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66333
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum detached ADUs allowed

    Up to 2 count

    A lot with a proposed multifamily dwelling may have up to two detached ADUs.

    • Note: Conditions apply
    Explanation

    Greatest number of detached ADUs permitted on the property.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Multifamily

    • Property has existing primary dwelling is no

    Part of Statewide, published by California.

    Explanation

    Greatest number of detached ADUs permitted on the property.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Multifamily

    • Property has existing primary dwelling is yes

    Part of Statewide, published by California.

    Explanation

    Greatest number of detached ADUs permitted on the property.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Single family

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66323(a)(4)(A)(iii)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66323(a)(4)(A)(iii)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)
    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66323(a)(4)(A)(ii)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66323(a)(4)(A)(ii)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)
    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66323(a)(2)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66323(a)(2)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum junior ADUs allowed

    Up to 1 count

    One JADU is allowed per qualifying single-family residential lot.

    • Note: Conditions apply
    Explanation

    Greatest number of junior ADUs permitted on the property.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Single family

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66333(a)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66333(a)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Property and zoning eligibility

Which lots, zones and existing homes qualify.3 rules · Statewide standard · Effective

  • ADU allowed on this property

    Allowed

    ADUs are authorized on lots with a proposed or existing primary residence in qualifying residential or mixed-use areas.

    • Note: Conditions apply
    Explanation

    Whether an ADU may be built on the property at all, before any other standard applies.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is one of Single family, Multifamily, Mixed use

    Part of Statewide, published by California.

    Sources (2)

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66313(a)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66313(a)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(2)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(2)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • ADU allowed in this zone

    Allowed

    An ADU is a residential use consistent with the lot's existing general-plan and zoning designations where the lot allows single-family or multifamily residential use.

    Explanation

    Whether the zoning district permits ADUs.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(c)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(c)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Existing primary dwelling required

    Not required

    A primary dwelling may be proposed rather than already built.

    • Note: Conditions apply
    Explanation

    Whether a primary dwelling must already exist, or be built concurrently, before an ADU is permitted.

    When this applies

    Applies when all of the following are true:

    • Application includes proposed primary dwelling is yes

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(2)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(2)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Size and floor area

Floor-area limits and overall dimensions.4 rules · Statewide standard · Effective

  • Maximum ADU size

    Up to 1,200 sqft

    A detached ADU may not exceed 1,200 square feet under the statewide baseline.

    • Note: Conditions apply
    Explanation

    Greatest permitted floor area of the ADU.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Detached adu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(5)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(5)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Guaranteed minimum size

    At least 800 sqft

    Local size and related development standards must allow at least an 800-square-foot ADU with four-foot side and rear setbacks.

    Explanation

    Floor area that must be permitted regardless of other size limits.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum size as a share of the primary dwelling

    Up to 50 percent

    An attached ADU on a lot with an existing primary dwelling may not exceed half of the primary dwelling's floor area.

    • Note: Conditions apply
    Explanation

    Greatest permitted ADU floor area expressed as a percentage of the primary dwelling.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Attached adu

    • Property has existing primary dwelling is yes

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(4)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(4)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Size threshold for additional bedrooms

    At least 1,000 sqft

    A local maximum size rule may not be lower than 1,000 square feet for an ADU with more than one bedroom.

    • Note: Conditions apply
    Explanation

    Floor area at which a different bedroom limit or size allowance takes effect.

    When this applies

    Applies when all of the following are true:

    • Project bedrooms is more than 1

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(2)(B)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(2)(B)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Height and stories

How tall an ADU may be, and how many storeys.5 rules · Statewide standard · Effective

  • Maximum height

    Up to 25 ft

    An attached ADU must be allowed up to 25 feet or the primary dwelling's applicable zoning height, whichever is lower; it need not exceed two stories.

    • Note: Conditions apply
    Explanation

    Greatest permitted height of the ADU.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Attached adu

    Part of Statewide, published by California.

    Explanation

    Greatest permitted height of the ADU.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Detached adu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(4)(D)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(4)(D)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)
    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(4)(A)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(4)(A)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Additional height allowed for roof pitch

    2 ft

    A detached ADU receives two additional feet where needed for a roof pitch aligned with the primary dwelling.

