Accessory Dwelling Units (ADUs)

ADU Urgency Ordinance

New state laws governing ADUs went into effect on January 1, 2023, and Santa Cruz's ADU regulations have been updated as a result.

Review the current ADU regulations.

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Basic Requirements for Accessory Dwelling Units

Accessory Dwelling Units (ADUs) are allowed on any property zoned for residential or mixed use, in conjunction with an existing or proposed residential use.

ADUs can be created by building a new structure (New Construction Detached ADU), building an addition to an existing residential structure (New Construction Attached ADU), or by converting any existing legal structure such as a garage, workshop, or guest house (Conversion ADU).

On parcels developed with a single-family home (including townhomes on a separate legal parcel) property owners may construct one New Construction Detached ADU, one Conversion ADU and one Junior ADU if all units comply with the relevant state and local regulations. On parcels developed with multi-family housing (duplex, triplex, apartments, condos), up to two New Construction ADUs are allowed, and a minimum of one Conversion ADU, up to a maximum of 25% of the existing units. Conversion ADUs on multi-family property can only be created in buildings or spaces in building that are not used as livable space: storage areas, parking areas, unused corridors etc.

Single-family home properties with ADUs are not eligible to participate in the City’s Short-Term Vacation Rental Program – the ADU is intended to provide housing for a household member, family, or tenant.

Multi-family properties with ADUs may be eligible to participate in the City’s Short-Term Vacation Rental Program. Please contact the Planning Department’s STR staff member for further information.

Outside the Coastal Zone no parking is required for an ADU; Inside the Coastal Zone one off-street parking space is required for an ADU located within a short distance of the Coast, as shown in the City’s GIS layer titled ADU Parking Required. This layer is the last layer listed under the GIS Planning Layers list. GIS layer

Parcels with an ADU are not required to provide any covered parking for the primary home.

Outside of the Coastal Zone, any parking spaces or areas removed to accommodate an ADU need not be replaced.

Inside of the Coastal Zone, parking requirements and replacement requirements vary based on location. Consult with a planner to determine the standards that apply to your parcel.

ADUs require a Building Permit with the requisite architectural drawings, energy calculations and green building calculations and inspections. No public hearing or discretionary planning permit is required, and these permits cannot be appealed.

Properties with ADUs are required to record a Land Use Agreement specifying the size of the unit and a limitation on use as a Short-Term Vacation Rental.

Occupancy

No owner occupancy will be required on properties with ADUs permitted after 1/1/2020.

This provision is not retroactive and existing ADUs are still bound by recorded Land Use Agreements. Future updates to the City’s ordinance in 2024 will seek to address this difference between recent and older ADUs.

For ADUs initially permitted before 2020, the property owner or an adult member of the property owner’s immediate family, (limited to the property owner’s spouse, adult children, parents, siblings), must occupy either the primary home or accessory dwelling unit as their principal place of residence.

Exceptions may be granted by the City Council for a temporary period of up to two years, with the option of a one-year extension, on a case-by-case basis. The exception to this requirement would allow both units to be rented, with a requirement that one of the units be rented to an income-qualified Low-Income household.

When the allowed rental period ends, the property owner and/or the property owner’s immediate family member, must reoccupy the property or cease renting one of the units, or sell the property to a buyer who will reside on the property. A fee for such a request shall be in an amount established by resolution by the city council.

Standards for New Construction Detached ADUs

If you are building a new, stand-alone structure as an ADU the following zoning standards apply:

New Construction Detached ADUs may be the largest of either:

10% of the net lot area of the parcel, up to a maximum of 1200 square feet of habitable area (definition of net lot area); or
Up to 850 square feet for a studio or 1-bedroom unit, or up to 1000 square feet for units with more than one bedroom.

New construction detached ADUs must be setback a minimum of 3’ from the interior side and rear property lines.

New construction detached ADUs setback 4’ or more from the interior side and rear property lines may have a maximum height of 22’ at the peak, measured from average grade. The same ADU cannot exceed a height of 16’ for the portion of the structure that is within 3’ and 3.9’ of a rear or interior side property line.

Fire-resistive requirements of CA Residential Code (CACR) R302.1 apply where the distance from the exterior wall to property line is less than 5 feet.

The distance between an ADU and any other building on the same lot must be a minimum of 6’, measured from respective exterior walls.

