§ 66320 Accessory Dwelling Unit Approval

Key Takeaways

•If your city doesn’t have its own rules for building small extra homes (like a backyard cottage), they must approve or deny your permit quickly—within 60 days.
•If you apply to build a small extra home at the same time as a new main house, the city can wait to decide on the extra home until they decide on the main house—but they still can’t say no without a good reason.
•If the city doesn’t give you an answer in 60 days, your permit is automatically approved.
•If the city says no, they must tell you in writing exactly what’s wrong and how to fix it.

Example

You want to build a small backyard cottage (an accessory dwelling unit) on your property where you already have a house.

You submit a permit to the city. If the city doesn’t have its own special rules for these cottages, they have to approve or deny your permit within 60 days. If they don’t respond in time, your permit is automatically approved, and you can start building.

(a) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

Key Takeaways

•If your city doesn’t have its own rules for building small extra homes (like a backyard cottage), they must approve or deny your permit quickly—within 60 days.
•If you apply to build a small extra home at the same time as a new main house, the city can wait to decide on the extra home until they decide on the main house—but they still can’t say no without a good reason.
•If the city doesn’t give you an answer in 60 days, your permit is automatically approved.
•If the city says no, they must tell you in writing exactly what’s wrong and how to fix it.

Example

You want to build a small backyard cottage (an accessory dwelling unit) on your property where you already have a house.

Key Takeaways

Example

Key Terms

References

§ 66320 Accessory Dwelling Unit Approval

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References