    • Note: Conditions apply
    Explanation

    Extra height permitted to accommodate a pitched roof.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Detached adu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(4)(B)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(4)(B)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum height near transit

    Up to 18 ft

    A detached ADU within one-half mile walking distance of qualifying transit must be allowed to reach 18 feet, plus applicable roof-pitch height.

    • Note: Conditions apply
    Explanation

    Greatest permitted height where the property is within a qualifying distance of transit.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Detached adu

    • Property distance to transit ft is at most 2640

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(4)(B)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(4)(B)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum height on multifamily property

    Up to 18 ft

    A detached ADU on a lot with an existing or proposed multistory multifamily dwelling must be allowed to reach 18 feet.

    • Note: Conditions apply
    Explanation

    Greatest permitted height where the ADU is on a multifamily property.

    When this applies

    Applies when all of the following are true:

    • Property primary structure type is Multifamily

    • Project unit type is Detached adu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66321(b)(4)(C)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66321(b)(4)(C)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Setbacks and placement

Distance from property lines and from other buildings.3 rules · Statewide standard · Effective

  • Minimum side setback

    At least 4 ft

    A local side setback may be no more than four feet for a new ADU not converted from an existing structure.

    • Note: Conditions apply
    Explanation

    Least permitted distance from a side property line.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Detached new, Attached new, Addition

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(7)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(7)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Minimum rear setback

    At least 4 ft

    A local rear setback may be no more than four feet for a new ADU not converted from an existing structure.

    • Note: Conditions apply
    Explanation

    Least permitted distance from the rear property line.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Detached new, Attached new, Addition

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(7)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(7)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Existing structure setback exception

    Yes

    No setback is required for an existing structure converted in place to an ADU.

    • Note: Conditions apply
    Explanation

    Whether an existing structure converted to an ADU may keep its current setbacks.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Interior conversion, Accessory structure conversion, Garage conversion

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(7)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(7)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Parking

When parking has to be provided, and when it is excused.5 rules · Statewide standard · Effective

  • Parking spaces required

    0 spaces

    No additional parking may be required for a JADU.

    • Note: Conditions apply
    Explanation

    Off-street parking spaces required for the ADU.

    When this applies

    Applies when all of the following are true:

    • Application type is Jadu

    Part of Statewide, published by California.

    Explanation

    Off-street parking spaces required for the ADU.

    When this applies

    Applies when all of the following are true:

    • Application type is one of Adu, Adu and jadu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66334(a)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66334(a)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)
    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(10)(A)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(10)(A)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Replacement parking required

    Not required

    Parking removed or converted for an ADU does not have to be replaced.

    • Note: Conditions apply
    Explanation

    Whether parking removed to build the ADU must be replaced.

    When this applies

    Applies when all of the following are true:

    • Project parking removed is yes

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(11)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(11)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Parking exemption near transit

    Yes

    No ADU parking standard may be imposed within one-half mile walking distance of public transit.

    • Note: Conditions apply
    Explanation

    Whether proximity to transit exempts the ADU from parking requirements.

    When this applies

    Applies when all of the following are true:

    • Property distance to transit ft is at most 2640

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66322(a)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66322(a)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Parking exemption in a historic district

    Yes

    No ADU parking standard may be imposed in an architecturally and historically significant historic district.

    • Note: Conditions apply
    Explanation

    Whether location in a historic district exempts the ADU from parking requirements.

    When this applies

    Applies when all of the following are true:

    • Property overlays includes Historic district

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66322(a)(2)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66322(a)(2)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Design requirements

Site and design standards an ADU has to meet.1 rule · Statewide standard · Effective

  • Passageway required

    Not required

    A pedestrian passageway may not be required for an ADU.

    Explanation

    Whether a pedestrian passageway to the ADU is required.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(6)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(6)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Fire and life safety

Sprinklers, access and other safety requirements.1 rule · Statewide standard · Effective

  • Fire sprinklers required

    Not required

    Sprinklers cannot be required in an ADU or JADU if they are not required for the primary residence.

    • Note: Conditions apply
    Explanation

    Whether fire sprinklers are required in the ADU.

