California ADU rules · San Mateo County

Can I Build an ADU in Brisbane?

Yes — you can build an ADU in Brisbane. California's statewide ADU law requires every city, including Brisbane, to approve a qualifying accessory dwelling unit by right, plus a junior ADU (JADU) on a single-family lot. What varies city to city are the local specifics below.

Figures below reflect Brisbane's adopted ADU ordinance layered on California state law.

Can you build one?

ADUs allowed

CA state law

Yes — by right

ADUs and JADUs are allowed by right in all residential and mixed-use zones; ministerial approval, no hearing.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Units on a single-family lot

Local rule

1 ADU (detached or attached) + 1 JADU; max 4 total units if urban lot split or two-unit development (SB 9) applies

SB 9 overlay may further limit total units to 4 on a single lot

§17.43.070(B) & Table; §17.43.060(D)(2)

Units on a multifamily lot

Local rule

Conversions: up to 25% of existing units (minimum 1); Detached: up to 8, but not to exceed number of existing main units; JADUs not allowed

Detached ADUs capped at number of main units; JADUs prohibited on multifamily lots

§17.43.050(B)(1)-(2); §17.43.070(B)

Junior ADU (JADU)

Local rule

Allowed

JADUs allowed only on single-family lots

§17.43.060(E)(1)

Size & height

Max detached ADU size

CA state law

1,200 sq ft

Statewide default cap for detached new-construction ADUs in the absence of a compliant local ADU ordinance. The unconditional by-right floor a city must always allow is 800 sq ft (see Guaranteed minimum size); a city with a compliant ordinance may set its own ceiling.

Max attached ADU size

CA state law

50% of the primary dwelling, but ≥850 sq ft (≥1,000 sq ft for 2+ bedrooms) is always allowed

Cal. Gov. Code § 66321 (size minimums & height)

Guaranteed minimum size

CA state law

800 sq ft

An 800 sq ft ADU must be allowed regardless of FAR/lot-coverage caps; a city also cannot cap an attached ADU below 850 sq ft (1,000 for 2+ bedrooms).

Cal. Gov. Code § 66321 (size minimums & height)

Max JADU size

CA state law

500 sq ft

Cal. Gov. Code § 66333 (junior ADUs)

Max height

CA state law

16 ft

16 ft baseline; cities must allow 18 ft within ½ mi of a major transit stop or where the primary dwelling is two-story, and 20 ft on a lot with a multistory multifamily building.

Cal. Gov. Code § 66321 (size minimums & height)

Setbacks

Side setback

CA state law

4 ft

A city cannot require more than 4 ft side or rear setback; conversions of existing structures are exempt.

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Rear setback

CA state law

4 ft

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Front setback

CA state law

No front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Separation from main house

CA state law

None required

No statewide separation requirement between the ADU and the primary dwelling.

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Parking

Parking required

CA state law

Up to 1 space

At most 1 space per ADU (or per bedroom, whichever is less) — and waived in the common cases below.

Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)

Transit parking exemption

CA state law

Yes — no parking required near transit & for conversions

No parking may be required within ½ mi walking distance of transit, in a historic district, for an ADU within an existing structure, within one block of car-share, or in certain permit-parking areas.

Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)

Garage-conversion replacement parking

Local rule

Not required

No replacement parking required for garage/carport conversions

§17.43.040(M)(1); §17.43.060(J)(1)

Approval, timeline & cost

Approval path

CA state law

Ministerial (by right)

No public hearing or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Approval timeline

CA state law

60 days

The agency must act within 60 days of a complete application — and the ADU is deemed approved if it does not.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Owner-occupancy

Local rule

Only for a JADU

Owner-occupancy required only for JADUs

§17.43.060(H)

Impact-fee waiver

CA state law

Waived under 750 sq ft

An ADU of 750 sq ft or less pays no impact fees (the 750 sq ft threshold itself is exempt under § 66311.5); larger ADUs pay fees proportional to the primary dwelling. JADUs (≤ 500 sq ft) are exempt.

Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)

Permits required

CA state law

Building permit

Only a ministerial building permit — no conditional use permit or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Brisbane-specific factors that can change the answer

State law sets the floor, but these local conditions often decide whether a specific parcel works.

Very High Fire Hazard Severity Zone (VHFHSZ)

ADUs/JADUs must comply with all applicable building, health, and fire codes; sprinklers required only if main dwelling requires them

Brisbane caps detached ADUs at 800 sq ft and prohibits JADUs on multifamily lots. Detached ADU height is 16 ft, or 18 ft for multistory multifamily or near transit. No replacement parking is required for garage conversions.

Frequently asked questions

Can I build an ADU in Brisbane?

Yes. California's statewide ADU law requires Brisbane to approve a qualifying accessory dwelling unit ministerial (by right), plus a junior ADU (JADU) on a single-family lot.

How big can an ADU be in Brisbane?

A detached ADU of at least 1,200 sq ft must be allowed, and an ADU of 800 sq ft can never be zoned out by floor-area or lot-coverage limits. A JADU can be up to 500 sq ft.

What are the setback requirements for an ADU in Brisbane?

Side and rear setbacks are limited to 4 ft. No front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone.

Is parking required for an ADU in Brisbane?

Up to 1 space. No parking can be required within ½ mile of transit, for conversions, or for units inside the primary home. When a garage is converted, replacement parking is not required.

How long does ADU approval take in Brisbane?

A complete application must be acted on within 60 days, with ministerial (by right) — no public hearing or discretionary design review for a qualifying ADU.

Do I have to live on the property to build an ADU in Brisbane?

Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.

Sources

  • Brisbane Municipal Code Chapter 17.43 (Ord. No. 700, last amended 10-2-25)
  • §17.43.070(B) & Table; §17.43.060(D)(2)
  • §17.43.050(B)(1)-(2); §17.43.070(B)
  • §17.43.060(E)(1)
  • §17.43.040(M)(1); §17.43.060(J)(1)
  • §17.43.060(H)
  • §17.43.040(P)(1); §17.43.060(L)(1)
  • Cal. Gov. Code §§ 66310–66342 (ADU Law)
  • HCD 2025 Accessory Dwelling Unit Handbook
  • Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)
  • Cal. Gov. Code § 66321 (size minimums & height)
  • Cal. Gov. Code § 66333 (junior ADUs)
  • Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)
  • Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)
  • Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)

Last updated 2026-06-25. This is an AI-assisted summary of Brisbane's ADU rules, drawn from its published ordinance and California ADU law — general information, not legal advice, and it may be incomplete or out of date. Verify the controlling rule for your specific parcel with Brisbane Planning before relying on it.

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