Daly City | ADUs and SB 9

Daly City, California ADUs and SB 9: The 2017 Code Text, the City Guide, State Law, Ordinance No. 1494, Fees and Two-Unit Projects

An accessory dwelling unit, or ADU, is a second home on the lot of a house or apartment building. Daly City has permitted them since the early 1980s under the name "second units," and City staff estimate that more than 2,200 have been permitted. The rule printed in the Municipal Code, Section 17.40.100, was last amended in 2017. It conflicts with state law on the number of units, owner occupancy, parking and entrances, and the City does not apply those parts. Its ADU guide says state law has governed since January 1, 2020, and in September 2026 the City Council considered an ordinance to repeal the old section. This page sets the code text beside what the City applies, then covers fees and SB 9. The Daly City overview has the summary.

Three Texts: the Code, the City Guide and State Law

Sources: Daly City Municipal Code 17.40.100 (Supplement 38); City of Daly City, Accessory Dwelling Unit Guide; City Council staff report of September 14, 2026; Gov. Code 66321, 66322, 66323 and 66333.

Which text controls is settled by the City's own words. The Accessory Dwelling Unit Guide opens: "Effective January 1, 2020, any conflicting regulation within the Daly City Municipal Code is superseded by state law until the City adopts a local ordinance." The staff report to the City Council of September 14, 2026 says the same thing at more length: the state requirements are in Government Code Sections 66310 to 66342, "which the Planning Division now enforces instead of the second unit regulations in the Zoning Ordinance." VanPlex covers those sections on the California ADU law page.

What the Code Still Prints

Section 17.40.100, titled "Secondary unit standards and requirements," was rewritten by Ordinance No. 1412 on February 13, 2017. Its standards for a proposed ADU, or an existing one "proposed for legalization," are:

• "There shall be no more than one accessory dwelling unit per parcel."
• "Occupancy of one of the two units shall be the owner(s) of record." The applicant shows a government photo identification with the property address and records a deed restriction.
• "The floor area of an attached accessory dwelling unit shall not exceed fifty percent of the size of the primary dwelling unit, with a maximum increase in floor area of one thousand two hundred square feet," and a detached ADU "shall not exceed one thousand two hundred square feet."
• "Accessory dwelling units shall provide one parking space per unit or per bedroom (studio units shall provide one parking space)." Five exceptions follow; the first is that "The accessory dwelling unit is located within one-half mile of public transit."
• "Only one exterior pedestrian entrance (not including slide glass door) shall be provided for each accessory dwelling unit," at the rear or on the side that holds the main entrance, with "A paved walkway" from the sidewalk or driveway.

Section 17.40.110 adds a "certificate of registration," a recorded document "which indicates that the property owner shall live in either the main or accessory dwelling unit." It lets the City Council end the use of the ADU after a public hearing on a code violation. Under Section 17.40.130, a denial "may be appealed by the applicant to the city council" within thirty days.

State law overrides four of these rules. Government Code 66323 requires a city to approve a converted ADU, a junior ADU and a detached ADU on a house lot, and adds that "A local agency shall not impose any objective development or design standard that is not authorized by this section." Section 66315 bars added standards, "including an owner-occupant requirement." Section 66322 bars parking standards "Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit."

What the City Applies: the ADU Guide

The guide is a four-page handout with two checklists, one for ADUs and one for junior ADUs, or JADUs. The PDF on the City's ADU page was last changed on January 7, 2026, by the date in its file properties.

