Bay Area region / California
San Jose ADU rules
& permit guide.
San Jose allows ADUs on residential properties, including single-family, duplex and multifamily sites. Start with the city's ADU Universal Checklist to identify the path for your property. Preapproved plans are another option, with separate site review still required.
Editorial review 2026-09-07 · View sources
The local detail to check first
Before you choose a design
San Jose’s checklist separates City and State development standards. Choose a complete set; the city says the standards cannot be mixed. Hazard zones also affect eligibility for the preapproved program.
Local requirements at a glance
Min/max ADU size
Use the city source for the size standard that matches your ADU type and approval path.
Height
Confirm height with the city; building type, approval path and transit location can matter.
Setbacks
Confirm side, rear and front setbacks, plus access and fire requirements, using the city source.
Parking
Confirm the applicable parking exemption with the city. HCD's current handbook explains the state exemptions and replacement-parking rules.
Process
Use the city's Universal Checklist to review your property and ADU type. Compare a custom design with the city's preapproved-plan options. Confirm site documents and the permit submission process with Development Services; use SJPermits to check jurisdiction and property designations.
Your next three steps
- Use the city's Universal Checklist to review your property and ADU type.
- Compare a custom design with the city's preapproved-plan options.
- Confirm site documents and the permit submission process with Development Services; use SJPermits to check jurisdiction and property designations.
2026 state-law context
ADUs and JADUs have different occupancy rules
California generally prohibits local owner-occupancy requirements for ADUs. A narrow exception applies to certain separately sold affordable ADUs. For JADUs, owner occupancy generally applies when the bathroom is shared with the main home; separate-bathroom JADUs are treated differently under 2026 law. Check the HCD handbook and your project's permit conditions.
Older local summaries may not reflect the latest state changes. Read HCD’s March 2026 handbook, pages 32–33.
Questions for your first planning conversation
- Which approval path applies to my building and ADU type?
- Do easements, trees, slope, access or fire conditions affect placement?
- Which utility upgrades and agency reviews should be included in my budget?
- Are preapproved plans available, and what site work still needs review?