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

Salinas | ADUs and SB 9

Salinas 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 built inside a house. SB 9 is the 2021 state law that lets an owner build two main homes on a house lot. Salinas rewrote its rules for all three in the Zoning Code Update Phase 1 ordinance, which the City Council adopted on September 1, 2026 and which is in force from October 1, 2026. This page reads those new sections against state law. See the Salinas overview for the whole guide.

Salinas ADUs and SB 9 in six facts

How the ADU Rules Changed in 2026

Salinas had an ADU section, 37-50.250, from its 2006 Zoning Code, amended by Ordinance No. 2581 in December 2016 and Ordinance No. 2626 in November 2019. Ordinance No. 2693, adopted February 24, 2026, repealed it, and the use tables then said ADUs "shall be permitted pursuant to State ADU law." Supplement 110 of the code, the version on Municode today, still prints Section 37-50.250 as "Reserved."

The Phase 1 ordinance adds a new Section 37-50.250, "Accessory dwelling units." It opens by saying its purpose "is to comply with the requirements of the California Government Code relating to accessory dwelling units" and that "Where a conflict occurs between this section and applicable State law, State law shall prevail." The August 18, 2026 staff report lists ADU rules among the changes "for compliance with State housing law." The ordinance "shall take effect and be in force thirty days from and after its adoption," which puts the start date at October 1, 2026.

The new section sets up two paths. The first is for the ADUs that state law, in Government Code 66323, says a city must approve, with only a few fixed standards. The second is for every other ADU, which must meet the City's size, height and setback standards and the district's "objective development standards, including limits on lot coverage, objective design standards, floor-area ratio, open space, front setbacks, and minimum lot size." Both paths use a building permit "with ministerial planning review," a staff check against fixed rules with no hearing.

ADU Sizes, Heights and Setbacks

Type Size Height Setbacks
Converted ADU (house lot) Existing space; up to 150 sq ft added for entry Within existing space Enough for fire and safety
Detached ADU, state minimum (house lot) Up to 800 sq ft livable space 16 ft (18 ft near major transit) No front setback; 4 ft side and rear
Detached ADU, City standards 150 to 1,200 sq ft gross floor area 16 ft, plus 2 ft for a matching roof pitch 4 ft side, street side and rear
Attached ADU 150 sq ft up to 50% of the house, at least 850 or 1,000 sq ft allowed 2 stories and 25 ft, or the zone limit if lower 4 ft side, street side and rear
Junior ADU 150 to 500 sq ft inside the house Inside the house Inside the house
ADUs on apartment lots Converted: at least 1, up to 25% of the homes; detached: 2 (new) or up to 8 (existing) 16 ft, or 18 ft beside a multistory building No front setback; 4 ft side and rear

Source: Salinas Municipal Code Section 37-50.250 as added by the Phase 1 ordinance, in force October 1, 2026; Government Code 66321 and 66323.

On a lot with a house, the state-law path allows one ADU "within the existing or proposed space of a single-family dwelling or accessory structure," one junior ADU inside the house, and "One detached, new construction accessory dwelling unit that does not exceed eight hundred square feet of livable space." The section says these "may be combined on one lot." A converted accessory structure may grow by "not more than one hundred fifty square feet" for an entrance, and "No minimum setback shall be required in the front yard" for these units.

Under the City standards, "The total floor area of a detached accessory dwelling unit shall not exceed a maximum of one-thousand two-hundred square feet of gross floor area," and every ADU must be at least 150 square feet. A detached ADU may be sixteen feet tall, or eighteen feet "within one-half mile walking distance of a major transit stop or a high-quality transit corridor" or beside a multistory apartment building, and "may be up to two stories" within those heights. Two more feet are allowed for a roof pitch that matches the house. An attached ADU may be "two stories and twenty-five feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower."

On a lot with apartments, owners may convert space "not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages" into at least one ADU and up to 25 percent of the number of existing apartments. They may also add detached ADUs: "not more than two" with a proposed apartment building, or "not more than eight" with an existing one, never more than the number of existing homes on the lot.

