California ADU rules · San Mateo County

Can I Build an ADU in Menlo Park?

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

Maximum of three units total (primary + ADU + JADU); only one JADU or one attached/interior ADU allowed, not both

§ 16.79.050(a)

Units on a multifamily lot

Local rule

At least one ADU within existing non-livable space, up to 25% of existing units as ADUs; up to two detached ADUs per lot

§ 16.79.090(a)-(b)

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

Local maximum for detached ADUs is 1,000 sq ft; no more than two bedrooms

§ 16.79.030(b), § 16.79.050(c), § 16.79.060(b)

Max attached ADU size

Local rule

Greater of 1,000 sq ft or 50% of the existing primary dwelling’s floor area; no more than two bedrooms

§ 16.79.030(a), § 16.79.050(b)(3)

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

Local rule

Same as required for primary dwelling

§ 16.79.060(c)-(d)

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

Local rule

Up to 1 space

1 off-street space per ADU; JADUs exempt

§ 16.79.080(a)-(b)

Transit parking exemption

Local rule

Yes — no parking required near transit & for conversions

No parking required if within ½ mile of transit, in historic district, interior ADU, or within 1 block of car share

§ 16.79.080(b)

Garage-conversion replacement parking

Local rule

Not required

No replacement parking required for garage conversions

§ 16.79.080(c)

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

§ 16.79.070(b), § 16.79.120

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, ADU/JADU checklist

Checklist must be submitted with application

§ 16.79.100

Menlo Park caps detached ADUs at 1,000 sq ft and allows only two detached ADUs on multifamily lots. Setbacks and height limits are stricter for detached ADUs over 800 sq ft, and owner-occupancy is required only for JADUs.

Frequently asked questions

Can I build an ADU in Menlo Park?

Yes. California's statewide ADU law requires Menlo Park 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 Menlo Park?

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 Menlo Park?

Side and rear setbacks are limited to 4 ft. Same as required for primary dwelling.

Is parking required for an ADU in Menlo Park?

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 Menlo Park?

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 Menlo Park?

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

Sources

  • Menlo Park Municipal Code Chapter 16.79 (Accessory Dwelling Units), Ord. 1066 (2020), Ord. 1096 (2023)
  • § 16.79.050(a)
  • § 16.79.090(a)-(b)
  • § 16.79.030(b), § 16.79.050(c), § 16.79.060(b)
  • § 16.79.030(a), § 16.79.050(b)(3)
  • § 16.79.060(c)-(d)
  • § 16.79.080(a)-(b)
  • § 16.79.080(b)
  • § 16.79.080(c)
  • § 16.79.070(b), § 16.79.120
  • § 16.79.100
  • 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 § 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 Menlo Park'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 Menlo Park Planning before relying on it.

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