ADUs taller than one story may be up to 22’ tall at the peak, measured from average grade and any portion of the structure that exceeds 16’ in height must be setback a minimum of 4’ from the side yard property line and 4’ from the rear yard property line. *

*Exception: An ADU that faces an alley, street, or the Monterey Bay Sanctuary Scenic Trail can be up to 22’ tall and setback 5’ from the side and rear property lines.

If any portion of the ADU is located in front of the primary structure, then the front and side yard setbacks are the same as those required for other residential structures in the zoning district.

Detached New Construction ADUs higher than one story shall limit the major access stairs, decks, entry doors, and windows to the interior of the lot, an alley, or the Monterey Bay Sanctuary Scenic Trail if applicable.

Second-story windows shall be oriented to obscure views of neighboring yards by ADU occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to two-story ADUs that conform to the setbacks required for the primary structure on the parcel.

Standards for New Construction Attached ADUs

If you are building an ADU as addition to an existing residential structure, either a single-family home or a multi-family structure, the following zoning standards apply:

New Construction Attached ADUs may be the largest of either:

50% of the habitable area of the primary home; or
Up to 850 square feet for a studio or 1-bedroom unit, or up to 1000 square feet for units with more than one bedroom.,) Most site standards that apply to the primary home (height, front setbacks, floor area ratio), based on the zoning district, shall apply to the ADU or ADU portions of the shared structure. *

*Exception: Certain zone districts require additional setbacks for portions of a structure over 15’ in height. This increased setback does not apply to the ADU.

*Exception: Side and rear setbacks are set by State Law and must be a minimum of 4’. Any future abandonment of the ADU use will require removal of the portion of the structure that exceeds the setback otherwise required for the zone district.

Attached ADUs may be located on any story of the structure, as allowed based on the zone district.

Attached ADUs must comply with the height standard established for primary structures in the underlying zone district.

Fire-resistive standards for exterior walls and roof projections apply to new additions and requirements for separation between dwellings will apply to all attached ADU’s and to JADU’s that do not share a freely accessible interior connection with the primary household (per California Residential Code R302.1 and R302.3)

Standards for Conversion ADUs

If you are building an ADU by converting any existing or entitled legal structure or portion of a structure, the following zoning standards apply:

Conversion ADUs can be created from part of the existing primary structure, from an existing garage, or other legal structure.

Legal structures are ones that were either built with permits or that predate the requirement for building permits and are legally non-conforming.

On parcels with multi-family housing, only non-livable portions of existing structures are eligible for conversion – work-out rooms, community areas, and lobbies are not eligible to be converted. Storage rooms, garages and carports, corridors, boiler rooms, and similar spaces can be converted.

Structures being converted may be partially or fully reconstructed and continue to qualify as a Conversion ADU for purposes of zoning review. Structures that are fully rebuilt will be subject to Building Standards applicable to newly constructed buildings, including applicable fees.

A Conversion ADU may be any size, based on the size of the structure to be converted.

Structures being converted may be expanded by up to 150 square feet of building footprint. Expansion areas must conform with setback and height standards that apply to New Construction ADUs.

Structures being converted may be expanded by up to 2’ of total height, not to exceed the height limits outlined in the new construction detached and attached ADU sections above.

Current zoning site standards do not apply to Conversion ADUs where they are reusing existing legal structures; however, expansion areas are subject to current zoning standards for ADUs.

Due to the change of use generally involved with these conversions, the modified building will be required to meet the current building code standards for use as a dwelling.

Requirements for Junior ADUs

Junior Accessory Dwelling Units (JADUs) are allowed on any property zoned to allow single family dwellings and that are created in conjunction with an existing or proposed single family dwelling, townhome, or a detached unit on a site with multiple units.

One JADU is allowed per lot.

The JADU must be attached to the primary dwelling and can be created as part of a new dwelling, as an addition to an existing dwelling, or as a conversion of existing space within the primary dwelling.

Setbacks and other site development standards for a JADU are the same as those required for the primary dwelling to which the JADU is attached.

The JADU can be up to 500 square feet in size.

The JADU must have its own entrance from the outside.

The JADU must have a food preparation area that includes appliances, counter space, and storage cabinets.

The JADU can have its own bathroom or share a bathroom with the main house. If the bathroom is shared, there must be an internal door to connect the JADU with the main house so that the person who lives in the JADU can access the bathroom without having to go outside.

The JADU cannot be sold separately from the primary dwelling.

The owner needs to live in either JADU or in the primary dwelling to which the JADU is attached.

The property owner will need to record a land use agreement to memorialize these requirements.