• Where. "ADUs are permitted on lots with an existing or proposed single-family or multi-family dwelling (including duplexes)."
• How many on a house lot. "No more than one attached/conversion ADU, one JADU and one detached ADU are permitted on a lot with a single-family dwelling."
• Detached ADU. The checklist gives "Height: 18 feet in height and up to 20 feet in height if matching roof pitch of main house," "Total floor area of the ADU does not exceed 1,200 sq. ft." and "Minimum 4-foot rear and side yard setbacks."
• Attached ADU. "Height: 25 feet in height and up to two stories." Floor area is up to 50 percent of the house, or 850 square feet with one bedroom or 1,000 with more, whichever is greater.
• The 800 square foot unit. Lot coverage, floor area ratio, open space and minimum lot size "cannot preclude the construction of a statewide exemption ADU," which the guide describes as up to 800 square feet and 16 feet tall with four-foot side and rear setbacks.
• Conversions. Setbacks "are not required if the ADU is constructed entirely within an existing living area or within or replaces a structure in the same location and to the same dimensions as the existing structure."
• Garage conversions. The guide requires compliance with "trash & recycling storage areas and front yard paving" rules and a talk with the Engineering Division "to determine if the driveway curb cut must be removed" or reduced.
• Fire sprinklers. "Fire sprinklers are no longer required in an ADU if they are not required in the primary residence." ADUs must still meet fire flow test requirements.
• Junior ADU. "Total floor area does not exceed 500 sq. ft." The efficiency kitchen "shall not exceed six lineal feet," its sink has "a maximum vertical waste line diameter of 1.5 inches," and its appliances "do not require electrical service greater than 120 volts." "Refrigerator size is not limited."
• Owner occupancy. "Owner occupancy (homeowner lives in either the primary dwelling or the ADU) is not required for ADUs as of January 1, 2024." For a junior ADU, "Shared bathroom requires owner occupancy on the property."

In practice, most Daly City ADUs are built inside the house. The September 2026 staff report says that "most ADUs in Daly City have occupied the unfinished basement of homes," and that "several homeowners have taken advantage of State laws allowing detached ADUs in their backyards."

Apartment and Duplex Lots

For multi-family lots the guide says attached ADUs "may only be proposed within existing non-living areas (e.g. storage, garage)" and are "limited to 25% of the existing units (e.g. one ADU for a four-unit apartment building), or one ADU, whichever is greater." Detached ADUs on those lots are "subject to a 18-foot height limit and 4-foot rear and side yard setbacks."

On the number of detached units the guide gives an older figure than the statute. The guide says "up to two detached ADUs are permitted." Government Code 66323 now reads: "On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units," limited to "the number of existing units on the lot," and "On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units." The statute controls. The City's own staff report of September 2026 lists this change among the state laws it follows.

Ordinance No. 1494: Repeal of the Old Section

The City is removing the 2017 text. The steps so far, from the City Council files:

• May 5, 2026. The Planning Commission "voted 4-0 (Commissioner Paniza absent) to recommend approval."
• June 22, 2026. The Council tabled the item. The minutes say staff asked "to table the item pending the State's review of the proposed ADU changes."
• September 14, 2026. The Council held the hearing, heard no speakers, and the ordinance was introduced as Ordinance 1494, "Amending Chapter 17 of the Municipal Code Re: Zoning Ordinance Updates."
• September 28, 2026. The agenda lists "Second Reading, Ordinance No. 1494" with the recommendation "Adopt Ordinance by Roll Call Vote."

The ordinance repeals the code definitions of "Dwelling unit accessory" and "Dwelling, secondary," and says "Section 17.40.100 of the Daly City Municipal Code is hereby repealed in its entirety" and the same for Section 17.40.110. It "shall be in full force and effect thirty (30) days from and after its passage." The staff report gives the reason for dropping the certificate of registration: it is one of the requirements "which are no longer a requirement because owner occupancy is no longer required."

Staff had tried to keep two local rules: the entrance on the same side as the main entry, and a concrete walkway to the ADU door. The report says "These two requirements have however been disallowed by HCD," the state Department of Housing and Community Development. One rule on garages was kept. Where a garage in a house with side yards is converted, "the garage door shall be retained and an area provided sufficient to accommodate trash and recycle bins at least 36 inches deep and the full width of the garage door." The ordinance adds that this "shall not preclude the construction of any State-mandated Accessory Dwelling Units or Junior Accessory Dwelling Units."

This guide could not confirm the final vote. The City's press release on the September 28 meeting reports the adoption of a different ordinance, on inclusionary housing, and does not mention No. 1494. The minutes of that meeting were not posted on October 10, 2026, and the Municode ordinance bank listed ordinances through No. 1492 only. Ask the Planning Division or the City Clerk whether Ordinance No. 1494 passed and on what date it took effect.