Process, Parking and Other ADU Rules

  • Completeness. The City "shall provide written notice of this determination to the applicant no later than fifteen business days after the City receives the application."
  • Decision. The City acts within sixty days of a complete application where a home already exists on the lot. If it does not, the application "shall be deemed approved." Denials come with "a full set of comments," and appeals get a written decision within sixty business days.
  • Parking. "No parking shall be required" for a state-law ADU. Others need at most "one parking space ... per accessory dwelling unit or per bedroom, whichever is less," with none near public transit, in historic districts, inside the house, where on-street permits are not offered, or near a car share.
  • Replacement parking. When a garage or carport is demolished or converted for an ADU, "replacement parking is not required."
  • Owner occupancy. "Owner occupancy is not required on a property with an accessory dwelling unit."
  • Fire sprinklers. Not required in an ADU if the house does not need them.
  • Rentals. ADUs and junior ADUs must be rented "for a term longer than thirty days," and may not be occupied before the City approves occupancy of the main home.
  • Sale. An ADU may be sold separately only under Government Code 66341 or as a condominium under 66342.
  • Fixing old problems. Until January 1, 2030, the owner of an ADU built before January 1, 2020, among other cases, may ask for a five-year delay in enforcing a building standard that is not a health and safety issue.

Junior ADUs have their own list. A junior ADU must be "within the walls of the primary single-family dwelling, including, but not limited to, an attached garage," between 150 and 500 square feet, one per lot, with an efficiency kitchen and a separate outside entrance. No parking is required. "Owner-occupancy shall be required if a junior accessory dwelling unit shares sanitation facilities with the existing structure," and a deed restriction must be recorded before the building permit.

ADU Fees

Section 37-50.250 says "Impact fees shall not be imposed on an accessory dwelling that is less than seven hundred fifty square feet in floor area, or any junior accessory dwelling unit with five hundred square feet or less of interior floor area," and larger ADUs pay "proportionately to the square footage of the primary dwelling unit." A unit of less than 500 square feet of livable space pays no school fee, citing Education Code 17620. An ADU is not "a new residential use" for water and sewer connection fees unless it is built with a new house.

Chapter 9 of the code still carries older text. Sections 9-44(d), 9-50.80.1(d) and 9-50.95.35 say ADUs "shall be exempt from development impact fees for a period of five years from the effective date of this revision," added by Ordinance No. 2616 of March 19, 2019. Five years from a 2019 revision ran out in 2024, so ask the City whether it still applies any part of that exemption. The permits and fees page lists the 2026-27 impact fee amounts.

SB 9 Two-Unit Projects in the R-L District

Topic Rule
Where Only on lots completely within the R-L district
Homes Two main homes, plus two ADUs or one ADU and one JADU without a lot split
Size 800 sq ft per home allowed regardless of coverage, floor area ratio, open space and front yard limits
Setbacks Side and rear: maximum 4 ft; front: R-L rules unless needed for 800 sq ft
Parking 1 space per home; none within one-half mile walking distance of a major transit stop or high-quality transit corridor, or near car share
Rentals At least 31 days; short-term rental prohibited
Approval Administrative permit by the community development director, no notice, 60 days

Source: Salinas Municipal Code Section 37-50.335 as added by the Phase 1 ordinance; Government Code 65852.21.

The new Section 37-50.335, "SB 9 Units - Two-unit residential developments," carries out Government Code 65852.21 "in the R-L district." The Planning Commission draft of the ordinance defines a two-unit residential development as "a residential development containing no more than two primary dwelling units on a single lot or parcel within a single-family residential zone." The site must be "completely within the R-L district," a legal lot, and clear of the listed exclusions: wetlands, hazardous waste sites, fault zones, 100-year flood zones unless FEMA conditions are met, floodways, protected habitat, conservation easements, historic landmarks and districts, and housing that is rent restricted or was "occupied by a tenant in the last three years."

The homes may take five forms: a new home inside an existing house, inside an existing accessory building or garage, attached to either, detached on the same lot, or "Two newly constructed attached units (duplex) or two detached residential units on a vacant lot." Each home is allowed at "A maximum 800-square-foot" size with "four-foot side and rear setbacks," "notwithstanding limits on lot coverage, floor-area ratio, or requirements for usable open space, front yard and street side yard setbacks, or landscaping." Every unit must be at least seven feet wide in any direction.

