David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

Hayward | ADUs and SB 9

Hayward ADUs, Junior ADUs and SB 9 Two-Unit Projects

An accessory dwelling unit (ADU) is a second, smaller home on a lot with a house or apartment building, with its own kitchen, bathroom and sleeping area. A junior ADU is a unit of 500 square feet or less inside a house. SB 9 is the 2021 state law that lets an owner build two main homes on a single-family lot. Hayward's code has one ADU sentence and one SB 9 row in its use table, both pointing to state law, and City checklists set the details. This page reads the checklists against the statutes. See the Hayward overview for the whole guide.

Hayward ADUs and SB 9 in six facts

Hayward Applies State ADU Law Directly

Hayward added ADU sections in 2017; the code's note says "Ordinance 17-16, adopted November 7, 2017, adding Sections 10-1.2740 through 10-1.2747." Ordinance 24-01 of January 23, 2024 cut them back to one sentence. Section 10-1.2741 now reads: "This Section provides reference to the regulations for Accessory Dwelling Units provided in Government Code Sections 65852.2 and 65852.22, as amended from time to time." Sections 10-1.2742 to 10-1.2747 are "Reserved."

Those two Government Code numbers are out of date. The state ADU rules now sit in Government Code 66314 and the sections after it, added by SB 477 in 2024, and the current law table in the Legislature's database has no Section 65852.2 or 65852.22. The City's own ADU checklist uses the new numbers: ADUs are allowed "pursuant to State law" in "Government Code Sections 66314 through 66332." Read the code's reference as a pointer to the current state sections.

The use tables permit ADUs in every residential district, and Table 10-1.802 permits them in all six commercial districts, "Where primary use is residential." The City's ADU page, updated June 9, 2026, says every ADU and junior ADU permit goes through the Hayward e-Permit Portal and "All projects are reviewed for compliance with applicable California State Codes and California State Law." Owners can use a custom design or a pre-approved plan set bought from a designer in "Hayward's ADU Plans Gallery," and add a site plan and site-specific foundation details.

ADU Sizes, Heights and Setbacks

Type Size Height Setbacks
Converted ADU (inside existing space) No size limit in the checklist; state law allows 150 sq ft added for entry Within existing space None for existing permitted structures
Detached new ADU Up to 1,200 sq ft interior livable space (checklist); at least 800 sq ft must be allowed 16 ft, or 18 ft within one-half mile of a major transit stop 4 ft side and rear; front by the zone; 5 ft from other structures
Attached ADU 50% of the main home (checklist); the state floor is 850 or 1,000 sq ft Zone height limit (checklist); state law: 25 ft or the zone limit, whichever is lower 4 ft side and rear
Junior ADU No larger than 500 sq ft inside the home Inside the home Inside the home

Source: City of Hayward Single-Family Residential ADU Checklist, updated April 2026; Government Code 66321 and 66323.

The checklist says a project that answers yes or not applicable to every question "is eligible for ministerial ADU review by staff," a review against fixed rules with no hearing. Newly built ADUs must keep 4 feet from side and rear lines, follow the zone's front yard, and stay 5 feet from other structures. The checklist sets no size limit for an ADU converted from an existing, permitted structure. Height is measured "from grade to the highest point of the roof for flat roof" and to the midpoint of the highest gable for a pitched roof.

Building rules come with the checklist too. An attached ADU needs a 1-hour fire rated wall from "the bottom of the footing to the underside of the roof deck," and no door may connect it to the main house. Fire sprinklers are required only if the main house has them or other work on the house would require them. The ADU needs its own heat source, may share a water heater that is sized for both units, and may drain through the main house's sewer line.

The zoning code adds one spacing rule. Section 10-1.204(n) says detached homes on one lot must be "setback at least 10 feet from each other," and "The separation for ADUs may be reduced to 5 feet." Accessory buildings other than ADUs are capped at 14 feet and one story in Table 10-1.203; ADUs follow the checklist heights.