Review, Deadlines and Appeals

• No hearing. Government Code 66317: an ADU permit application "shall be considered and approved ministerially without discretionary review or a hearing." Ministerial means staff check the plans against fixed rules.
• Completeness in 15 business days. The City must say whether the application is complete "not later than 15 business days after the permitting agency received the application."
• Decision in 60 days. The City "shall either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application," and after that the application "shall be deemed approved."
• Appeals. The statute requires a way to appeal to the governing body, with a final written decision "not later than 60 business days after receipt of the applicant's written appeal."
• ADU height measured to the low point of the roof. Ordinance No. 1489 of April 13, 2026 added a definition of building height. It ends: "The measurement for the height of an ADU shall be taken at the lowest measurable point for gable, hip, or gamble roofs (the roof itself shall not be included in the height calculation)."
• Pre-reviewed plans. The City's Preapproved ADU page says the Building Department "is now accepting applications to Pre-Review Model Detached ADUs" from designers, architects and engineers. "To use a pre-reviewed ADU plan, homeowners must hire the designer who developed the plan set," and "Modifications to pre-reviewed ADU plans are not permitted." On October 10, 2026 the page listed no approved plans; the list read "(Coming soon)."
• How many are built. The Housing Element counts ADU building permits: 74 in 2018, 68 in 2019, 74 in 2020, 48 in 2021 and 51 in 2022.

Other City Rules That Touch ADUs

• Trash and recycling. Section 17.35.040: "Accessory dwelling units shall utilize the trash and recycling receptacles of the primary dwelling unit on the parcel." Homes with no side yards need a storage area "that measures three feet by eight feet adjacent and connected to the dwelling's garage."
• Wet bars. Section 17.40.090 allows one small wet bar in a house, and "Wet bars shall not be permitted on any floor in any home with an approved accessory dwelling unit."
• Extra entrances. The same section requires other pedestrian entrances to a house to be at the rear "Unless associated with an approved accessory dwelling unit."
• Sheds. Under Section 17.40.085 an accessory structure may not be "plumbed with water or sewage fixtures" or "used as a dwelling or accessory dwelling unit."
• Two-story ADUs. The Citywide Objective Design Standards of September 2024 ask two-story ADUs for "the use of different siding materials and paint color between the first and second floors." They also ask for "a concrete pedestrian pathway" to the ADU entrance, the rule the September 2026 staff report says the state disallowed.
• Short-term rentals. Section 5.92.040: short-term rentals "shall not be permitted in inclusionary housing or other income-restricted housing units or on properties with accessory dwelling units or junior accessory dwelling units."
• Coastal zone. The guide places it at "Properties west of Skyline Boulevard and west of Eastgate Drive (north of John Daly Boulevard)." Under Government Code 66329 the City decides a coastal permit for an ADU within 60 days and "shall not be required to hold public hearings." See the coastal zone and bluffs page.

Fees on an ADU

• Planning fee. The FY 2027 Master Fee Schedule lists item 7.26, "ADU," at a flat $851.
• Building permit and plan review. The permit fee follows project valuation. Plan review adds 79 percent of the permit fee for the Building Division, 20 percent for the Planning Division and 39 percent for the Engineering Division, and a technology fee adds 9 percent.
• Impact fees. The City's public facilities fee is $16.10 per square foot of residential space. Government Code 66311.5 bars any impact fee on an ADU "that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet of interior livable space or less." Above 750 square feet the fee is charged "proportionately in relation to the square footage of the primary dwelling unit."
• School fees. The City's Fee Schedule page says school districts charge on "new habitable residential space 500 square feet and above," and "ADUs under 750 square feet are not subject to school fees." The districts set the amounts.
• Sewer. The schedule carries North San Mateo County Sanitation District connection fees, including $550 for "Conversion of single family residence to one with secondary unit." Section 66311.5 bars a connection fee for an ADU created inside the existing space of a house unless it is built with a new house. Ask the district which rule it applies to your project.