Section 37-50.335 bans any "short-term rental" of the new homes or the existing house, requires rental terms that "shall not be less than 31 consecutive days," and says a project "shall not include a request for an exception" through a variance or other discretionary permit. Lots already holding two or more main homes, or any nonresidential use, may not use the section. Each home must face a public street or have permanent access to one, with a covered front entry and a walkway.

Approval is an administrative permit "reviewed and approved ministerially, without any public notice or a public hearing." The community development director "shall either approve or deny the application within 60 days" of a complete application, and the time stops while the applicant revises plans. If no decision comes in the time state law requires, "the application shall be deemed approved to the extent required by State law." The lots and subdivisions page covers the lot split that can go with an SB 9 project.

Where City Text and State Law Differ

  • ADU impact fee line. Section 37-50.250 waives impact fees for an ADU "less than seven hundred fifty square feet." Government Code 66311.5 bars impact fees on an ADU "that has 750 square feet of interior livable space or less." The statute controls, so a 750 square foot ADU pays none.
  • Table numbers. Section 37-50.335 sends readers to "Table 37-50.46" for its SB 9 standards; the table it prints is titled "Table 37-50.85." Its height and front yard rows say "See Table 37-30.30," which is the R-L use table; the R-L height and yard limits are in Table 37-30.40 in Section 37-30.070, with a 30 foot height limit and a 20 foot front yard.
  • Old fee exemption. Chapter 9 still prints a five-year ADU impact fee exemption from 2019, while the new ADU section sets the 750 square foot rule. The newer section and the statute describe the rule in force.
  • Council PDF. The PDF of the ordinance in the Council record prints page 12 twice and has no page 11, which holds the definitions starting with S, T and U. The Planning Commission draft in the same record carries them.

The new City sections follow state law closely. The ADU height limits match the floors in Government Code 66321, the junior ADU owner occupancy rule matches Government Code 66333, and the ADU section requires no owner occupancy for ADUs, as Government Code 66315 requires. The California ADU law page explains the state rules.

Best For

  • ✓ House lots with room for a detached ADU of 800 square feet behind the house, approved on the state-law path with no parking.
  • ✓ R-L lots with no tenants in the last three years, for two 800 square foot SB 9 homes plus ADUs.
  • ✓ Existing apartment lots, which may add up to eight detached ADUs.

Usually Fails When

  • ✕ The SB 9 lot is partly outside R-L, holds a historic landmark, or had a tenant in the last three years.
  • ✕ The plan treats an ADU or SB 9 home as a short-term rental.
  • ✕ A detached ADU on the City path goes over 1,200 square feet.

What To Verify Before Spending Money

  • → Whether the lot is within one-half mile walking distance of a major transit stop, for height and parking.
  • → The FEMA flood zone, which can bar an SB 9 project.
  • → Whether the City still applies any part of the 2019 ADU fee exemption.

Where to Go Next

Lots and Subdivisions
SB 9 lot splits and SB 684 maps.
Parking, Setbacks, Height
The R-L limits SB 9 homes follow.
Rent and Tenant Rules
Renting an ADU in Salinas.