Process, Fees and Utilities

  • Deadlines. Government Code 66317 requires the City to say whether an application is complete within 15 business days, and to approve or deny it "within 60 days" of a complete application when a home already exists on the lot. If it does not act, "the application shall be deemed approved."
  • Fee timing. The ADU page says "A Plan Review Fee is due prior to project review. All other permits fees are due when the permits are ready for issuance."
  • Zoning fee. The FY 2026-27 fee schedule lists a Zoning Conformance Permit for ADUs at $498 and a housing plan review fee of $158 for ADUs.
  • Park and school fees. The fee schedule lists a $3,379 park impact fee for an "ADU that is 750+ s.f." The checklist says park and school fees apply to ADUs that are "equal or" greater than 750 square feet.
  • Traffic fee. Section 10-30.15(h) says "No fee is applicable for remodeling, adding to an existing unit, or adding an accessory dwelling unit (ADU)."
  • Sewer. The fee schedule lists the sewer connection charge for an ADU at $5,825 each from September 1, 2026, "where applicable." The checklist says utility charges "apply to all ADUs."
  • Address. "All ADUs shall have their own independent address," at $340 each under the fee schedule.
  • Rentals. The checklist bars commercial short-term rentals of less than 30 days. State law in Government Code 66315 bars an owner-occupancy rule for ADUs.

Junior ADUs follow Government Code 66333: one per lot, inside the walls of the house, with a separate entrance and a recorded deed restriction against selling it apart from the house. The owner must live on the property if the junior ADU shares a bathroom with the house. The City asks for the property legal description "Only required for JADUs that share sanitation facilities with the primary residence," which is the case that triggers that rule.

SB 9 Two-Unit Projects in RL

Topic Rule
Where RL district only
Homes Two units; with a lot split, two units per lot, counting ADUs
Setbacks 4 ft interior side and rear; 15 ft front, or 20 ft for an attached garage; 10 ft street side; 5 ft from other buildings
Height and design 30 ft; second floor massing under 10-1.205(a); 50 facade design points
Parking 1 space per unit, none within one-half mile walking distance of a major transit stop or high-quality transit corridor, or near car share
Size floor Standards give way if they would prevent two 800 sq ft units
Rentals No short-term rentals of less than 30 days

Source: Hayward Municipal Code Table 10-1.202; City of Hayward SB 9 Eligibility and Checklist, updated March 2025; Government Code 65852.21.

Table 10-1.202 lists "Two-Unit Development" as permitted in RL only, "As provided in Government Code Sections 66411.7 and 65852.21." The City has no SB 9 ordinance; its SB 9 checklist lists the "eligibility requirements and objective development standards for ministerial approval." The objective standards apply "unless the standards below preclude the development of two (2) 800 square-foot units" on the property, which repeats the size floor in Government Code 65852.21.

The design rules come from the RL district. New SB 9 homes must meet the second story massing rule in Section 10-1.205(a), which caps a second floor at 80 percent of the first floor on a house of 3,000 square feet or less, and must earn 50 facade design points from Table 10-1.205.1, such as 30 points for a covered porch at each entry or 20 for windows covering 20 percent of the front. Height is 30 feet.

The checklist screens the site. The project may not demolish or alter rent-restricted housing, housing under "any form of rent or price control," housing taken off the rental market under the Ellis Act in the past 15 years, or housing "occupied by a tenant in the last three years." Hayward's rent ordinance covers many older rentals, so check the City's rent review database, which the checklist links. Sites on prime farmland, wetlands, conservation land or protected habitat are barred. Sites in a very high fire zone, a hazardous waste site, an earthquake fault zone, a FEMA flood zone or a floodway must meet added conditions, such as "a no-rise certificate" for a floodway.

With a lot split, the checklist limits each parcel to two housing units, and "an Accessory Dwelling Unit is considered a housing unit." Without a split, a lot may hold the two SB 9 homes plus ADUs. The lots and subdivisions page covers the split itself.