    When this applies

    Applies when all of the following are true:

    • Property has sprinklers is no

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66323(d)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66323(d)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Utilities and impact fees

Connections, meters and the charges that come with them.8 rules

  • Separate utility meter required

    Not required

    For qualifying conversion ADUs and JADUs, a new or separate direct utility connection may not be required except with a new single-family dwelling or separate conveyance.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether the ADU must have its own utility meter.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Interior conversion, Accessory structure conversion, Garage conversion

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(d)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(d)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • New utility connection required

    Not required

    Qualifying conversion ADUs and JADUs cannot be required to install a new direct utility connection, subject to statutory exceptions.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether a new utility connection, rather than a shared one, is required.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Interior conversion, Accessory structure conversion, Garage conversion

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(d)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(d)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Connection fee charged

    Not required

    A related connection fee or capacity charge cannot be imposed on qualifying conversion ADUs and JADUs, subject to statutory exceptions.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether a utility connection fee or capacity charge applies.

    When this applies

    Applies when all of the following are true:

    • Project construction type is one of Interior conversion, Accessory structure conversion, Garage conversion

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(d)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(d)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Septic review required

    • Required

      An ADU served by a septic or onsite wastewater treatment system must obtain Environmental Health clearance before a building permit.

      • Set by: Santa Clara County standard
      • Note: Conditions apply
    • Required

      Where a private sewage-disposal system is used, local-health-officer approval may be required.

      • Set by: Statewide standard
      • In force from: Effective
      • Note: Conditions apply

    Where a topic is recorded at more than one level, both entries are shown with the authority that set them. Which one governs a particular property is a question for the responsible planning agency.

    Explanation — Santa Clara County standard

    Whether septic system review or approval is required.

    When this applies

    Applies when all of the following are true:

    • Property sewer type is Septic

    Part of Santa Clara County Local Rules, published by Santa Clara County.

    Explanation — Statewide standard

    Whether septic system review or approval is required.

    When this applies

    Applies when all of the following are true:

    • Property sewer type is Septic

    Part of Statewide, published by California.

    Source — Santa Clara County standard

    • AB 2533: Legalization of Accessory Dwelling Units Program, § Introduction

      Source document
      AB 2533: Legalization of Accessory Dwelling Units Program
      Document type
      Municipal code
      Source type
      Binding law
      Section
      Introduction
      Source checked
      August 24, 2026
      Open official source (opens in a new tab)
    Source — Statewide standard

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(9)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(9)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Exempt from impact fees

    Yes

    A JADU of 500 square feet or less is exempt from impact fees.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether the ADU is exempt from development impact fees.

    When this applies

    Applies when all of the following are true:

    • Project unit type is Jadu

    • Project proposed size sqft is at most 500

    Part of Statewide, published by California.

    Explanation

    Whether the ADU is exempt from development impact fees.

    When this applies

    Applies when all of the following are true:

    • Project unit type is one of Detached adu, Attached adu, Conversion adu

    • Project proposed size sqft is at most 750

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(c)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(c)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)
    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(c)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(c)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • School fees apply

    No

    An ADU or JADU under 500 square feet is treated as construction that does not increase assessable space by 500 square feet for school-fee purposes.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether school district fees apply to the ADU.

    When this applies

    Applies when all of the following are true:

    • Project proposed size sqft is less than 500

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.5(c)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.5(c)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Permits and review

How an application is reviewed, and the routes available.12 rules

  • Maximum period to determine application completeness

    Up to 15 days

    The permitting agency must provide written completeness notice within 15 business days.

    • Set by: Statewide standard
    • In force from: Effective
    Explanation

    Longest period the agency may take to determine whether a submitted application is complete.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66317(a)(2)(A), 66335(a)(2)(A)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66317(a)(2)(A), 66335(a)(2)(A)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum period to decide a completed application

    Up to 60 days

    A completed ADU or JADU application on a lot with an existing qualifying dwelling must be approved or denied within 60 days; applicant-requested delay tolls the period.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Longest period the agency may take to approve or deny a completed application. Frequently scoped to lots with an existing dwelling; that condition belongs in the claim's applicability, not in this description.

