Menifee | ADUs and SB 9
Menifee, California ADUs and SB 9: Section 9.295.020, Sizes, Heights, Parking, Permit-Ready Plans, Fees, Junior ADUs and Two-Unit Projects
This page covers the two state routes to a second home on a Menifee house lot. An accessory dwelling unit, or ADU, is a second home on a lot with a main home; a junior ADU is a unit of 500 square feet or less inside the house. Menifee writes its ADU rules in Section 9.295.020 of the Development Code, in Article 5, and its SB 9 rules in Chapter 9.296. Municipal Code Amendment No. LR24-0135, adopted July 16, 2025, changed both: it raised the number of detached ADUs on apartment lots, limited metal siding, and added a 60-day deadline and new tenant wording to SB 9. Much of Section 9.295.020 still repeats state law as it stood before 2024 and still cites Government Code 65852.2, the old section number. Where the City text and today's statutes differ, this page says so. The Menifee overview has the summary.
Menifee ADUs and SB 9 in six facts
- A new attached or detached ADU may have up to 1,500 square feet of floor area. Source: Menifee Development Code 9.295.020(E)(2)(f)
- A detached ADU may be 18 feet tall, or 20 feet within one-half mile walking distance of a major transit stop or high quality transit corridor. Source: Menifee Development Code 9.295.020(E)(2)(g)
- Side and rear setbacks of "no more than four feet" apply to a new ADU. Source: Menifee Development Code 9.295.020(E)(2)(g)
- The City must approve or deny an ADU application within 60 days of a complete application where a house already exists. Source: Menifee Development Code 9.295.020(C)(2)
- The FY26/27 fee schedule lists an ADU application at $3,144.52 with the technology fee, plus $597 to Riverside County Environmental Health. Source: Planning Division, Application Fees FY26/27
- Each home in an SB 9 two-unit project "must be between 500 to 800 square feet." Source: Menifee Development Code 9.296.060(C)
How an ADU Is Approved in Menifee
Section 9.295.020(C) says ADUs and junior ADUs "shall be approved ministerially through building plan check review and the issuance of a building permit." Ministerial means staff checks the plans against written rules, with no hearing and no discretion. The City "shall either approve or deny the application" within 60 days of a complete application where a house already exists on the lot; if the ADU is filed together with a new house, the City may wait until it decides the house. A denial must come with "a full set of comments" explaining how to fix the application.
An ADU application "shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety." A demolition permit for a detached garage that an ADU replaces is reviewed and issued with the ADU. Where a builder proposes several ADUs with new houses across a subdivision, they go through the Minor Plot Plan review of Chapter 9.80. Section 9.295.020(D) adds that ADUs "are not considered for the purposes of evaluating the density requirements established in the General Plan" and are not new residential uses for water and sewer connection fees.
The Planning Division's ADU Guidebook, whose cover is dated June 2026, describes the Permit Ready ADU Program: "a series of eight ADU building plan sets that residents can select from, at no cost." The program page lists studio plans of 415 and 306 square feet, one-bedroom plans of 730 and 586, two-bedroom plans of 910 and 779, and three-bedroom plans of 1,198 and 988. Section 9.295.020(C)(1) says "Building plan check is not required" for these plans, though a site plan is still reviewed. The City Council agenda of June 3, 2026 lists a resolution amending the plans "to the 2025 Editions of the California Building" codes.
Size, Height and Placement of a New ADU
Section 9.295.020(E)(2) covers new attached and detached ADUs, as opposed to ADUs made inside an existing building. The main standards:
- Size. "The maximum total floor area for an attached or detached accessory dwelling unit is 1,500 square feet."
- Height. "A maximum height of 18 feet for a detached accessory dwelling unit," or 20 feet within one-half mile walking distance of a major transit stop or a high quality transit corridor; an attached ADU may reach 25 feet or the zone height limit, "whichever is lower."
- Side and rear setbacks. "A setback of no more than four feet from the side and rear lot lines shall be required," with none for a converted structure or one rebuilt in the same place and size.
