Phase Four
Permitting
- Understand what’s required in your permit application
- Know what to expect from application review
- Get started on your application
- Understand the types of fees you may need to pay
Timeline
The Permitting phase typically takes 1-6 months. Most ADU projects take 12-18 months to complete, but some extend to 24 months or more.
Can I renew my building permit if the project is delayed or paused?
Permits typically expire 1-2 years from date of issue but this will vary based on your location. Talk to City or County staff to find out.
Can my ADU be stopped because of other noncompliance issues on my property?
In most cases, state law no longer allows cities and counties to comment on pre-existing zoning issues unrelated to the ADU. For example, you should not receive comments about correcting the main house or a fence unrelated to the ADU, unless there is an obvious public safety issue.
What if I have a building code violation or unpermitted structure on my property?
State law says an ADU permit cannot be denied due to nonconforming zoning, building code violations or unpermitted structures unless there is a threat to public health or safety, and they are not affected by building the ADU.
What if I have an unpermitted ADU?
An unpermitted ADU can make it difficult to sell or refinance your property. If an unpermitted unit is discovered and is under construction, the county will issue a stop work order. If the building is complete, it will need an as-built permit, which has extra fees and requires substantial physical work on the building to assess the condition and details.
For unpermitted ADUs built before January 1, 2018, state law says a permit to legalize cannot be denied even if there is a violation of ADU laws or building standards, unless it is a “health and safety concern” or if the building is deemed “substandard” by state Health and Safety Code.
What permits are required for ADUs and JADUs?
All ADUs and JADUs require building permits in order to start construction. Other permits are required based on location, special zones, ADU type, and other conditions.
When do I show my designs to local Planning or Building staff?
Once you have a design established with your architect/designer, it’s a great idea to discuss it with City or County staff by visiting their permit counter, so they can point out any issues before you prepare your application. See our Worksheets for questions you might want to ask.
Questions about Special Zones
What if I’m in a high-fire severity area?
Wildfires are a reality throughout our state, which is why it is important to understand the risk in your area. If your property is in a Fire Hazard Severity Zone or Fire Protection District there may be additional requirements or reviews. Find out about your location (use this Fire Department and Protection Districts resource list) and talk to City or County staff early on to learn how where you live might impact your ADU.
State agencies have developed several resources and guidelines to help. View the Fire Severity Zone Map and plug your address into the Fire Hazard Severity Zone Tool to look up your property and identify your zone. Use the Homeowners Checklist and review the Disaster Ready Guide and Board of Forestry Code to make sure your ADU and property are fire safe.
What if I’m in a flood area?
Hazard requirements depend on property elevation and location and may factor into ADU plans. Contact City or County staff early on to see what additional requirements your team will need to include.
What if my property is in a historic district?
Properties in Historic Districts may require additional review for ADU projects and are very likely subject to design review for consistency with historic criteria. Contact City or County staff to confirm the process and submissions required for ADUs in historic districts.
Step by Step
Permitting Your ADU
Before you begin It’s helpful to discuss your project with City or County staff before submitting your application. While not required, doing so might save time later in the process. See the Contact page for contact information and check out our ADU Worksheets for help planning the meeting.
Permitting
Step 1
prepare your application package
Once your ADU plans are finalized, you and your designer or contractor will submit your application package for approval. Your team will lead the process to prepare an application package. Requirements will vary by location, but applications for typically include:
- Site plan (depicting existing and proposed structures)
- Building/architectural plans (floor plans, elevation plans, and details)
- Structural plans (foundation plan, framing plans, and associated details)
- Other items (Title 24 energy calculations, deed restriction, address assignment form, or other materials required by your location)
Talk to City or County staff for information on specific requirements.
Once your ADU plans are finalized, you and your designer or contractor will submit your application package for approval.
Permitting
Step 2
Submit your application
Submitting an application is typically different in every city or county. Some have online portals, and others ask that paper copies be submitted in-person. Some fees may be due when submitting your application, and some may be due later. Check with City or County staff for more details.
After your application is submitted, the first step will be for your local staff to review it for completeness. They will confirm your application is complete (meaning you correctly submitted all required materials and details) and then other departments and agencies will begin their review.
Permitting
Step 3
Revise your application
Staff will complete their review and provide any comments. Most likely, this review will happen at a staff level (no hearings), but in less common instances, an additional permit or public hearing may be required.
If modifications to your plan are required (at least one round of revisions is typical), your team will revise and resubmit the application. Under state law, agencies/departments reviewing your plans must provide a full set of comments with a list of incorrect items and how those can be fixed.
Permitting
Step 4
Recieve Permits
After your application is approved, staff will let you know that your permit is ready and how you can receive it. Once you have paid any remaining fees and you have your permit, you can begin construction. Permits generally must be displayed at the site.
Permit & Application Fees
ADUs can be charged a variety of fees from the City or County, the State, and other agencies. Some fees are based on the details of the project while others are fixed. Surprisingly, local governments do not control many of the most expensive fees, like school and water fees, which are assessed by other agencies and dependent on the size or location of your ADU.
The total amount of fees depends on your property and plans. Some fees based on valuation, some flat. All together, fees for ADUs typically fall in the $10,000-15,000 range when school district and impact fees are applicable or substantially less (as low as $1,000 but could be $7,000 or more) for smaller ADUs. Impact fees cannot be charged for ADUs under 750 square feet, so that is often a size cutoff for increased fees.
The fees listed below are often required, but the exact list of fees and when they are due will vary by location:
- Planning permit fees
- Plan check fees
- Building permit fees (generally due when your permit is issued)
- Other department fees (staff will let you know what applies to your project)
- School District fees (often only applies to ADUs over 500 SF)
- Development impact fees (only applies to ADUs 750 square feet or more)
- Utility and sanitation (contact utility agencies as you develop the design for your ADU for more information)
Estimating fees
The total amount of fees depends on your property and plans. Staff may be able to provide an estimate once you have a good idea of your project details.
