California ADU rules · San Diego County

Can I Build an ADU in Del Mar?

Yes — you can build an ADU in Del Mar. California's statewide ADU law requires every city, including Del Mar, 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 Del Mar'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

CA state law

1 ADU + 1 JADU

At least one ADU and one JADU per single-family lot (a conversion ADU may also be possible).

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

Units on a multifamily lot

Local rule

conversions (>=1 or 25% of units) + up to 2 detached

Local cap of 2 detached ADUs per multifamily lot; conversions per state.

DMMC §§ 30.91.040(B), 30.91.060

Junior ADU (JADU)

CA state law

Allowed

Up to 500 sq ft, within the walls of an existing single-family home (single-family lots only).

Cal. Gov. Code § 66333 (junior ADUs)

Size & height

Max detached ADU size

Local rule

1,000 sq ft

Detached ADUs: 850 sq ft (studio/1-bed), 1,000 sq ft (2+ beds); at least one 800 sq ft ADU always allowed.

DMMC § 30.91.040(G)

Max attached ADU size

Local rule

50% of primary, >=800 (if primary <1,600 sq ft, max 800)

Attached ADU max: 50% of primary dwelling, not less than 800 sq ft.

DMMC § 30.91.040(G)(2), (5)

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

Local rule

16 ft

Detached ADUs: 16 ft max; state exceptions for transit/multistory apply.

DMMC § 30.91.060(C)(2)

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

CA state law

Not required

When a garage/carport is demolished or converted to build an ADU, replacement parking cannot be required.

Cal. Gov. Code § 66314 (local ordinance standards)

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

No owner-occupancy for ADUs until 2025; after 1/1/2025, owner must reside in primary, ADU, or JADU if both present. JADUs always require owner-occupancy.

DMMC § 30.91.040(E)(ii)-(iii)

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

Local rule

Building permit, Administrative Coastal Development Permit (if in coastal zone)

Coastal zone ADUs require additional administrative permit.

DMMC § 30.91.030

Del Mar-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 in VHFHSZ must demonstrate two evacuation routes or equivalent safety measures.

Coastal Zone

ADUs in the coastal zone may require extra setbacks, geotechnical reports, and must comply with the Local Coastal Program; some areas (beach, wetland, bluff, scenic) are prohibited.

Historic/HPOZ

ADUs on historic properties must comply with Secretary of the Interior Standards.

Hillside/Steep Slope

ADUs not allowed on or overhanging steep slopes; must be set back 20 ft from top and 10 ft from bottom of steep slopes.

Del Mar limits detached ADUs to 1,000 sq ft (2+ beds) or 850 sq ft (studio/1-bed), and allows only 2 detached ADUs on multifamily lots. Coastal, fire, historic, and hillside overlays impose significant additional restrictions.

Frequently asked questions

Can I build an ADU in Del Mar?

Yes. California's statewide ADU law requires Del Mar 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 Del Mar?

A detached ADU of at least 1,000 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 Del Mar?

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 Del Mar?

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 Del Mar?

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 Del Mar?

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

Sources

  • Del Mar Municipal Code (DMMC) Chapter 30.91, Ord. No. 1002 (12-18-2023), Ord. No. 1017 (5-19-2025)
  • DMMC §§ 30.91.040(B), 30.91.060
  • DMMC § 30.91.040(G)
  • DMMC § 30.91.040(G)(2), (5)
  • DMMC § 30.91.060(C)(2)
  • DMMC § 30.91.040(E)(ii)-(iii)
  • DMMC § 30.91.030
  • DMMC §§ 30.91.040, 30.91.060
  • 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 § 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 Del Mar'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 Del Mar Planning before relying on it.

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