QUICK OVERVIEW: ADU/JADU REQUIREMENTS

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QUICK OVERVIEW: TOWN ADU REQUIREMENTS

For detailed Municipal Code information, see Chapter 18.25 of the Municipal Code, the Town's ADU Ordinance

 

SIZE:

JADU: Up to 500 sq ft

Attached and Detached ADUs with New Floor Area:

Up to 800sq. ft for state exempt ADUs (Section 66323)

Up to 1,200 sq. ft. (Section 66314, Local Ordinance)

SETBACKS:

Front:

Same as underlying zoning, including Scenic Corridor Setbacks 

No front setback if permitted under Section 66323

Rear: 4ft minimum 

 Side: 4ft minimum

Number of ADUs: A property may be a combination of up to 3 ADUs/JADUs

PARKING: No required parking

SEWER/SEPTIC CONSIDERATIONS: Properties considering adding an ADU or JADU should carefully consider their sewer or septic system. Your system will need to have available capacity to serve your new unit, in particular if a bedroom is added. This may involve a simple hookup to an existing system, or could involve large costs with expanding a septic system or extending to a street sewer system. If on sewer, you will need to obtain approval and any required permits from the West Bay Sanitary District. You are required to submit the application and pay fees directly to the County Environmental Health Department for septic systems and West Bay Sanitation District for sewer service. 

ELECTRICAL UTILITIES: 

Attached/Internal ADU/JADU - no undergrounding required

Detached ADU - if connection is from main house, required to underground utilities on private property from main house

SAFETY RESTRICTIONS:

FIRE:  Certain parcels in Portola Valley may be restricted in development due to fire safety codes, such as street ingress/egress, slope, width of road and other conditions. Check with WFPD for code requirements

GEOLOGIC:  Certain parcels may be restricted in development under the Town’s geologic regulations, with respect to proximity to earthquake faults, traces and areas subject to active downslope movement as shown on the Town’s Geologic and Ground Movement Potential Maps.

CONVERSIONS: Conversions represent a potentially much more affordable way of creating an ADU or JADU on your property. A room in your home could be converted into a JADU with the addition of a bathroom, a simple efficiency kitchen, and an exterior door. A conversion that does not include a bathroom must include an interior door to access shared bathroom facilities. A previously permitted detached accessory structure could be converted into an ADU with the addition of a kitchen and bath.

The California Building Code (CBC) defines a kitchen as an area with a sink and permanent provisions for food preparation and cooking, requiring hot/cold water, a cooktop/oven, a refrigerator, food storage space (cabinets), and adequate light/ventilation. A core component is the sink with a drain larger than 1.5 inches, plus permanent hot cooking facilities, ensuring it's distinct from a wet bar. 

AMNESTY PROGRAM: In 2024 the California Legislature adopted AB 2533, a law that provides some amnesty provisions for eligible ADUs created without permits prior to 2020. The full text of the law is in Government Code Section 66323.  

For an unpermitted ADU or JADU constructed before January 1, 2020, the relief provided by AB 2533 includes the following:  

  • The Town shall not deny a permit for an ADU or JADU that is in violation of California building standards (codes) or does not comply with any local ordinance regulating ADUs or JADUs. 
  • The property owner applying for a permit to legalize an unpermitted ADU or JADU shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is required to comply with Health and Safety Code section 17920.3
  • The Town is prohibited from penalizing an applicant for having the unpermitted unit, and the local agency is required to approve necessary permits to correct noncompliance with health and safety standards. 
  • Upon receiving an application for permit to legalize an unpermitted ADU or JADU, an inspector from the Town may inspect the unit for compliance with Health and Safety standards and provide recommendations to comply with these standards. 

Other provisions and exceptions are incorporated in the law. Eligibility for the amnesty provided by AB 2533 depends on the type of ADU or JADU, the date of the ADUs construction, and various other factors. The process of applying for amnesty for an unpermitted unit is the same as an application for a new ADU. Before submitting an application for a permit for an ADU or JADU created without permits, a homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.  Please consult with the Planning and Building Department for more information about the permit process.