Richmond | ADUs and SB 9

Richmond, California ADUs and SB 9: The 2020 Code, HCD Findings, the 2026 Ordinance and SB 9 Homes

Richmond, California owners have two state-backed ways to add homes to a house lot. An accessory dwelling unit (ADU) is a second home on the lot with its own kitchen and bathroom, attached, detached or built inside an existing space. A junior ADU (JADU) is a unit of up to 500 square feet inside a single-family house. SB 9 allows two main homes on a lot in a single-family zone. Richmond's ADU rules are in flux: the code text dates from 2020, the state found it out of line in 2024, and the Council adopted a new ordinance in July 2026. This page sets out each layer. The Richmond overview has the summary.

Four Documents, Four Dates

• The code, 2020. Section 15.04.610.020, enacted by Ordinance No. 27-20 N.S. on November 10, 2020, is the ADU text in Municode's Supplement 74. Its last subsection says that "To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control."
• The City's ADU Info Sheet, 2025. A two-page City handout that "offers general guidelines effective January 1, 2025." It follows state law on several points where the 2020 code text does not.
• HCD's findings, October 21, 2024. The state Department of Housing and Community Development (HCD) reviewed Ordinance No. 27-20 and found that it "does not comply with State ADU and JADU Laws in the manner noted below."
• Ordinance No. 11-26 N.S., July 28, 2026. The Council's update of Sections 15.04.104.020, 15.04.201.030, 15.04.201.050 and 15.04.610.020 "to conform with State law." Its text is on the City's eSCRIBE portal, which refused automated file requests, so VanPlex has not read it.

The safest reading for an owner in October 2026 is the state law itself, which controls under the City's own section and which the new ordinance was adopted to match. The table compares the three texts VanPlex could read.

The Code, the Info Sheet and State Law Compared

Sources: Richmond Municipal Code Sec. 15.04.610.020; City ADU Info Sheet; HCD letter of October 21, 2024; Gov. Code 66323, 66321 and 66315.

What the 2020 Code Text Says

Section 15.04.610.020 allows ADUs and JADUs "in zones where single-family or multi-family dwellings are permitted." Approval is ministerial, meaning staff check the plans against fixed rules with no hearing: "No discretionary review may be permitted unless the application includes other work unrelated to the accessory dwelling unit," and "The decision of the Zoning Administrator is final and no appeal may be filed." Applications "shall be approved or disapproved within 60 days of receiving a completed application if there is an existing dwelling on the lot."

• Size. Up to "850 square feet for a studio or one bedroom or 1,000 square feet for a unit that contains two or more bedrooms."
• Setbacks. "Side and rear setbacks shall be no less than four feet," and none for a conversion of existing space.
• The 800 square foot floor. Lot coverage, floor area, open space and size limits "must permit or shall be waived to allow an 800 square feet detached or attached accessory dwelling unit 16 feet high with four-foot side and rear yards."
• Design. Materials and colors "shall match" the house, the roof slope must match its main roof slope, and windows 12 feet above the floor must be frosted clerestory windows.
• Parking. None for an ADU within one-half mile walking distance of public transit, in a historic district, inside an existing structure, where permits are not offered, or "within one block of a car-share pick up/drop-off location." A garage converted to an ADU need not be replaced.
• Fees. "No impact fees may be imposed on a junior or accessory dwelling unit that is less than 750 square feet in size." Larger units pay "proportionately in relation to the square footage of the primary dwelling unit."
• Utilities. Conversions and JADUs need no new utility connection, and "fire sprinklers shall not be required" if the house does not need them.

What HCD Found in October 2024

HCD's letter to the Community Development Director lists numbered findings and gave the City "up to 30 days to respond." The findings that matter most to an owner:

• Height. The ordinance "makes numerous references to a height limit of 16 feet," while state law "permits heights up to 16,18, 20 or 25 feet, under certain conditions."
• Unit combinations. The ordinance "limits ADU development to one format per lot." HCD read state law to let an owner create "one converted ADU; one detached, new construction ADU; and one JADU."
• Location. The rule that an ADU "shall be located behind the primary dwelling" acts like a front setback, and front setbacks "cannot preclude the development of an 800 square foot ADU."
• Deed restriction. "A deed restriction would be an 'additional standard' and thus cannot be imposed."
• Kitchens and conversions. State law allows an efficiency unit, and conversions need not be "legally in existence."
• JADUs. A JADU may be built in an attached garage, and one JADU is allowed per lot "regardless of what type of ADU" is present.

HCD told the City it could either amend the ordinance or keep it with written findings explaining why it complies, and that otherwise HCD may notify the Attorney General. The 2026 ordinance is the City's amendment.