Where City Documents and State Law Differ

  • ADU count. The checklist says a house lot is "limited to one" detached or attached ADU and one junior ADU. Government Code 66323(a) requires approval of "any combination" of a converted ADU and junior ADU inside existing space plus one new detached ADU of up to 800 square feet. The statute controls.
  • Attached ADU size. The checklist caps an attached ADU at 50 percent of the main home. Government Code 66321 bars a maximum below 850 square feet, or 1,000 for more than one bedroom, and any rule that blocks an 800 square foot ADU with 4 foot setbacks.
  • The 750 square foot line. The checklist and the "750+ s.f." fee row charge park fees at 750 square feet. Government Code 66311.5 bars impact fees on an ADU of "750 square feet of interior livable space or less" and requires fees above that to be proportionate to the main home. The statute controls.
  • Utility charges. The checklist says utility charges "apply to all ADUs." Under Government Code 66311.5(d), an ADU created inside existing space under 66323(a)(1) needs no new utility connection and no connection fee unless it was built with a new house.
  • SB 9 approval. The City SB 9 page labels the plan type "Requires Planning Commission Approval" and says applications "typically take three to five months." Government Code 65852.21 requires review "without discretionary review or a hearing" and a decision within 60 days of a complete application.
  • Old statute numbers. Section 10-1.2741 cites Government Code 65852.2 and 65852.22; the state rules now sit in 66314 and the sections after it.

Best For

  • ✓ House lots with room for a detached ADU of 800 square feet with 4 foot side and rear setbacks.
  • ✓ Garage conversions, which need no setbacks and no size limit under the checklist.
  • ✓ RL lots with no tenant in three years, for two SB 9 homes plus ADUs.

Usually Fails When

  • ✕ The SB 9 lot is outside RL or had a tenant in the last three years.
  • ✕ The ADU plan treats the unit as a rental of less than 30 days.
  • ✕ A detached ADU is designed over 1,200 square feet or above 16 feet away from transit.

What To Verify Before Spending Money

  • → Whether the lot is within one-half mile of a major transit stop, for ADU height and SB 9 parking.
  • → The rent review status of any existing home, for the SB 9 tenant test.
  • → How the City applies the 750 square foot fee line to your ADU size.

Where to Go Next

Related on VanPlex: the Hayward overview, the California ADU law page and the SB 9 page.

Frequently Asked Questions

Does Hayward have its own ADU ordinance? +
No. Hayward Section 10-1.2741 only "provides reference to the regulations for Accessory Dwelling Units provided in Government Code Sections 65852.2 and 65852.22." Sections 10-1.2742 to 10-1.2747 are reserved. The City applies state ADU law, now in Government Code 66314 to 66342, and publishes its standards in an ADU checklist updated April 2026.
How big can an ADU be in Hayward? +
A new detached ADU in Hayward may have up to 1,200 square feet of interior livable space under the City checklist, and an attached ADU up to 50 percent of the main home. State law in Government Code 66321 requires the City to allow at least 850 square feet, or 1,000 for more than one bedroom, so a small house still gets a usable attached ADU.
How many ADUs can I build on a Hayward house lot? +
The Hayward ADU checklist says a house lot is limited to one detached or attached ADU and one junior ADU. Government Code 66323(a) requires cities to approve any combination of one converted ADU and one junior ADU inside existing space plus one new detached ADU of up to 800 square feet. Where the two differ, the statute controls.
Do I pay park fees on a Hayward ADU? +
Only on a larger ADU. The Hayward FY 2026-27 fee schedule lists a park impact fee of $3,379 for an "ADU that is 750+ s.f." Government Code 66311.5 bars impact fees on an ADU of 750 square feet of interior livable space or less, so a 750 square foot ADU pays none under the statute. Fees above that must be proportionate to the main home.
Can I sell a Hayward ADU separately from the house? +
No, under the Hayward ADU checklist, which says ADUs "shall not be sold or otherwise conveyed separate from the primary" residence. Government Code 66314 sets the same default, with exceptions in Article 4 that a city can adopt, such as ADU condominiums under 66342. The Hayward code has no such ordinance in Supplement 28 Update 1.
Does a Hayward ADU need its own address and meter? +
Yes for the address. The Hayward checklist says "All ADUs shall have their own independent address," and the fee schedule lists address assignment at $340 each. For electricity, a separate PG&E meter is needed when the ADU adds new space. A water meter is required for new construction or conversions adding more than 150 square feet.
Can I build two homes on my Hayward lot under SB 9? +
Yes, if the Hayward lot is in the RL district and passes the state tests. Table 10-1.202 permits a two-unit development in RL under Government Code 65852.21. The City checklist sets 4 foot side and rear setbacks, a 30 foot height limit and 50 facade design points, and excludes housing occupied by a tenant in the last three years.
Does SB 9 need Planning Commission approval in Hayward? +
Under state law, no. Government Code 65852.21 requires a two-unit project to be "considered ministerially, without discretionary review or a hearing," and the City SB 9 checklist describes "ministerial approval." The City SB 9 web page lists the plan type as "Requires Planning Commission Approval." The statute controls, and a decision is due within 60 days of a complete application.
Does an SB 9 project in Hayward need a historic report? +
Sometimes. The Hayward SB 9 checklist asks whether the site has structures developed before 1946, or older than 50 years and built outside a subdivision, or is on the 2009 Reconnaissance Survey. If so, "an architectural historian shall prepare a Historic Evaluation Report" with the application. State law bars SB 9 on listed landmark sites.
Is a Hayward ADU covered by rent stabilization? +
Usually not. Hayward Section 12-1.04(e)(3) excludes ADU rentals that comply with the City ADU rules "if the primary residence is occupied by the Property owner," and so are units in a building first given a certificate of occupancy after July 1, 1979. The just cause rule in Section 12-1.13 covers rentals outside the rent cap as well, ADUs included.

