Verified October 4, 2026

ADU Regulations in San Jose, California

Santa Clara County · CA · Pop. 1,030,000

San Jose allows two-story detached ADUs up to 24 ft on single-family lots, taller than the state floor, and a zoning update proposes raising that to 25 ft. The city's Preapproved ADU program, with plans from several vendors and a dedicated review team, is its fastest and lowest-cost permit path. ADUs are allowed on single-family, duplex and multifamily properties.

Max ADU Size

1,200

sq ft detached

Rear Setback

None for a one-story detached ADU covering 40% or less of the rear yard; otherwise 4 ft, and 4 ft for any second story

Permit Timeline

60 days for ministerial review

Build Cost

$200,000 – $550,000

Local Rules

What's Different in San Jose

  • ›Detached ADUs: 18 ft one-story, 24 ft two-story
  • ›Preapproved ADU program with a dedicated city review team
  • ›Proposed update would remove the 45 ft front setback for detached ADUs

Zoning

Allowed ADU Types

✓Detached ADU
✓Attached ADU
✓JADU (Junior ADU)
✓Garage Conversion
Units per single-family lot: up to 3 (ADU + JADU + detached ADU)✓ No owner-occupancy required

State law requires cities to allow, on a single-family lot, one ADU converted from existing space, one JADU, and one new detached ADU of up to 800 sq ft. Multifamily lots can add up to 8 detached ADUs (not more than the number of existing units) plus conversions of non-livable space for up to 25% of existing units.

Both an ADU and a JADU are allowed on a single-family lot simultaneously

Source: City of San Jose: Accessory Dwelling Units · San Jose Municipal Code Title 20 (Zoning)

Dimensions

Size & Setback Requirements

Detached

1,200

sq ft max

JADU

500

sq ft max

Attached

50% of primary home, max 1,200 sq ft

Setbacks

front

Same as primary dwelling

side

None for a one-story detached ADU covering 40% or less of the rear yard; otherwise 4 ft, and 4 ft for any second story

rear

None for a one-story detached ADU covering 40% or less of the rear yard; otherwise 4 ft, and 4 ft for any second story

Max height: 18 ft (one-story detached); 24 ft (two-story detached); attached ADUs follow the main home's height limit

State law floor for detached ADUs: 16 ft; 18 ft within half a mile of major transit (plus 2 ft to match the main roof pitch) or on a lot with a multistory multifamily building.

Lot coverage: No additional lot coverage limit beyond primary dwelling requirements

Maximum ADU floor area is 1,000 sq ft on lots up to 9,000 sq ft and 1,200 sq ft on larger lots. A detached ADU must be at least 6 ft from the main home. Garage conversions may maintain zero setbacks from existing structure footprint

Permitting

Permit Process

Department

San Jose Department of Planning, Building & Code Enforcement

Review Timeline

60 days for ministerial review; no discretionary approval required

Permit Fees

$5,000 – $20,000

Impact Fees

Waived for ADUs 750 sq ft and under; reduced for 750–1,200 sq ft

Required Documents

  • ›Completed permit application
  • ›Site plan showing all structures and setbacks
  • ›Floor plans (existing and proposed)
  • ›Elevation drawings (all four sides)
  • ›Title 24 energy compliance documentation
  • ›Structural calculations (new construction or additions)

San Jose has a pre-approved ADU plan library to speed up permitting

Infrastructure

Utilities & Requirements

Solar

Required

Parking

Usually none

Separate Meter

Optional

Fire Sprinklers

Only if main home has them

Sewer: Must connect to municipal sewer; connection fee may apply
Fire Sprinklers: Not required unless primary dwelling has sprinklers
Parking: No additional parking required for ADUs in most zones

PG&E service area; electrical upgrade may be required depending on panel capacity

Financials

ADU Costs in San Jose

Typical Build Cost

$200,000 – $550,000

Cost per Sq Ft

$300 – $500

Monthly Rental

$2,200 – $5,500/mo

Property Value Added

Adds $250,000 – $500,000 to property value in Silicon Valley market

Grants & Programs to Check

  • ★CalHFA ADU Grant Program (closed since December 2023; watch calhfa.ca.gov for any new funding round)
  • ★Santa Clara County programs for affordable ADUs

Silicon Valley labor costs drive ADU construction prices above state averages; garage conversions typically $100,000–$200,000

Use the free ADU Cost Calculator →

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State Law

California Rules That Apply in San Jose

San Jose can be more generous than state law but not stricter. These statewide minimums were last reviewed September 30, 2026.