- Front setback. The zone's front setback applies, but it "shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards" and may be reduced as needed.
- Location. ADUs "shall be located to the rear or side of the primary dwelling." Section 9.70.020 lets the Director approve, by minor exception, the "Location of an accessory dwelling unit to the front of a primary dwelling unit."
- Design. The ADU must share at least three of seven traits with the house, such as roof material, roof pitch, eaves and window style. Since 2025, metal and aluminum siding and roofing "shall only be used as decorative accent finishes."
- Stairs and access. Outside stairs to a second-story ADU may not face a public street, and an ADU more than 150 feet from a public right-of-way needs emergency vehicle access set by the Fire Marshal.
The other zone standards, such as building coverage and open space, also apply to a new ADU under Section 9.295.020(E)(2)(g), within the limit that the front setback may not block an 800 square foot unit. The coverage and open space figures by zone are on the parking, setbacks and height page.
The City Text Beside State Law
| Subject | Menifee Section 9.295.020 | State law (Government Code section) |
|---|---|---|
| Approval | Ministerial, through building plan check and a building permit; decision within 60 days | Ministerial; 60 days, then deemed approved (66317) |
| Largest ADU | 1,500 sq ft of floor area, attached or detached | A city may not cap size below 850 sq ft, or 1,000 sq ft with more than one bedroom (66321) |
| Height, detached | 18 ft; 20 ft near a major transit stop or high quality transit corridor | At least 16 ft; 18 ft near transit, plus 2 ft for a matching roof pitch (66321) |
| Height, attached | 25 ft or the zone limit, whichever is lower | The same (66321) |
| Side and rear setbacks | No more than 4 ft; none for a conversion or same-footprint rebuild | No more than 4 ft (66314) |
| Parking | One space; six exemptions; no replacement for a converted garage | No more than one per ADU or per bedroom, whichever is less (66314) |
| Junior ADU | One per lot, inside the house, 500 sq ft at most, own entrance, efficiency kitchen | The same limits (66333) |
| Owner living on site, junior ADU | Covenant that the owner lives in the house or the junior ADU, every case | Only where the junior ADU shares sanitation facilities (66333) |
| Impact fees | None for an ADU "less than 750 square feet" | None at 750 sq ft of interior livable space or less (66311.5) |
| Detached ADUs, apartment lot | Up to 8 on a lot with existing apartments, no more than the existing units; 2 with proposed apartments | The same (66323) |
Sources: Menifee Development Code 9.295.020 as amended by Ordinance LR24-0135; Government Code 66311.5, 66314, 66317, 66321, 66323 and 66333.
Most rows match or exceed state law. Two do not, and the section on differences below explains them. The City text also opens by saying its purpose is consistency with "Government Code Section 65852.2." Since 2024 the state ADU rules sit in Government Code Sections 66314 to 66342, and Article 6 of the Development Code says "State law definitions, as they may be amended from time to time, control over the definitions in this section."
Parking, Utilities and Septic Systems
- One space. "One off-street parking space shall be required for the accessory dwelling unit." It "may be uncovered and shall be permitted in setback areas or as tandem parking," one car behind another.
- No space needed within one-half mile walking distance of public transit; in an architecturally and historically significant historic district; for an ADU inside the house or an accessory structure; where on-street permits are required but not offered; within one block of a car share vehicle; or when the ADU is applied for with a new house or apartment building.
- Garage conversions. When a garage or carport is demolished or converted for an ADU, "replacement spaces are not required."
- Water and sewer. Before a building permit, the applicant gives the City "written certification from the affected water and sewer district(s)" that service is available. An ADU on a septic system needs "a percolation test completed within the last five years," or within 10 years if recertified.
- Moratorium areas. ADUs "shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal," including areas under a sewer moratorium. That rule matters in Quail Valley, covered on the hillside, Quail Valley and fire zones page.