The permits and fees page has the full fee tables, and the California impact fees page explains the state limits.

SB 9: Two Homes on a House Lot

SB 9 is the 2021 state law that lets an owner build two main homes on a lot in a single-family zone, split the lot in two, or both. A search of Titles 16 and 17 found no section on it, so Government Code 65852.21 applies directly. The City's SB9 Application Materials page describes the two-unit project as one that would "add one new primary dwelling unit on a lot with an existing single-family dwelling or create up to two new dwelling units on a vacant lot. The units can be attached (duplex) or detached. In addition, one ADU and JADU may be added to the lot."

• The form. The SB 9: Two-Unit Project Application is a three-page checklist in a PDF file created on December 6, 2023. It asks for the parcel's zoning and size, the units on the lot and whether an owner or a renter lived in them for the last three years, and it needs the owner's notarized signature.
• No hearing, 60 days. A qualifying project "shall be considered ministerially, without discretionary review or a hearing," and decided "within 60 days from the date the local agency receives a completed application."
• Size and setbacks. The City may apply objective standards unless they "would physically preclude either of the two units from being at least 800 square feet in floor area." It "may require a setback of up to four feet from the side and rear lot lines."
• Tenants. The project may not demolish or alter "Housing that has been occupied by a tenant in the last three years."
• Parking. The form allows one space per unit unless the parcel is within one-half mile walking distance of a high-quality transit corridor or major transit stop. The Housing Element says "The half mile radius area from all high-quality transit stops in Daly City covers nearly all of the city," and names small areas near Mussel Rock Park, in Hillside, and in Crocker and Bayshore Heights as outside it.
• Recorded covenant. The form asks the applicant to record a covenant, a promise that binds later owners, limiting the units to residential uses "and requiring that the units are rented only for a period of longer than 30 days."
• Which zones. The statute covers a "single-family residential zone." R-1 is Daly City's single-family district. Ask the Planning Division whether it treats R-1/A lots the same way; since November 2024 that district already permits a duplex.
• Coastal zone. SB 9 does not override the Coastal Act, "except that the local agency shall not be required to hold public hearings for coastal development permit applications."

The lot split half of SB 9 is on the lot size and subdivisions page.

Where the City's Documents Differ

• Code and guide. Section 17.40.100 allows one ADU with an owner on site and a parking space. The guide allows three units, no owner on site for ADUs, and gives no parking figure. The guide says state law supersedes the code.
• Inside the guide. The guide's question and answer page says a junior ADU needs an owner on site "only if the bathroom is shared." The last item of its junior ADU checklist still says "Either the primary dwelling or the JADU will be owner-occupied" and asks for a deed restriction under Section 17.40.110. Government Code 66333 matches the first statement: "Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities."
• Old statute numbers. The guide cites "Government Code Sections 65852.2 and 65852.22." State ADU law is now in Sections 66310 to 66342.
• Detached ADUs on apartment lots. The guide says two. Government Code 66323 allows up to eight on a lot with an existing multifamily building.
• The draft ordinance. Section 4 of Ordinance No. 1494 says it amends "Section 17.34.040." The text that follows is the trash storage rule of Section 17.35.040, and the staff report names 17.35.040.
• Housing Element. The 2024 Housing Element's parking table lists "Secondary Unit" at "2 spaces, plus 2 per principal dwelling (4 total)." The code asks for one space per unit or bedroom, and the City applies neither near transit.

Limits of This Page

The code text is Municode's Supplement 38, current through Ordinance No. 1488 of March 9, 2026. The ADU guide is a PDF whose text had to be read by optical character recognition, so short quotes were chosen and checked against the page images' text. The comments the state housing department sent the City on the ADU ordinance were not found; this page reports them only as the staff report describes them. The final vote on Ordinance No. 1494 was not confirmed. The City's building permit application forms and its ADU submittal checklist were not read. Ask the Planning Division at 650-991-8033 for the planner of the day before drawing plans.

Where to Go Next

Related on VanPlex: the Daly City overview, the California ADU law page and the permits and fees page.

Frequently Asked Questions

Official sources (checked October 2026)