The 2026 ADU Ordinance

The Planning Commission held a public hearing on April 2, 2026 on "PLN25-019 ADU Code Up-Date," zoning text changes "to align with State Law (California Government Code Sections 66310 through 66342)." The City Council held its hearing on July 21, 2026; the minutes record that "There were no public speakers" and that first reading passed 7 to 0. On July 28, 2026 the Council adopted the ordinance as Ordinance No. 11-26 N.S. VanPlex could not read the adopted text or confirm its effective date. Until the code shows it, ask the Planning Division at 510-620-6706 for the current ADU standards, and rely on the state rules below, which the City must apply in any case.

What State Law Guarantees

• Combinations. Government Code 66323 requires a city to approve "any of the following units, or any combination of the following units," including a converted ADU and a JADU and "One detached, new construction, accessory dwelling unit" with four-foot side and rear setbacks.
• Apartment lots. On "a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units," never more than the existing units, plus conversions of up to 25 percent of the existing units in non-living space.
• Height. Government Code 66321 protects 16 feet for a detached ADU, 18 feet within one-half mile walking distance of a major transit stop or high-quality transit corridor plus two feet for a matching roof pitch, and 25 feet or the district limit for an attached ADU.
• Owner occupancy. Government Code 66315 bars "an owner-occupant requirement" for ADUs, while allowing a rule that rentals run 30 days or longer.
• Fees. Government Code 66311.5 bars impact fees on an ADU with "750 square feet of interior livable space or less."

Applying in Richmond

The City's ADU page says "The first step in the permitting process to develop an ADU/JADU is to obtain approval from the Planning Division. Once approved, you can then obtain a building permit from the Building Division." Applications go through the City's online permitting portal, IMS, or in person at 450 Civic Center Plaza. The City offers pre-approved ADU plans "free of charge," though an applicant must still hire a contractor or civil engineer for site-specific foundation details. The FY 2026-27 Master Fee Schedule sets the zoning compliance review at $1,466 for an attached or detached ADU, $1,170 for a conversion and $880 for a JADU.

ADUs are Richmond's steadiest source of new homes. The ADU page says "Since 2019, the city of Richmond has permitted the construction of 372 ADUs," as of January 1, 2025, and the Housing Element Progress page says ADUs account "for 157 of the 278 permitted units (56%) and 109 of the 202 completed units (54%)" in the above-moderate income group.

SB 9 Two-Unit Projects

Sources: City of Richmond SB 9 Checklist, Dwelling Unit and SB 9 Application; Gov. Code 65852.21.

Supplement 74 has no SB 9 section; the only mention is the form-based code's exclusion of "Dwelling Units constructed pursuant to SB 9." Richmond applies Government Code 65852.21 through its own forms. An SB 9 dwelling unit application needs the SB 9 form, a title report from the last three months, the single-family design review checklist, a signed "Dwelling Unit Deed Restriction Agreement," and, for a project without a lot split, an ADU application. Projects must meet "all objective zoning and development standards in effect at the time the application is submitted," unless they would block two 800 square foot units.

The application asks whether existing housing has had rental tenants in the last three years and says "This information can be obtained from the Rent Program," "Is the housing development subject to rent control?" and whether "any Ellis Act eviction(s)" happened in the last 15 years. Those answers decide many Richmond SB 9 projects, because the City's rent ordinance covers many older rental buildings. The rent control and demolition page explains which homes are covered.

Richmond is a charter city, a city governed by its own charter instead of the general state rules for cities. Its charter was "voted for and ratified by the qualified voters of said City at a special municipal election held therein for that purpose on the 9th day of February, 1909." SB 9 applies anyway: both SB 9 statutes define a local agency as a city "whether general law or chartered."

Where City Documents, the Code and State Law Differ

• The 2020 code caps ADUs at 16 feet; the Info Sheet and Government Code 66321 allow 18 feet near transit and 25 feet for attached ADUs. The statute controls.
• The 2020 code allows up to two detached ADUs on a lot with existing apartments; the Info Sheet and Government Code 66323 allow up to eight. The statute controls.
• The 2020 code requires a recorded deed restriction for every ADU; the Info Sheet says "ADUs do not require a deed to be filed," and HCD found the requirement barred by Government Code 66315.
• The code bars impact fees on ADUs "less than 750 square feet"; Government Code 66311.5 bars them at "750 square feet of interior livable space or less." A 750 square foot ADU pays none.
• The Info Sheet requires owner occupancy for every JADU; Government Code 66333 allows that only where the JADU shares sanitation facilities with the house.
• The code text in Supplement 74 predates Ordinance No. 11-26 N.S. of July 28, 2026, which VanPlex could not read.

Where to Go Next

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

Frequently Asked Questions

Official sources (checked October 2026)