    When this applies

    Applies when all of the following are true:

    • Property has existing primary dwelling is yes

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66317(a)(3), 66335(a)(3)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66317(a)(3), 66335(a)(3)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum period to review a resubmitted application

    Up to 15 days

    A resubmission addressing listed completeness items is subject to the same 15-business-day completeness timeline.

    • Set by: Statewide standard
    • In force from: Effective
    Explanation

    Longest period the agency may take to review an application resubmitted after a completeness or correction letter.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66317(a)(2)(E), 66335(a)(2)(E)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66317(a)(2)(E), 66335(a)(2)(E)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum period to determine an appeal

    Up to 60 days

    A final written determination on an ADU or JADU appeal is due within 60 business days after receipt of the written appeal.

    • Set by: Statewide standard
    • In force from: Effective
    Explanation

    Longest period the agency may take to issue a final written determination on a written appeal.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66317(d)(2), 66335(e)(2)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66317(d)(2), 66335(e)(2)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum period to respond to a state housing agency

    Up to 30 days

    A local agency has no more than 30 days to respond to HCD findings on a noncompliant ADU or JADU ordinance.

    • Set by: Statewide standard
    • In force from: Effective
    Explanation

    Longest period the jurisdiction may take to respond to a state housing agency letter or finding. A duty owed to the agency, not to an applicant.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66326(b)(1), 66333.5(b)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66326(b)(1), 66333.5(b)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Maximum period to act on a coastal development permit

    Up to 60 days

    A completed coastal development permit application for an ADU must be approved or denied within 60 days, subject to the concurrent-primary-dwelling exception.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Longest period the agency may take to act on a coastal development permit application. Separate from the underlying ADU application timeline.

    When this applies

    Applies when all of the following are true:

    • Property overlays includes Coastal overlay

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66329(a)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66329(a)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Ministerial review available

    Yes

    ADU and JADU permits are reviewed ministerially without discretionary review or hearings.

    • Set by: Statewide standard
    • In force from: Effective
    Explanation

    Whether the application is reviewed ministerially, without discretionary hearings.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66317(a)(1), 66335(a)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66317(a)(1), 66335(a)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Demolition delay applies

    No

    For a detached garage replaced by an ADU, written notice or placarding for demolition cannot be required outside an architecturally and historically significant historic district.

    • Set by: Statewide standard
    • In force from: Effective
    • Note: Conditions apply
    Explanation

    Whether a demolition permit review or delay applies to the project.

    When this applies

    Applies when all of the following are true:

    • Property overlays does not include Historic district

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(f)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(f)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Legalization of unpermitted ADUs available

    • Yes

      The County accepts applications to legalize eligible unpermitted ADUs and JADUs under its AB 2533 program.

      • Set by: Santa Clara County standard
      • Note: Conditions apply
    • Yes

      An unpermitted ADU or JADU built before January 1, 2020 has a statewide permit pathway, subject to health-and-safety exceptions.

      • Set by: Statewide standard
      • In force from: Effective
      • Note: Conditions apply

    Where a topic is recorded at more than one level, both entries are shown with the authority that set them. Which one governs a particular property is a question for the responsible planning agency.

    Explanation — Santa Clara County standard

    Whether an existing unpermitted ADU can be brought into compliance under a legalization pathway.

    When this applies

    Applies when all of the following are true:

    • Project construction type is Legalization

    Part of Santa Clara County Local Rules, published by Santa Clara County.

    Explanation — Statewide standard

    Whether an existing unpermitted ADU can be brought into compliance under a legalization pathway.

    When this applies

    Applies when all of the following are true:

    • Project construction type is Legalization

    Part of Statewide, published by California.

    Source — Santa Clara County standard

    • AB 2533: Legalization of Accessory Dwelling Units Program, § Program Eligibility

      Source document
      AB 2533: Legalization of Accessory Dwelling Units Program
      Publisher
      Santa Clara County
      Document type
      ADU webpage
      Source type
      Official guidance
      Section
      Program Eligibility
      Source checked
      August 27, 2026
      Excerpt
      Legalization of the previously unpermitted structure pursuant to Government Code Section 66332 (AB 2533).
      Open official source (opens in a new tab)
    Source — Statewide standard

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66311.7(a)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66311.7(a)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Preapproved plans available

    Yes

    The County offers pre-approved ADU plans for residents of unincorporated Santa Clara County.

