California ADU rules · Orange County
Can I Build an ADU in Westminster?
Yes — you can build an ADU in Westminster. California's statewide ADU law requires every city, including Westminster, 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 rule1 ADU and 1 JADU allowed if both are within existing/proposed space of the single-family dwelling or accessory structure; otherwise, only one (ADU or JADU) per lot
Both ADU and JADU only if both are conversions within existing/proposed space
Units on a multifamily lot
Local ruleConverted ADUs: at least 1, up to 25% of existing units from non-livable space; Detached ADUs: up to 8, not to exceed number of existing units
Detached ADUs capped at number of existing units, max 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
CA state law1,200 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
Local rule1,200 sq ft or 50% of primary dwelling living area, whichever is less; must allow at least 850 sq ft (1 bed) or 1,000 sq ft (2+ beds)
Stricter than state for attached ADUs above state minimums
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
CA state law16 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.
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
CA state lawNo front setback may block the mandatory 800 sq ft / 16-ft / 4-ft-setback ADU; otherwise per base zone
Separation from main house
Local rule6 ft
6 ft min between new detached ADU and primary dwelling/accessory structures (single-family); 10 ft from other dwellings on multifamily lots
Parking
Parking required
CA state lawUp to 1 space
At most 1 space per ADU (or per bedroom, whichever is less) — and waived in the common cases below.
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
CA state lawNot required
When a garage/carport is demolished or converted to build an ADU, replacement parking cannot be required.
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
Local ruleOnly for a JADU
Owner must reside in primary or JADU for JADU; not required for ADU
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.
Westminster-specific factors that can change the answer
State law sets the floor, but these local conditions often decide whether a specific parcel works.
Sprinkler requirements
Sprinklers not required for ADUs/JADUs unless required for primary dwelling; must meet building/fire codes
Water/sewer service
ADUs may be prohibited in areas with insufficient water/sewer service as designated by City Engineer
Westminster limits both ADU and JADU on a single-family lot to conversions within existing/proposed space; new detached ADUs require 6 ft separation from the primary dwelling. Attached ADUs are capped at 1,200 sq ft or 50% of the primary, whichever is less.
Frequently asked questions
Can I build an ADU in Westminster?
Yes. California's statewide ADU law requires Westminster 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 Westminster?
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 Westminster?
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 Westminster?
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 Westminster?
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 Westminster?
Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.
Sources
- Westminster Municipal Code § 17.400.135 (amended through 2023/2024)
- Westminster Municipal Code § 17.400.135.C.3, N.1
- Westminster Municipal Code § 17.400.135.L.4.a, L.4.c
- Westminster Municipal Code § 17.400.135.L.5.c–d
- Westminster Municipal Code § 17.400.135.M.8.d
- Westminster Municipal Code § 17.400.135.J.3
- Westminster Municipal Code § 17.400.135.G
- 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 § 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 Westminster'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 Westminster Planning before relying on it.
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