FAQs

Do I need to live on the property to build an ADU or JADU?

Since 2020 ADUs can be built on any residential property in the City, regardless of whether the property is owner occupied. ADUs permitted during this time period will never be required to have an owner occupant on the property. This provision currently applies only to newly permitted ADUs – it is not retroactive to ADUs that have already been permitted.

JADUs are subject to a requirement for owner occupancy, compliant with the State Government Code (Sec. 65852.22).
I built my ADU 10 years ago and got all the required permits at the time. I’ve been playing by the rules and now I want to sell my property so I can move. Does the owner-occupancy provision still apply to my property, and any future owner?

Yes. Existing Land Use Agreements are not changed by the current state policy, and the City has not yet changed this requirement for existing ADUs. In 2024, the City Planning Department will begin work to propose changes to this provision affecting pre-2020 ADUs. Please contact Senior Planner Sarah Neuse (sneuse@santacruzca.gov) for updates or to be placed on the email noticing list.

The City has a process for allowing the rental of both units on these properties for a period of up to two years subject to approval by the City Council. Contact the Planning Department for more information about how to apply.
Do I need a permit to build an ADU?

Yes. All ADUs require a building permit – no public hearing or planning permit is required, although some projects will require a Coastal Development Permit, and these permits cannot be challenged or appealed by neighbors. If an ADU is part of a larger project that involves building or extensively renovating the primary structure on the parcel, additional permits may be required, and in the case of a new home or multi-family structure on a parcel, the city may delay action on the ADU application until action on the primary residential use is finalized.

ADUs that are built in the Coastal Zone Appeals area may require a Coastal Development Permit. Speak to a planner to determine whether your proposed ADU can be exempt or excluded from that requirement.
What features does an ADU need to have?

An ADU is a fully independent living unit with full facilities for sleeping, eating, cooking, and sanitation. They can be small or large but must have a full kitchen (minimum of countertop for food preparation, cooking appliance, space for refrigeration, and kitchen sink) and full bath (minimum of a toilet, sink, and either a shower or a bath). An ADU must have exterior access independent from the primary dwelling.

What is the difference between an ADU and a JADU?

Can I use a manufactured home as an ADU?

Yes. If the home can comply with state and local building code requirements, including local green building standards, and can be sited on the property in compliance with the zoning code. Any unit that has been inspected and certified by the California Department of Housing and Community Development (HCD) is eligible.
Can I have both an ADU and a JADU on my property?

If the property is a single-family home, and is owner-occupied, yes. A property that can fit both an ADU and a JADU meeting all the relevant zoning standard is permitted to add one of each to the property. This option is not available for multi-family sites or investor-owned property because JADUs are only permitted in owner-occupied single-family properties based on the provisions of California State Law.
Can I have both an ADU and a Short-Term Vacation Rental (STR) Permit on my property?

Single-family home properties with ADUs and/or JADUs are not eligible to participate in the City’s Short-Term Vacation Rental Program – the ADU/JADU is intended to provide long-term housing for a household member, family, or tenant. Multi-family properties with ADUs may be eligible to participate in the City’s Short-Term Vacation Rental Program. Please contact the Planning Department’s STR staff member for further information. Short-Term Rentals
There is an existing unit on my property that was built without permits. Can it be legalized?

Yes, with the addition of Jr. ADUs as an option for Single-Family properties and ADUs now available on multi-family properties, nearly all existing unpermitted units are eligible for legalization through the City’s ADU legalization program. These units will need to be brought into compliance with current building, health and safety codes, and the City is working to facilitate this process for property owners in order to keep rental housing on the market. Information about the Legalization Program is available on our website.
What can I do to reduce the cost of my project?
There are many factors that can influence the cost of ADU construction, some will be unavoidable, and others can be greatly influenced by considering several factors at the beginning of your planning process. Below are several factors that can influence the cost of a project both in hard and soft construction costs as well as fees.

