ADU Regulations in San Jose, California (2026)
Summary from local ordinance data. Verify with city planning for your specific lot.
Regulations at a glance
| Rule | Value |
|---|---|
| Max ADU Size | 1200 sq ft |
| Side Setback | 4 ft |
| Rear Setback | 4 ft |
| Max Height | 16 ft |
| Approval Type | Ministerial (by-right) per Gov Code §65852.2 |
| Parking Requirements | Often waived per state law; check local ordinance |
Local rules & notes
ADU Condoization Ordinance: San Jose allows ADUs to be split into separately saleable condominiums with distinct ownership, while remaining on the same parcel as the primary residence. ADU Condominium Checklist: The city provides a specific checklist to assist homeowners in navigating the complex process of converting an ADU into a saleable condominium.
For the official ordinance and latest updates, check your city or county planning department.
Frequently asked questions about ADU regulations in San Jose
What is the maximum ADU size in San Jose, California?
In San Jose, the maximum ADU size is typically 1200 square feet, depending on whether the unit is attached or detached. California state law allows up to 1,200 sq ft for detached ADUs and 800 sq ft for attached in many jurisdictions; San Jose may follow state defaults or have local limits. Verify with San Jose planning for your specific lot.
What are the setback requirements for ADUs in San Jose?
In San Jose, typical setback requirements are 4 feet from the side property line and 4 feet from the rear. These may be reduced to 4 feet under California Government Code § 65852.2 where applicable. Check with San Jose planning for overlay zones or design standards that could affect your site.
What is the maximum height for an ADU in San Jose?
In San Jose, the maximum height for an ADU is generally 16 feet. State law often allows up to 16 feet for detached ADUs and up to 25 feet when within 4 feet of the property line in some cases. Confirm with San Jose or county planning for your zone.
Is ADU approval ministerial in San Jose?
In San Jose, ADU approval is typically Ministerial (by-right) per Gov Code §65852.2. Ministerial (by-right) review means the city must approve qualifying applications without discretionary review, per California Gov Code § 65852.2. Your project must still meet objective standards; San Jose planning can confirm the exact process.
Are there parking requirements for ADUs in San Jose?
In San Jose, parking for ADUs is generally Often waived per state law; check local ordinance. California law often waives parking for ADUs within a half-mile of transit or in certain historic districts. Check with San Jose planning for your address.
Check if your specific address qualifies
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