California ADU rules · Contra Costa County

Can I Build an ADU in Orinda?

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

up to 2 detached ADUs (if proposed multifamily), or up to 8 detached ADUs (if existing multifamily), not to exceed the number of existing units; up to 25% of existing units as conversion ADUs

Local cap on detached ADUs for multifamily: 2 for proposed, 8 for existing multifamily buildings.

OMC § 17.3.4.B(2)-(5)

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

CA state law

1,200 sq ft

Statewide default cap for detached new-construction ADUs in the absence of a compliant local ADU ordinance. The unconditional by-right floor a city must always allow is 800 sq ft (see Guaranteed minimum size); a city with a compliant ordinance may set its own ceiling.

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

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

Local rule

Up to 1 space

1 off-street space per ADU required unless exempt; may be tandem or in setbacks.

OMC § 17.3.4.C(4)(e)

Transit parking exemption

Local rule

Yes — no parking required near transit & for conversions

No parking required if within 1/2 mile of public transit or other listed exemptions.

OMC § 17.3.4.C(4)(e)

Garage-conversion replacement parking

Local rule

Not required

No replacement parking required for garage/carport conversions.

OMC § 17.3.4.G

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

CA state law

Building permit

Only a ministerial building permit — no conditional use permit or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Orinda-specific factors that can change the answer

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

Moraga-Orinda Fire Protection District (MOFD) standards

ADUs must comply with MOFD fire safety standards; sprinklers not required unless primary dwelling requires them.

Historic district parking exemption

ADUs in historic districts are exempt from parking requirements.

Orinda caps by-right detached ADUs at 800 sq ft, with larger sizes only allowed outside the streamlined path. Multifamily lots are limited to 2 or 8 detached ADUs depending on building status, and ADUs must comply with local fire district standards.

Frequently asked questions

Can I build an ADU in Orinda?

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

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 Orinda?

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 Orinda?

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 Orinda?

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 Orinda?

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

Sources

  • Orinda Municipal Code § 17.3.4 (Accessory Dwelling Units), last amended by Ord. No. 25-02, § 2(Att. A), 5-20-25
  • OMC § 17.3.4.B(2)-(5)
  • OMC § 17.3.4.C(4)(e)
  • OMC § 17.3.4.G
  • OMC § 17.3.4.B(2)(ii), (d), (e)
  • 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 § 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 Orinda'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 Orinda Planning before relying on it.

Will an ADU work on your Orinda lot?

Ask GoCodebook about your address and get the size, setback, parking and permit rules that actually apply to your parcel — with the exact citation.

Check my parcel free

Related