- Street work. Before a building permit, the owner grants an "irrevocable offer of dedication" for any added right-of-way the General Plan calls for, and public improvements "may be required where public health, safety or welfare conditions warrant."
Junior ADUs and Apartment Lots
Section 9.295.020(E)(4) allows "No more than one JADU" per single-family lot, built "entirely within the walled interior area of an existing or proposed primary dwelling," with an attached garage counted as part of the house. A junior ADU "shall not exceed 500 square feet," needs its own entrance and an efficiency kitchen with "A cooking facility with appliances," and needs no added parking. The owner records a deed restriction that bars selling the junior ADU apart from the house.
Section 9.295.020(E)(3) repeats the combinations state law requires a city to approve on any residential or mixed-use lot: one ADU and one junior ADU inside the space of a house or accessory structure, with up to 150 square feet added for an entrance; one new detached ADU of up to 800 square feet with four-foot side and rear setbacks, which may be combined with a junior ADU; ADUs made from non-living space in apartment buildings, "but no more than 25 percent of the existing multifamily dwelling units"; and, since 2025, "No more than eight new detached accessory dwelling units" on a lot with existing apartments, "not exceed the number of existing units," or two with proposed apartments.
Rental terms: an ADU "shall not be rented for less than a 30-day period." An ADU may be sold apart from the house only to a qualified buyer of low or moderate income, where a qualified nonprofit built the home and a recorded tenancy in common agreement meets the listed conditions. No certificate of occupancy, the final sign-off that allows people to live in a building, may be issued for an ADU before the main home receives one.
ADU Fees
The Application Fees FY26/27 list the "Accessory Dwelling Unit" planning application at $2,974.95 plus a $169.57 technology fee, $3,144.52 in total, plus "$597 to Riverside County Environmental Health (Separate Check)." Building permit fees are on a separate building schedule that this guide did not read.
For development impact fees, the one-time charges for parks, roads and public safety, Section 9.295.020(C)(6) says they "shall not be required for an accessory dwelling unit less than 750 square feet in size," and larger ADUs pay in proportion to the main home. The Community Development impact fee memo for July 1, 2026 to June 30, 2027 says "ADU's that are 749 square feet or smaller (livable space, garage not included) are not required to pay Development Impact Fees." The same memo charges the habitat fee, called MSHCP, on an ADU as the per-unit fee times the ADU floor area divided by the main home floor area, and shows the worked example "4,632 x (1,000/2,500) = 1,852.80." School district fees are set by the three school districts the memo names.
SB 9: Two Homes on a Single-Family Lot
SB 9 lets an owner build two main homes on a lot in a single-family zone, with staff approval. Government Code 65852.21 sets the state rules; Menifee's Section 9.296.060 sets its two-unit standards. Table 9.30.090-1 lists "Two-Unit Development (9.296)" as ministerial, decided by the Community Development Director.
| Subject | Rule in Menifee Chapter 9.296 |
|---|---|
| Zone | A single-family residential zone, where the only primary residential use allowed is one home per lot |
| Who may apply | Individual property owners; a community land trust or qualified nonprofit |
| Home size | Each new home 500 to 800 sq ft; an existing larger home may not be expanded |
| Setbacks | Zone setbacks, reduced as needed for two 800 sq ft homes, never under 4 ft from a side or rear line; 10 ft between homes |
| Parking | One space per home; none within one-half mile walking distance of 15-minute bus service or a rail or bus rapid transit station, or one block of a car share location |
| Utilities | Separate connections and meters, electric lines underground, sewer required |
| Ownership | Homes may not be sold separately; owner lives in one home unless the lot came from an SB 9 split |
| Decision | Ministerial, by the Community Development Director, within 60 days or deemed approved |
Sources: Menifee Development Code 9.296.020 to 9.296.060, as amended by Ordinance LR24-0135.
The two-unit standards also require architecture compatible with the main home, three of the same seven traits used for ADUs, and "No bare metal, unpainted or unfinished structures." Lot coverage and open space rules apply "only to the extent that" they do not prevent "two primary dwelling units on the lot of 800 square feet each." On an SB 9 lot, "No more than two dwelling units of any kind may be built," ADUs and junior ADUs included. A lot in a very high fire hazard severity zone must meet the state fire access, water supply and building code rules for that zone.
