CaliforniaSB 5432025-2026 Regular SessionSenateWALLET

Development permits.

Sponsored By: Jerry McNerney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

Legalize pre‑2020 ADUs with fee relief

If your ADU or junior ADU was built before January 1, 2020, the city cannot deny a permit just for code or ADU rule violations. The agency must inspect for safety, give you fix recommendations, and cannot penalize you for the past unpermitted unit. The agency must approve permits needed to fix issues, unless the building is unsafe under Health and Safety Code Section 17920.3. You do not pay impact fees or connection/capacity charges to legalize these units, unless utility upgrades are required to meet Section 17920.3 and a specific law allows the fee. Cities must post clear checklists and tell owners they can get a confidential third‑party code inspection first.

Bigger ADUs with clear size rules

You can build an ADU with at least 800 square feet of interior livable space and 4‑foot side and rear setbacks, even if local coverage or lot‑size rules would block it. Local maximums cannot be below 850 square feet, or below 1,000 square feet if the ADU has more than one bedroom. Minimum heights must be allowed: at least 16 feet for most detached ADUs, and at least 18 feet near major transit or for certain multifamily lots; attached ADUs can be up to 25 feet or the main house limit, whichever is lower, without forcing more than two stories. Cities can set size ranges only within these state limits and cannot use minimum‑size rules to ban efficiency units. Sizes are based on interior livable space.

Faster, no‑hearing ADU and JADU permits

ADU and junior ADU permits are reviewed ministerially, with no hearing. Within 15 business days, the agency must say in writing if your application is complete or list what is missing; if it misses the deadline, your application is deemed complete. The agency must approve or deny a complete ADU application within 60 days, or it is deemed approved. Denials must include written comments on how to fix problems, and appeals must get a final written decision within 60 business days. These rules apply even if your city has no local ADU or JADU ordinance, and other local rules cannot be used to delay or deny an ADU.

More ADU types get easy approval

Cities must approve several ADU types ministerially in residential or mixed‑use zones. This includes one ADU and one junior ADU on single‑family lots, detached ADUs with 4‑foot side and rear setbacks, ADUs within or next to the main home, and ADUs in or next to multifamily buildings (with unit caps). If your ADU qualifies for ministerial approval, the city cannot add extra objective design or development standards beyond what state law allows. The city also cannot make you fix other nonconforming zoning issues on your lot as a condition of approval.

State rules override and enforce ADU law

State ADU rules control when local rules conflict. Local agencies must send their ADU/JADU ordinances to state housing officials within 60 days. The state can review and require a response within 30 days; if the agency does not fix issues, the Attorney General may be notified. If a city fails to submit or respond, its ordinance is void and state standards apply. The state can also issue guidelines to clarify how cities must implement this law.

ADUs cannot be short‑term rentals

Any ADU built under this law can only be rented for more than 30 days. Short‑term rentals of 30 days or less are not allowed for these units.

Lower ADU fees, fair utility charges

No impact fees apply to ADUs of 750 square feet or less and junior ADUs of 500 square feet or less. Larger ADUs may pay impact fees, but fees must be proportional to the main home’s size. Most ADUs are not treated as a new home for utility connection or capacity fees, and units built within existing space cannot be forced to add a new utility connection or pay related charges. For other ADUs, utilities may require a new or separate connection, but fees must match the added burden and stay within reasonable cost of service. Very small units under 500 square feet do not add a 500‑square‑foot increase for school facility assessments. Cities may charge reasonable fees to cover their ADU program and ordinance costs.

Practical safety rules for ADUs

If your main home does not need sprinklers, you do not have to add them for an ADU or junior ADU. Building an ADU also does not trigger sprinklers in an existing multifamily building that did not need them before. If your ADU will use a septic system, the city can require a percolation test done within the last five years or a test recertified within the last 10 years.

Sponsors & Cosponsors

Sponsor

Jerry McNerney
Democratic • Senate

Cosponsors

Jesse ArreguÃn
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 208 • No: 0

Senate vote • 9/2/2025

Item 174 — Senate SFLOOR

Yes: 40 • No: 0

House vote • 8/28/2025

Item 112 — Assembly AFLOOR

Yes: 75 • No: 0

legislature vote • 8/20/2025

Vote in CX25

Yes: 15 • No: 0

legislature vote • 7/16/2025

Vote in CX15

Yes: 10 • No: 0

legislature vote • 6/18/2025

Vote in CX10

Yes: 11 • No: 0

Senate vote • 5/27/2025

Item 220 — Senate SFLOOR

Yes: 39 • No: 0

legislature vote • 4/30/2025

Vote in CS82

Yes: 7 • No: 0

legislature vote • 4/22/2025

Vote in CS75