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

Frequently Asked Questions

How big can an ADU be in Salinas? +
A detached ADU in Salinas may have up to 1,200 square feet of gross floor area under the new Section 37-50.250, in force from October 1, 2026. An attached ADU may be up to 50 percent of the house, but the City must allow at least 850 square feet for one bedroom or 1,000 square feet for more. A junior ADU is capped at 500 square feet inside the house.
How many ADUs can I build on a Salinas house lot? +
A Salinas house lot can take one ADU converted from existing space, one junior ADU inside the house, and one detached new ADU of up to 800 square feet, combined on one lot under the state-law path in Section 37-50.250(b). The City adds one more ADU per lot that may be attached, inside or detached under its own standards, and says it "may be combined" with the state-law units.
Do I have to live on the property to build a Salinas ADU? +
No, for an ADU. Salinas Section 37-50.250 says "Owner occupancy is not required on a property with an accessory dwelling unit." A junior ADU is different: the owner must live in the house only if the junior ADU shares bathroom facilities with it, and a deed restriction recorded with the Monterey County recorder bars selling the junior ADU apart from the house.
Does a Salinas ADU need parking? +
A Salinas ADU built under the state-law path needs no parking. For other ADUs, Section 37-50.250 requires at most one space per unit or per bedroom, whichever is less, and none within one-half mile walking distance of public transit, inside the house or an accessory structure, or near a car share. A demolished or converted garage needs no replacement parking.
Was there a time when Salinas had no ADU ordinance? +
Yes. Ordinance No. 2693 of February 24, 2026 repealed the old Salinas ADU section, 37-50.250, and the use tables said ADUs were allowed "pursuant to State ADU law." The Phase 1 ordinance adopted September 1, 2026 wrote a new Section 37-50.250, in force from October 1, 2026. Supplement 110 on Municode still shows the section as Reserved.
Can I build two houses on my Salinas lot under SB 9? +
Yes, if the lot is entirely in the Salinas R-L district and meets the site tests. Section 37-50.335 permits a two-unit residential development: two main homes, each allowed at 800 square feet with 4 foot side and rear setbacks, plus up to two ADUs or one ADU and one junior ADU. Lots with tenants in the last three years, historic landmarks or unmet flood conditions are excluded.
Can I rent out SB 9 homes in Salinas for short stays? +
No. Salinas Section 37-50.335 prohibits short-term rental of any SB 9 home and of the existing house on the lot, and any existing short-term rental must stop before the new home gets a certificate of occupancy. If rented, an SB 9 home needs terms of at least 31 consecutive days. ADUs and junior ADUs must be rented for terms longer than 30 days.
How long does Salinas take to approve an SB 9 project? +
The Salinas community development director must approve or deny a complete SB 9 application within 60 days under Section 37-50.335, as an administrative permit with no public notice or hearing. The clock stops while the applicant revises plans after a correction letter. If a lot split is part of the plan, the split must be finished before the City accepts the building permit application.
Does a Salinas ADU pay impact fees? +
A small one does not. Salinas Section 37-50.250 bars impact fees on an ADU "less than seven hundred fifty square feet" and on a junior ADU of 500 square feet or less. Government Code 66311.5 sets the line at 750 square feet "or less," so a 750 square foot ADU pays none under the statute, which controls. Larger ADUs pay fees in proportion to the house.
Can an SB 9 home in Salinas be taller than one story? +
Yes. Salinas Section 37-50.335 sends SB 9 height to the R-L rules, which allow 30 feet, and sets no one-story limit. In established neighborhoods the R-L infill rules in Section 37-50.110 cap new houses at two stories, and at the tallest roof on the block face or 30 feet, whichever is more; ask the Planning Division whether it applies them to an SB 9 home.

Official sources (checked October 2026)

Zoning Code Update Phase 1 ordinance, Sections 37-50.250 and 37-50.335, City Council record (PDF)
https://legistar2.granicus.com/salinas/attachments/76670215-cc00-4892-a987-ad52555721f9.pdf
Zoning Code Update Phase 1 ordinance, Planning Commission draft with definitions (.docx)
https://legistar2.granicus.com/salinas/attachments/b6c01c21-21db-490f-99b5-b9a57b02614a.docx
City Council staff report on the Phase 1 ordinance, August 18, 2026
https://legistar2.granicus.com/salinas/attachments/6cabda3b-bade-4162-bc61-ee0d626e39d7.docx
Salinas Municipal Code, Section 37-50.250, Reserved note (Supplement 110 - 07-26)
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH37ZO_ARTVSUREAPALDI_DIV1SPREAPALDI_S37-50.250RE
Salinas Municipal Code, Section 37-30.060, R-L use classifications
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH37ZO_ARTIIIBADIRE_DIV2RERDI_S37-30.060USCL
Salinas Municipal Code, Section 37-30.070, R-L development regulations
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH37ZO_ARTIIIBADIRE_DIV2RERDI_S37-30.070DERE
Salinas Municipal Code, Section 37-50.110, infill development in R-L
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH37ZO_ARTVSUREAPALDI_DIV1SPREAPALDI_S37-50.110INREDEDI
Salinas Municipal Code, Section 9-44, impact fee exemptions
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH9BU_ARTVDEIMFE_S9-44EXCR
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 66315 (no added ADU standards)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66315
Government Code 66321 (ADU size and height floors)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66321
Government Code 66322 (ADU parking)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66322
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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