The statute sets the floor for these numbers. A city may not apply standards "that would physically preclude either of the two units from being at least 800 square feet in floor area," may require "a setback of up to four feet from the side and rear lot lines," and may require "Offstreet parking of up to one space per unit," with none near frequent transit. Menifee's rules sit within those limits. Since 2025 the City text adds the 60-day deadline and, as Government Code 65852.21 does, bars projects on "Housing that has been occupied by a tenant in the last three years."
Where the City Text and State Law Differ
- Junior ADU owner occupancy. Section 9.295.020(E)(4)(j) requires every junior ADU owner to sign a covenant that the owner will live in the house or the junior ADU. Government Code 66333, as amended effective January 1, 2026, requires owner occupancy only "If the junior accessory dwelling unit has shared sanitation facilities," and says it "shall not be required if the junior accessory dwelling unit has separate sanitation facilities." The statute controls.
- Impact fee threshold. The City code exempts ADUs "less than 750 square feet," and the fee memo uses 749 square feet. Government Code 66311.5 bars impact fees on "an accessory dwelling unit that has 750 square feet of interior livable space or less." An ADU of exactly 750 square feet pays no impact fee under the statute, which controls.
- One dwelling per lot. Section 9.295.020(E)(1) and (E)(2) apply to lots that contain "no more than one existing or proposed dwelling" and allow no second ADU except a junior ADU. Section 9.295.020(E)(3) then repeats the state combinations "Notwithstanding the above," including ADUs on apartment lots. Read the lots with apartments under (E)(3) and Government Code 66323.
- The City guidebook. The June 2026 ADU Guidebook lists "Maximum unit size Detached: 1,200 sq. ft." and a "16’ height allowed by-right." The code text, which governs, says 1,500 square feet and 18 feet for a detached ADU. Ask the Planning Division which figures it applies.
- Front yard. Table 9.165.040-1 for accessory structures marks an ADU in the front yard "Not permitted," while Section 9.295.020 says the front setback may be reduced so an 800 square foot ADU fits, and Section 9.70.020 allows a front location by minor exception.
Best For
- ✓ House lots where a detached ADU of up to 1,500 square feet and 18 feet tall fits behind or beside the house with four-foot side and rear setbacks.
- ✓ Owners who use one of the eight permit-ready plans, which skip building plan check under Section 9.295.020(C)(1).
- ✓ Apartment lots with existing buildings, which may add up to eight detached ADUs, no more than the existing units.
Usually Fails When
- ✕ The lot is in an area under a sewer moratorium, where Section 9.295.020 bars ADUs.
- ✕ An SB 9 home is designed larger than 800 square feet, the City cap for each new two-unit home.
- ✕ A plan relies on the 1,200 square foot and 16-foot figures in the guidebook without checking the code text.
What To Verify Before Spending Money
- → Whether the City still asks for an owner-occupancy covenant for a junior ADU with its own bathroom.
- → The building permit fees for the ADU, from the building fee schedule.
- → Which zones the City treats as single-family for SB 9 after the 2025 amendment.
Where to Go Next
Related on VanPlex: the Menifee overview, the California ADU law page and the California SB 9 page.
Frequently Asked Questions
How big can an ADU be in Menifee, California?
How tall can a detached ADU be in Menifee?
What setbacks does an ADU need in Menifee?
Does an ADU need parking in Menifee?
How long does Menifee take to approve an ADU?
What are the Menifee permit-ready ADU plans?
How much does an ADU permit cost in Menifee?
Do I have to live on the property to have a junior ADU in Menifee?
Can I build an ADU in Quail Valley in Menifee?
Can I build two homes on my Menifee lot under SB 9?
Can the two SB 9 homes be sold separately in Menifee?
Official sources (checked October 2026)
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