California ADU rules · Kern County

Can I Build an ADU in McFarland?

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

CA state law

Conversion 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.

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

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

1,200 sq ft

McFarland sets the detached new-construction ADU maximum at 1,200 sq ft (equal to the statewide default). 800 sq ft is the state-protected by-right floor, not McFarland's maximum.

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

Local rule

4 ft

Interior side and rear yard setbacks are 4 ft (the state cap), but McFarland requires 6 ft for a CORNER side or corner rear yard for emergency access and intersection sight lines. Conversions in the same location/dimensions keep the existing setback.

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

CA state law

Only 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.

Cal. Gov. Code § 66315 (owner-occupancy)

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

Administrative Permit (Ch. 17.160), Building permit

McFarland requires a ministerial Administrative Permit (per Ch. 17.160) in addition to the building permit; review and action remain ministerial within the 60-day state deadline. Kern County Fire Department clearance — and Kern County Public Health clearance for parcels on private septic — is required before building-permit issuance.

McFarland-specific factors that can change the answer

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

FEMA flood hazard area

An ADU within a FEMA Special Flood Hazard Area (1% annual shallow-flooding chance) must comply with McFarland Mun. Code Ch. 15.12 (Floodplain Management) and provide a Flood Certification before building-permit issuance.

Private septic / Kern County clearances

ADUs not served by the City wastewater system must obtain clearance from the Kern County Public Health Services Department, and all ADUs need Kern County Fire Department clearance, before a building permit is issued.

30-day minimum rental + solar requirement

ADUs may not be rented for fewer than 30 days. A newly constructed, non-manufactured detached ADU is subject to the California Energy Code solar-system requirement (panels may sit on the ADU or the primary dwelling); conversions and additions to existing space are exempt.

McFarland regulates ADUs under Municipal Code § 17.136.150 (Ord. 1-2024), allowing them ministerially in all residential and mixed-use zones. Standards largely track state law, with a few local specifics: a ministerial Administrative Permit (Ch. 17.160) on top of the building permit, a 1,200 sq ft detached cap, 6-ft setbacks on corner side/rear yards (4 ft otherwise), a 30-day minimum rental term, and Kern County Fire (and, on septic, Public Health) clearances plus flood certification before permit issuance. Owner-occupancy is not required for an ADU. McFarland also offers Kern County pre-approved detached ADU plans. Confirm county clearances and flood-zone status with McFarland Community Development.

Frequently asked questions

Can I build an ADU in McFarland?

Yes. California's statewide ADU law requires McFarland 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 McFarland?

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 McFarland?

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 McFarland?

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 McFarland?

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 McFarland?

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

Sources

Last updated 2026-06-28. This is an AI-assisted summary of McFarland'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 McFarland Planning before relying on it.

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