ADU Rules in San Jose, California

Complete guide to building an Accessory Dwelling Unit in San Jose — zoning, setbacks, permits, costs, and more.

Max Size: 1,200 sq ft Setbacks: 4 ft No Parking Required Updated: 2025-10-30
ADU Score: 8/10

San Jose has seen rapid ADU growth driven by Silicon Valley housing demand. The city follows CA state law closely and has added local incentives to encourage ADU construction.

Zoning & Size Requirements

Allowed ZonesAll residential zones (R-1, R-2, R-M, R-MH)
Max Size (Detached)1,200 sq ft
Max Size (Attached)1,200 sq ft or 50% of primary dwelling
Max Size (JADU)500 sq ft
Max Height25 ft for detached
Max Units1 ADU + 1 JADU

Setback Requirements

Rear Setback4 ft
Side Setback4 ft
Front SetbackPer underlying zone
Parking RequiredNo parking required
Owner OccupancyNot required
Min Lot SizeNo minimum

Permit Process & Fees

Approval ProcessMinisterial review
Review Timeline60 days
Permit Fees$4,000-$14,000
Impact FeesWaived for units under 750 sq ft
Plan CheckStandard review process
Pre-Approved PlansLimited pre-approved options available

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Construction Costs

Average Build Cost$180,000-$400,000
Cost per Sq Ft$250-$450
Garage Conversion$100,000-$220,000
Prefab ADU (Installed)$130,000-$300,000 (installed)

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Rental Income Potential

Avg Rent (1 Bedroom)$2,000-$2,800/mo
Avg Rent (2 Bedroom)$2,500-$3,500/mo
Short-Term RentalRestricted; requires transient occupancy tax registration
Est. Annual ROI5-9% annual return

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Recent Law Changes

What's Changed Recently

  • SB 1211 (Jan 2025): Multifamily ADU expansion
  • AB 1033 (2024): Separate sale provisions
  • City ADU fee reduction program (2024)
  • Expanded ADU resource center online (2024)

Tips for Building an ADU in San Jose

  • Silicon Valley rents make ADUs extremely profitable despite high build costs
  • Consider a prefab ADU to control costs in a high-cost labor market
  • ADU rental income can significantly offset your mortgage in San Jose
  • Check with the city's ADU resource center for the latest incentives

Frequently Asked Questions

Can I build an ADU in San Jose?

Yes. ADUs are allowed in All residential zones (R-1, R-2, R-M, R-MH) in San Jose. The maximum size for a detached ADU is 1,200 sq ft. No owner-occupancy is required.

How much does an ADU cost in San Jose?

ADU construction in San Jose typically costs $180,000-$400,000. Garage conversions run $100,000-$220,000, and prefab ADUs cost $130,000-$300,000 (installed).

How much can I rent an ADU for in San Jose?

Average ADU rents in San Jose are $2,000-$2,800/mo for a 1-bedroom and $2,500-$3,500/mo for a 2-bedroom unit.

Do I need parking for an ADU in San Jose?

No parking required. Check with San Jose planning department for the latest California ADU parking rules, as many states have relaxed requirements in recent years.

How long does it take to get an ADU permit in San Jose?

The permit review timeline in San Jose is 60 days. Fees range from $4,000-$14,000.

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