California ADU rules · Monterey County
Can I Build an ADU in Del Rey Oaks?
Yes — you can build an ADU in Del Rey Oaks. California's statewide ADU law requires every city, including Del Rey Oaks, 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 ruleUp to 2 ADUs (1 conversion + 1 new detached) + 1 JADU
Allows both a conversion ADU and a new detached ADU on a single-family lot, plus 1 JADU.
Units on a multifamily lot
Local ruleConversions: up to 25% of units (rounded up if 0.5 or more, min 1); up to 2 detached ADUs per lot
Detached ADUs on multifamily lots capped at 2 per lot, not 8.
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
1,000 sq ft for studio/1-bed; 1,200 sq ft for 2+ bedrooms.
Max attached ADU size
Local rule1,000 sq ft for studio/1-bed; 1,200 sq ft for 2+ bedrooms
Same size limits as detached ADUs.
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
Single-story ADUs max 16 ft; two-story attached ADUs may exceed with architectural permit, up to zoning district height.
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
Local ruleNo specific front setback for ADUs; general zoning applies unless conversion (then no setback required)
Conversions may have zero setback; otherwise, base zone applies.
Separation from main house
CA state lawNone required
No statewide separation requirement between the ADU and the primary dwelling.
Parking
Parking required
Local ruleUp to 1 space
1 space per ADU or per bedroom (whichever is less); JADUs require no parking.
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
Local ruleNot required
No replacement required for garage/carport/covered parking converted to ADU.
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
CA state lawBuilding permit
Only a ministerial building permit — no conditional use permit or discretionary design review for a qualifying ADU.
Del Rey Oaks limits detached ADUs to 1,200 sq ft (2+ beds) and allows only 2 detached ADUs on multifamily lots. Two-story attached ADUs may exceed 16 ft with an architectural permit.
Frequently asked questions
Can I build an ADU in Del Rey Oaks?
Yes. California's statewide ADU law requires Del Rey Oaks 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 Rey Oaks?
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 Del Rey Oaks?
Side and rear setbacks are limited to 4 ft. No specific front setback for ADUs; general zoning applies unless conversion (then no setback required).
Is parking required for an ADU in Del Rey Oaks?
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 Rey Oaks?
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 Rey Oaks?
Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.
Sources
- Del Rey Oaks Municipal Code, Chapter 17.70 (Ord. No. 308, § 2, 10-26-2021)
- §17.70.050(A)(2)
- §17.70.050(D)(1)
- §17.70.050(C)
- §17.70.050(E)
- §17.70.050(F)
- §17.70.050(F)(5)
- 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 § 66333 (junior ADUs)
- Cal. Gov. Code § 66321 (size minimums & height)
- 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 § 66315 (owner-occupancy)
- Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)
Last updated 2026-06-25. This is an AI-assisted summary of Del Rey Oaks'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 Rey Oaks Planning before relying on it.
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