Accessory & Junior Accessory Dwelling Units


Converted Garage, Detached Accessory Dwelling Unit (ADU), Attached ADU

The construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) is one of many City strategies to increase housing supply and affordability citywide. In accordance with state law, the City has adopted regulations to make it relatively easy and less expensive to construct ADUs/JADUs.  

ADUs provide independent living facilities on a parcel with an existing or proposed primary residence. ADUs can be integrated within a residence, can be attached to a residence, be converted from an existing garage or be a new detached structure. JADUs in comparison, are no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. 

The City's specific regulations for ADUs/JADUs can be found in City adopted ADU/JADU Ordinance 1127 (PDF).

ADU 3

ADU/JADU Review Process

In accordance with State law, the City has two review processes for proposed ADUs and JADUs: Building Permit Review and ADU Permit Review. A general summary of each process is provided below. 

Building Permit Review

Converted ADUs/JADUs on single-family and multi-family lots and new detached ADU’s on single-family lots are eligible for a streamlined Building Permit Review provided certain requirements are met.  The specific requirements for a proposed ADU/JADU to qualify for a Building Permit Review can be found in City adopted ADU/JADU Ordinance 1127 (PDF).

Applicants are encouraged to submit ADU/JADU plans to planning@sanjuancapistrano.org for a preliminary review to confirm that a proposed ADU/JADU qualifies for a Building Permit Review. Once cleared by Planning, an ADU/JADU Building Permit application may be submitted to the Building Division through an in-person scheduled appointment. Please review the Building Division’s Plan Check Submittal Requirements for the submittal requirements for an ADU/JADU building permit application.

 

ADU Permit Review

Proposed ADUs that do not qualify for a streamlined Building Permit Review must undergo an ADU Permit Review. ADUs that undergo an ADU Permit Review are subject to more restrictive development standards. The development standards can be found in City adopted ADU/JADU Ordinance 1127 (PDF). Please reach out to Planning staff at planning@sanjuancapistrano.org if you have questions about these standards. 

ADU Permit Review is conducted by the Planning Division prior to Building Permit submittal. Once approval is received by the Planning Division, an ADU Building Permit application may be submitted to the Building Division through an in-person scheduled appointment.

ADU

General Information

  1. Construction of an ADU may be subject to approval from a homeowner's association (HOA). It is the applicant and/or owner's responsibility to contact the HOA, if applicable, and obtain HOA approval for the Accessory Dwelling Unit(s) and related improvements prior to the start of construction.
  2. There are no City Development Impact Fees (PDF) for ADUs less than 750 square feet in habitable floor area. The City Development Impact Fees for ADUs 750 square feet or larger are charged proportionately in relation to the habitable area of the primary unit.
  3. Proposed JADU’s require a Deed Restriction be signed by a Notary Public and filed with the County Clerk Recorder’s Office. The City has prepared a template document which can be used to satisfy this requirement: JADU Deed Restriction (PDF).
  4. When a JADU is created, an owner must reside on the property either in the JADU or in the primary dwelling.
  5. An ADU or JADU may be rented but may not be sold separately.
  6. ADUs must comply with all applicable building and fire code requirements. The Orange County Fire Authority (OCFA) Submittal Form provides a checklist for when submittal to OCFA is required.
  7. Solar PV systems are required for new detached ADUs. A final inspection for the ADU will not be conducted until the PV system is installed and approved. 
  8. ADUs are subject to the utility connection requirements and fees imposed by the applicable utility provider. 
  9. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
  10. As part of the Building Permit Application process, ADUs will require sanitation clearance from the Santa Margarita Water District. 
  11. As part of the Building Permit Application process, ADUs will be assigned a unit address.    

ADUs in FEMA Flood Zones 


Some portions of the City have flood zones designated by the Federal Emergency Management Agency (FEMA). If applicants are proposing a new ADU on a property located within a FEMA designated floodplain, applicants must contact FEMA to confirm any additional development standards or application review processes required by FEMA. To determine whether a proposed ADU is in a FEMA designated floodplain, click on this map to find your property. 

Legalization of Unpermitted ADUs per Assembly Bill 2533


In accordance with State legislation (AB 2533), a streamlined process is available to help legalize an ADU or JADU that was constructed prior to January 1, 2020. The legalization process is explained in the following documents: 

Step-By-Step ADU/JADU Application Submittal Process

  1. Contact planning@sanjuancapistrano.org to ask any questions that you may have about the ADU/JADU review process or development standards (size, height, setbacks, architecture, etc.). 
  2. Submit conceptual ADU/JADU plans to planning@sanjuancapistrano.org for a preliminary review to confirm if the ADU/JADU qualifies for a Building Permit Review or will require an ADU Permit Review.
  3. Building Permit Review ADUs will be directed to make an appointment to submit a Building Permit Application pursuant to the submittal instructions described on the Building Division's webpage. 
  4. Applicants with proposed ADUs which do not qualify for a Building Permit Review will be provided with comments on how to amend their proposed ADU to qualify for a Building Permit Review. If applicants opt to amend their plans to qualify for a Building Permit Review, repeat Step 2 above. 
  5. Applicants with proposed ADUs that require an ADU Permit Review must send a digital copy of the project plans to the Planning Division via email at planning@sanjuancapistrano.org. 
  6. A Planner will conduct a formal review of the proposed ADU and if the code requirements for an ADU Permit Review are not being met, corrections will be provided. Corrections will need to be addressed and resubmitted to planning@sanjuancapistrano.org for additional review. This step will need to be repeated until all code requirements for an ADU Permit Review are met. 
  7. Once a Planner determines that your proposed ADU meets all the code requirements for the ADU Permit Review, you will be asked to schedule an appointment with the Building Division, to submit a Building Permit application in accordance with the plan check submittal requirements described on the Building Division's webpage.

Single-family homeowners who want to build a new construction, standalone ADU may use the City's Pre-Approved ADU plans which are for prefabricated manufacturer BOXABL. The BOXABL plans are pre-approved designs that can save time and money on design and engineering costs. While plans have been reviewed and accepted by the City, they are NOT specific to a property or site. Applicants are still required to submit a building permit and go through the standard ADU permitting process. Further, each proposed unit will be required to prepare separate Roof, Foundation, and Solar permits based on the specifications specific to the site, applicant's desire, and engineering.