California ADU rules · Contra Costa County
Can I Build an ADU in Danville?
Yes — you can build an ADU in Danville. California's statewide ADU law requires every city, including Danville, 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.
Can you build one?
ADUs allowed
CA state lawYes — by right
ADUs and JADUs are allowed by right in all residential and mixed-use zones; ministerial approval, no hearing.
Units on a single-family lot
Local rule1 ADU + 1 JADU (or up to 3 added units: 1 interior ADU + 1 JADU + 1 detached ADU ≤ 800 sq ft)
Two added units = one attached or detached ADU + one JADU. Three added units = one interior ADU (within or converted from the home) + one JADU + one detached ADU not exceeding 800 sq ft.
Units on a multifamily lot
CA state lawConversion ADUs (≥1, up to 25% of units) + up to 8 detached
Conversions of non-livable space (at least 1, or up to 25% of existing units) plus up to 8 detached ADUs on a lot with existing multifamily — never exceeding the number of existing units. JADUs are single-family only.
Junior ADU (JADU)
CA state lawAllowed
Up to 500 sq ft, within the walls of an existing single-family home (single-family lots only).
Size & height
Max detached ADU size
Local rule1,200 sq ft
1,200 sq ft maximum for a detached ADU in residential districts with a minimum lot size under 40,000 sq ft. On lots in a district requiring a 40,000 sq ft minimum lot size or larger (Danville's large hillside/estate lots), the maximum rises to 2,000 sq ft. 800 sq ft is the protected by-right floor, not Danville's detached cap.
Max attached ADU size
Local rule1,200 sq ft and ≤ 50% of the primary dwelling, but a 850 sq ft (or 1,000 sq ft if 2+ bedrooms) ADU is always allowed; 2,000 sq ft on ≥ 40,000 sq ft-minimum lots
Attached ADU is capped at 1,200 sq ft and 50% of the existing/proposed primary residence, with the state-protected 850/1,000 sq ft minimum always guaranteed. On lots zoned for a 40,000 sq ft minimum, the cap is 2,000 sq ft (still ≤ 50% of the primary).
Guaranteed minimum size
CA state law800 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).
Max JADU size
CA state law500 sq ft
Max height
Local rule16 ft
16 ft for a detached ADU; 18 ft (+ 2 ft for roof pitch matching the primary dwelling, so 20 ft max) within ½ mi of a major transit stop or high-quality transit corridor; up to 24 ft if the ADU meets the primary dwelling's setbacks. Attached ADUs may reach 25 ft, or the primary dwelling's height limit if primary-residence setbacks are met.
Setbacks
Side setback
CA state law4 ft
A city cannot require more than 4 ft side or rear setback; conversions of existing structures are exempt.
Rear setback
CA state law4 ft
Front setback
CA state lawNo front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone
Separation from main house
CA state lawNone required
No statewide separation requirement between the ADU and the primary dwelling.
Parking
Parking required
CA state lawUp to 1 space
At most 1 space per ADU (or per bedroom, whichever is less) — and waived in the common cases below.
Transit parking exemption
CA state lawYes — 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.
Garage-conversion replacement parking
CA state lawNot required
When a garage/carport is demolished or converted to build an ADU, replacement parking cannot be required.
Approval, timeline & cost
Approval path
CA state lawMinisterial (by right)
No public hearing or discretionary design review for a qualifying ADU.
Approval timeline
CA state law60 days
The agency must act within 60 days of a complete application — and the ADU is deemed approved if it does not.
Owner-occupancy
CA state lawOnly for a JADU
No owner-occupancy requirement for ADUs (the prior sunset was removed). A JADU may require owner-occupancy, principally where it shares sanitation with the main house.
Impact-fee waiver
CA state lawWaived 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.
Permits required
Local ruleBuilding permit (ministerial review)
Ministerial review for ADUs consistent with the chapter's objective standards; an ADU/JADU that does NOT meet the objective design/development standards is routed to an Administrative (noticed) review instead. ADUs of 800 sq ft or less are exempt from local development standards beyond Gov. Code § 66323 (§ 32-76.13). The chapter also imposes an objective exterior-design-compatibility standard (matching paint colors, siding, and roof materials).
Danville-specific factors that can change the answer
State law sets the floor, but these local conditions often decide whether a specific parcel works.
Scenic Hillside / Major Ridgeline & large-lot context
Danville has extensive hillside and major-ridgeline terrain and large (≥ 40,000 sq ft minimum) estate lots, where the detached/attached ADU size cap rises to 2,000 sq ft. The 2025 ordinance does NOT bar ADUs in hillside areas (the Town declined an HOA request to do so), but hillside lots still face the usual grading, fire, and drainage review at building-permit stage.
State Responsibility / High & Very High Fire Hazard Severity Zones
ADUs in State-designated high or very high fire hazard severity zones must comply with California Building Code fire-hardening standards; building permits are routed to the San Ramon Valley Fire Protection District for review.
CC&Rs void if they restrict ADUs
Covenants, conditions and restrictions (including those of Danville HOAs such as Montair) that prohibit or unreasonably restrict an ADU or JADU are void and unenforceable under § 32-76.17 — mirroring state law.
Danville repealed and replaced its ADU chapter in 2025 (Ord. 2025-04 / ZTA25-0003) to comply with HCD comments, dropping the old owner-occupancy requirement and single-ADU cap. The current Ch. 32-76 tracks state law and adds local specifics: detached/attached ADUs up to 1,200 sq ft on standard lots and up to 2,000 sq ft on the Town's large (≥ 40,000 sq ft-minimum) hillside/estate lots, an objective exterior-design-compatibility standard, ministerial review for compliant units (administrative review otherwise), and a 31-day minimum rental term. ADUs of 800 sq ft or less are exempt from local development standards beyond Gov. Code § 66323. Verify hillside/fire-zone review and the JADU owner-occupancy deed restriction with Danville Planning.
Frequently asked questions
Can I build an ADU in Danville?
Yes. California's statewide ADU law requires Danville 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 Danville?
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 Danville?
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 Danville?
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 Danville?
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 Danville?
Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.
Sources
- Danville Mun. Code § 32-76 (Ord. 2025-04 / ZTA25-0003)
- Danville Mun. Code § 32-76.6.e / § 32-76.7.e
- Danville Mun. Code § 32-76.7.d (detached, SFR)
- Danville Mun. Code § 32-76.6.d (attached, SFR)
- Danville Mun. Code § 32-76.7.c (detached, SFR)
- Danville Mun. Code § 32-76.3 / § 32-76.5
- Danville Mun. Code § 32-76.6/.7 (size); Ord. 2025-04 staff report
- Danville Ord. 2025-04 staff report (fire review)
- Danville Mun. Code § 32-76.17
- 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 § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)
- Cal. Gov. Code § 66333 (junior ADUs)
- Cal. Gov. Code § 66321 (size minimums & height)
- Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)
- Cal. Gov. Code § 66314 (local ordinance standards)
- Cal. Gov. Code § 66315 (owner-occupancy)
- Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)
Last updated 2026-06-28. This is an AI-assisted summary of Danville'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 Danville Planning before relying on it.
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