Official sources (checked October 2026)

Hayward Municipal Code, Section 10-1.2741, accessory dwelling units
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.2740ACDWUN_S10-1.2741PU
Hayward Municipal Code, Section 10-1.202, residential use table
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.200REDI_S10-1.202USREESDI
Hayward Municipal Code, Section 10-1.204, design standards
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.200REDI_S10-1.204MIDESTAPALDI
Hayward Municipal Code, Section 10-1.205, detached, duplex and triplex design
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR_S10-1.200REDI_S10-1.205DEREDUTRMIDEST
Hayward Municipal Code, Section 10-30.15, traffic impact fee exemptions
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART30PRDERAIMFE_S10-30.15EXRE
Hayward Municipal Code, Section 12-1.04, rent ordinance definitions
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH12HO_ART1RERESTTEPR_S12-1.04DE
City of Hayward, ADU and JADU page
https://www.hayward-ca.gov/services/permits/accessory-dwelling-unit-adu-and-junior-accessory-dwelling-unit-jadu
City of Hayward, Single-Family Residential ADU Checklist (PDF)
https://www.hayward-ca.gov/sites/default/files/2026-08/DSP-SFR-ADU-Checklist-APR26-With-Attachments.pdf
City of Hayward, Senate Bill 9 (SB 9) page
https://www.hayward-ca.gov/services/permits/senate-bill-9-sb-9
City of Hayward, SB 9 Duplex and Urban Lot Split Eligibility Checklist (PDF)
https://www.hayward-ca.gov/sites/default/files/2025-09/SB9-Eligibility-and-Checklist-2503_0.pdf
City of Hayward, Adopted Master Fee Schedule FY 2026-2027 (PDF)
https://www.hayward-ca.gov/sites/default/files/2026-07/Adopted-FY2027-Master-Fee-Schedule-and-Hourly-Rates-Effective-260701.pdf
Government Code 65852.21 (SB 9 two-unit projects)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65852.21
Government Code 66311.5 (ADU fees)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66311.5
Government Code 66314 (local ADU ordinance rules)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66314
Government Code 66315 (no added ADU standards)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66315
Government Code 66317 (ADU application deadlines)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66317
Government Code 66321 (ADU size and height floors)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66321
Government Code 66323 (ADUs a city must approve)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66323
Government Code 66333 (junior ADUs)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66333
General information, not legal advice. California housing law changes every year, and each city adds its own rules on top of state law. Confirm current requirements with the city or county planning department, and with a California-licensed attorney or architect, before you buy land or file plans.

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