California ADU law (Gov. Code §§ 65852.2 and 65852.22) requires cities to approve qualifying ADU and JADU applications within 60 days of receipt — ministerially, with no hearings, no design review, no discretionary conditions.
The 60-day clock under § 65852.2(a)(3) starts on the date the application is received, not when it is deemed complete. There is no completeness determination phase. If the city fails to act within 60 days, the application is deemed approved by operation of law — the applicant files a notice with the building official and the approval is effective.
What Cities Cannot Do
- Require a CUP or discretionary review
- Apply non-objective design standards
- Require parking within 0.5 miles of transit or for conversion ADUs
- Impose size limits smaller than the statutory minimum
- Deny based on neighborhood character
JADUs
JADUs under § 65852.22 are capped at 500 sq ft within existing primary dwelling walls.
Common Violations
- Ignoring the 60-day clock entirely
- Pretextual incompleteness notices to extend the clock
- Unlawful parking requirements
- Non-objective design conditions
- Unlawful size restrictions
Related California Housing Enforcement Laws:
Permit Streamlining Act | Housing Accountability Act | SB 330 Housing Crisis Act | Builder’s Remedy
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