Units per lot
Single-family lots can have one ADU converted from existing space, one JADU, and one new detached ADU (up to 800 sq ft). Multifamily lots can add up to 8 detached ADUs (never more than the number of existing units) plus conversions for up to 25% of existing units. Gov. Code §66323; SB 1211 (2024)
Size
Cities must allow at least an 800 sq ft ADU with 4 ft side and rear setbacks. Local maximums can be no lower than 850 sq ft (studio or one bedroom) or 1,000 sq ft (two or more bedrooms). JADUs are capped at 500 sq ft of interior livable space. Gov. Code §§66321, 66333
Height
Detached ADUs: at least 16 ft; 18 ft within half a mile of major transit (plus 2 ft to match the roof pitch of the main home) or on a lot with a multistory multifamily building. Attached ADUs: 25 ft or the zone height limit, whichever is lower. Gov. Code §66321(b)(4); AB 2221 and SB 897 (2022)
Setbacks
Side and rear setbacks for new ADUs can be no more than 4 ft. Conversions of existing legal structures need no extra setback. Front setbacks cannot block an 800 sq ft ADU. Gov. Code §66314(d)(7); AB 2221 (2022)
Permit timeline
The city has 15 business days to say whether an application is complete, or it is deemed complete. It must then approve or deny a complete application within 60 days, with no public hearing. Gov. Code §66317; SB 543 (2025)
Impact fees
No impact fees on ADUs under 750 sq ft; larger units pay fees proportional to the main home. ADUs and JADUs of 500 sq ft or less are exempt from school impact fees. Gov. Code §66324; SB 543 (2025)
Owner-occupancy
Cities cannot require the owner to live on site for an ADU. For a JADU, owner-occupancy can be required only if the JADU shares a bathroom with the main home. JADUs cannot be short-term rentals. AB 976 (2023); AB 1154 (2025)
Parking
No parking is required for an ADU within half a mile walk of public transit, in a historic district, or for a conversion, and garage parking lost to an ADU does not have to be replaced. Gov. Code §66322
Fire sprinklers
Sprinklers cannot be required in an ADU unless the main home is required to have them. Gov. Code §66314(d)(12)
Pre-approved plans
Every city must offer a program for pre-approved detached ADU plans, and plans matching a pre-approved design must be approved or denied within 30 days. AB 1332 (2023); Gov. Code §65852.27
Selling an ADU
Cities may choose to let owners sell an ADU separately as a condominium. It is a local opt-in, so check whether your city has adopted it. AB 1033 (2023)
Unpermitted ADUs
ADUs built without permits before 2020 can be legalized. Cities cannot deny them for code violations unless the unit is a health and safety hazard, and fees are limited. AB 2533 (2024)
Disclaimer: Information is compiled from publicly available municipal codes for general informational purposes only. It does not constitute legal, zoning, or construction advice. Regulations change frequently. Always verify with your local planning department. Last verified: October 4, 2026. Verify with San Jose Department of Planning, Building & Code Enforcement

San Jose Quick Facts

  • Max size1,200 sq ft
  • Rear setbackNone for a one-story detached ADU covering 40% or less of the rear yard; otherwise 4 ft, and 4 ft for any second story
  • Permit timeline60 days for ministerial review
  • Build cost$200,000 – $550,000
  • Rental income$2,200 – $5,500/mo
  • Owner occupancyNot required

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