    • Set by: Santa Clara County standard
    Explanation

    Whether the jurisdiction offers a preapproved or standard plan program.

    Part of Santa Clara County Local Rules, published by Santa Clara County.

    Source

    • Pre-Approved ADU Program, § County Pre-Approved ADU Plans

      Source document
      Pre-Approved ADU Program
      Publisher
      Santa Clara County
      Document type
      ADU webpage
      Source type
      Official guidance
      Section
      County Pre-Approved ADU Plans
      Source checked
      August 27, 2026
      Open official source (opens in a new tab)

  • Inspection required

    Required

    Septic or onsite-wastewater work for an ADU requires Environmental Health inspections.

    • Set by: Santa Clara County standard
    • Note: Conditions apply
    Explanation

    Whether inspection is required as part of the process.

    When this applies

    Applies when all of the following are true:

    • Property sewer type is Septic

    Part of Santa Clara County Local Rules, published by Santa Clara County.

    Source

    • AB 2533: Legalization of Accessory Dwelling Units Program, § Step 5: Schedule required inspections

      Source document
      AB 2533: Legalization of Accessory Dwelling Units Program
      Document type
      Municipal code
      Source type
      Binding law
      Section
      Step 5: Schedule required inspections
      Source checked
      August 24, 2026
      Open official source (opens in a new tab)

Occupancy and rentals

Who may live in an ADU, and how it may be rented or sold.4 rules · Statewide standard · Effective

  • Minimum rental term

    At least 31 days

    ADU and JADU rentals must be for terms longer than 30 days.

    Explanation

    Shortest rental term permitted for the ADU.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66333(g)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66333(g)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Short-term rental allowed

    Not allowed

    Rentals of 30 days or fewer are not allowed under the statewide ADU/JADU rules.

    Explanation

    Whether the ADU may be used as a short-term rental.

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code §§ 66315, 66333(g)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code §§ 66315, 66333(g)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Separate sale allowed

    Not allowed

    An ADU or JADU generally may not be sold separately from the primary residence, subject to a statutory separate-conveyance exception not captured by this broad rule.

    • Note: Conditions apply
    Explanation

    Whether the ADU may be sold separately from the primary dwelling.

    When this applies

    Applies when all of the following are true:

    • Project separate sale intended is yes

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66314(d)(1)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66314(d)(1)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

  • Deed restriction required

    Required

    A JADU requires a recorded deed restriction.

    • Note: Conditions apply
    Explanation

    Whether a recorded deed restriction or covenant is required.

    When this applies

    Applies when all of the following are true:

    • Application type is one of Jadu, Adu and jadu

    Part of Statewide, published by California.

    Source

    • California Government Code, Title 7, Division 1, Chapter 13, § Gov. Code § 66333(c)

      Source document
      California Government Code, Title 7, Division 1, Chapter 13
      Publisher
      California
      Document type
      ADU webpage
      Source type
      Binding law
      Section
      Gov. Code § 66333(c)
      Source checked
      August 23, 2026
      Open official source (opens in a new tab)

Who to contact in Santa Clara County

These agencies decide what is permitted here. Contacting them does not guarantee approval, but they can confirm what applies to a specific parcel.

Sources

The rules above were recorded from these official documents. Each opens on the publisher's own site.

ADUDesk summarises recorded rules for informational purposes and may not include every requirement. Confirm current requirements with the responsible planning agency before making design, purchase, or permit decisions.

About this information

Rules are recorded from official sources and each one links to the document it came from. A source check confirms the document was retrieved and read; it is not a legal review, and the record may not cover every requirement that applies to a property or project.

Report as of
The date the rules on this page were resolved for.
Jurisdiction record reviewed
Not recordedWhen this jurisdiction's record was last checked. Not a legal review.

Statewide

Published by California

Rule-set effective from
Published
Statewide rules reviewed
A staff check of this rule set against its sources.

What changed in this version: Initial

Santa Clara County Local Rules

Published by Santa Clara County

Rule-set effective from
Published
Local rules reviewed
A staff check of this rule set against its sources.

What changed in this version: Created from V2 research draft #10 (run #26).

Planning an ADU in Santa Clara County?

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