Type of Project
- Conversion ADUs are the least expensive option both in terms of permit fees and in terms of actual construction costs. Conversion of existing habitable space will be less expensive than the conversion of existing non-habitable space (such as a storage area or garage).
- Note that while the zoning definition of a Conversion ADU allows for full demolition and reconstruction, this type of project will trigger Building review as new construction, including the assessment of plan review and permit fees for a newly built, rather than remodeled, structure.
- Building your ADU as an addition to your existing home may be more cost effective than building a new stand-alone structure, but this will depend on the age and construction of your existing home.
- The size of your attached ADU can trigger the requirement for fire sprinklers – if the ADU exceeds 50% of the size of the habitable area of your existing home, your project may require the installation of fire sprinklers throughout the entire structure. If you are close to this threshold, consult with City Fire before finalizing the design of your project.
- Building a new, free-standing ADU is the most expensive type of ADU, both in terms of construction and in the permitting fees that will apply, but it may be the only or best option for your project depending on your site and your goals.
- Utilizing a manufactured home or prefab construction may be more cost effective, but make sure the product and its placement on your site can comply with local zoning and building codes.
- ADUs that are less than 750 square feet fall below the threshold for paying school impact fees (around $3.15/square foot).
Site planning
- Are you locating your ADU adjacent to an alley? Is the alley paved and in good condition? If not, you could be responsible for paving the portion of the alley abutting your property.
- Are you locating the ADU on a slope? The structure will need to be engineered more carefully and the project may be more expensive to construct.
- Do you plan to provide driving access for the occupant of the ADU (not required)? Adding additional paved area to your project (for a longer driveway) adds costs for materials as well as drainage considerations.
Do I need to notify my neighbors or have my ADU reviewed at a public hearing?

No. ADUs require only a building permit. Building permits do not require public notice and cannot be appealed. That said, providing courtesy notice to the residents of adjacent lots prior to the start of construction is neighborly.
Can my ADU/JADU have separate utility meters?

ADUs and JADUs that are completely independent from the main residential unit(s) may have separate utility meters (water, electricity, gas). To be completely independent, the ADU and/or JADU needs to a) have its own cooking facilities, b) have its own sanitation facilities, and c) contain no direct interior access to another unit. Check with the utility provider for more information on obtaining separate utility meters.
Does my ADU need a separate water meter/sewer connection?

ADUs created as Conversion ADUs or New Construction Attached ADUs are not required to install separate connections for water and sewer service but could in some cases exceed the capacity of the existing connection and trigger the need to up-size the existing meter. This circumstance could result in the need to open the street to upsize the water main, which would also trigger additional permits and fees. We recommend consulting with the Water Department early in your planning process to try to identify any issues that are likely to affect your project.

ADUs created as detached New Construction will almost always trigger the requirement for new water and sewer connections and the associated fees.
Will fire sprinklers be required in the ADU? Will adding an ADU trigger the requirement to add sprinklers to my existing home?

The state law currently prohibits the city from requiring fire sprinklers in an ADU when sprinklers are not present or required in the primary home. If you are building an attached ADU that is larger than 50% of the existing habitable space of your primary home (excluding any attached garage), the size of the addition could require that fire sprinklers be added to the entire structure – both the existing home and the new attached ADU. If you are close to the threshold, we recommend consulting with the City Fire Department about your project before submitting your building permit application.
Can I build more than one ADU?

Parcels that are developed with a single-family home can add both a New Construction ADU no more than 800 sf in size, and a Conversion ADU. If the property is owner-occupied a Jr. ADU is also allowed. (See page 19 of the current HCD ADU Handbook for more guidance.)

Parcels developed with multi-Family housing, including duplexes, triplexes, and other multi-family housing can add up to two new construction ADUs as well as Conversion ADUs (minimum of 1 and up to 25% of the number of existing units). Parcels that are developed with a single-family home and an existing ADU can add a Jr. ADU. Please note that, from a Building Code perspective, buildings or sites containing more than two dwelling units have different requirements than single- or two-family dwellings. Please consult a knowledgeable code professional when planning your project.
I own a duplex. Can I build an ADU?

Yes! You can add up to two new construction ADUs and at least one Conversion ADU created in existing non-livable space like a garage, storage area, or attic. Please note that, from a Building Code perspective, if the units are attached this would create a triplex/fourplex and will have different construction standards and building requirements than for a duplex. Please consult a knowledgeable code professional when planning your project.
I own and live in a townhome. Can I build a JADU?

If the townhome sits on a separate legal parcel you are entitled to build a JADU as well as a Conversion ADU on your parcel.

More FAQs

Contact Information

General questions and information about ADUs:

Call: (831) 420-5416
Email: planningcounter@cityofsantacruz.com

Have questions about legalizing your ADU or if your ADU is legal?

Call: Nancy Concepcion (831) 420-5112
Email: Nconcepcion@cityofsantacruz.com

Have questions about building codes and what applies to your existing or new ADU or permit?

Call: Building (831) 420-5417
Email: bcounter @cityofsantacruz.com