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New 2027 ADU laws: two backyard ADUs on one lot, smaller fees

From January 2027, California cities must approve two new detached ADUs instead of one, and impact fees above 750 sq ft shrink. Your yard may still say one.

Amiari Construction · Published Oct 17, 2026 · Last reviewed Oct 15, 2026 · 3 min readinShare
A small dark-sided backyard cottage with a patio and a front walk, a larger house visible behind it
A small detached ADU in Bend, Oregon · Photo: Sightline Institute, CC BY 2.0 (retouched)
In short
  • From January 1, 2027, California cities must approve two new detached ADUs on a single-family lot instead of one (AB 956).
  • For up to two ADUs on a lot, one over 750 square feet will pay impact fees only on the area above 750 (SB 1117).
  • On many Peninsula lots, the fire hose path, the walls near the lot line and what runs under the yard will decide whether a second one fits.

One becomes two

Example lot seen from behind: lot lines, the street beyond, and a house with a 20-foot rear yard markedIllustrative drawing
01 / 07

An example lot, 50 by 150 feet, where the house must keep a 20-foot rear yard, as in Palo Alto and Menlo Park [6].

Illustrative drawing of an example lot, 50 by 150 feet: one ADU becomes two, and the checks that decide the fit

News · September 29, 2026 · From January 1, 2027, California cities must approve two new detached ADUs on a single-family lot instead of one. [1][2]

SB 1117 trims impact fees on bigger ADUs [3].

The catch: on many Peninsula lots the yard runs out first, and Menlo Park Fire's longer hose allowance, written for driveways serving one or two homes, may not stretch to a house and two cottages [7].

What changes for ADUs on January 1, 2027?

Two detached ADUs. Each may sit 4 feet from the side and rear lines, though the city can cap each at 800 square feet and apply state height limits [1][4]. Once two detached ADUs are built, the city no longer has to approve a junior ADU on that lot, though it may [1].

Smaller fees on bigger units. ADUs of 750 square feet or less pay no impact fees [5][4]. From 2027, for up to two ADUs on a lot, a bigger one pays impact fees only on the area above 750, still scaled to the house's size [3]. A 1,000-square-foot ADU is charged on 250 square feet, not 1,000. SB 1117 doesn't cut sewer or water connection charges, and school districts can still charge on ADUs of 500 square feet or more [3][4].

Will two ADUs fit on your lot?

On many Peninsula lots, the yard runs out before the law does. Picture an example lot, 50 by 150 feet, where the house must keep a 20-foot rear yard, as in Palo Alto and Menlo Park [6]. If the house was built right to its line, the cottage's 4-foot setback leaves a strip 16 feet deep [1]. Many houses sit farther forward. Three things decide if a second fits:

  • The fire hose has to reach. Every first-floor outside wall must be within 150 feet of the fire department's access road, usually the street, measured along the path around the building [7][8]. On a deep lot, a second cottage behind the first can have walls past that line. Menlo Park Fire can allow 200 feet, measured from the street to the home, for a sprinklered home under 3,600 square feet, but only for driveways serving one or two homes. A house and two cottages make three [7].

  • Walls near the line change. A wall under 5 feet from a lot line (3 with sprinklers) must be fire-rated [9]. Without sprinklers, a cottage on the 4-foot line can have windows on only a quarter of that wall.

  • What runs under the yard. Sewage drains by gravity, usually at a slope of at least a quarter inch per foot, and a cottage that sits too low needs a pump [10]. Any oak from 10 inches across is protected in San Mateo, and native oaks in Menlo Park [11][12]. For more power, the state's target for PG&E's steps on a new electric service line is 182 days on average [13].

What rent and property tax come with a second ADU?

As of October 2026, HUD's benchmark studio rent, utilities included, is $2,574 a month in the San Francisco area, which includes San Mateo County, and $2,621 around San Jose, after local agencies asked HUD to recheck [14][15][16][17]. Both counties tax a finished ADU on its own value, without reappraising the house [18][19]. Will it pay for itself? See our ADU payback guide.

Before you pay for drawings

Before anyone draws, check the yard, the trees, the hose path, the sewer and the power. Ask the city, in writing, whether it will apply the new law on January 1 even if its rules lag, and ask the fire agency where it measures from.

Amiari Construction builds ADUs and additions on the Peninsula.

How we checked this: In October 2026, Amiari Construction read both laws' official text and checked HCD guidance, the fire, building and plumbing codes, two cities' tree rules, PG&E's state timelines, HUD rents and state tax rules.

Step by step

01Get a lot checkMeasure the yard, the trees and the hose path, and find the sewer line and the power service.
02Ask in writingAsk the city how it will apply the new law, including a junior ADU with two detached ones, and ask the fire agency where it measures from.
03Size each unit on purposeFrom January 2027, past 750 square feet you pay impact fees only on the extra, for up to two ADUs.

From the job

Wood footing forms in a back yard, with a fenced tree protection zone and its sign just behind them
Footings laid out beside a tree protection zone · Job photo · San Mateo · Foundation
Footing forms and rebar laid out in a back yard, close to the back of the house and the rear fence
Footings for a new room, between the house and the back fence · Job photo · San Mateo
AMI

“Once the law allows two cottages, walk the yard with a tape measure before you fall for a floor plan.”

From Amiari
Sources
  1. AB 956 (Quirk-Silva), Chapter 791, Statutes of 2026: chaptered text and history (read in the legislature's own data download)Read Oct 15, 2026
  2. Office of the Governor, housing bill signings, September 29, 2026Read Oct 15, 2026
  3. SB 1117 (Cervantes), Chapter 809, Statutes of 2026: chaptered text and history (read in the legislature's own data download)Read Oct 15, 2026
  4. California Department of Housing and Community Development, ADU Handbook (March 2026)Read Oct 15, 2026
  5. SB 543 (Chapter 520, Statutes of 2025): Government Code §66311.5 (fees by interior livable space) and §66321 (size limits measured in interior livable space)Read Oct 15, 2026
  6. Palo Alto Municipal Code §18.12.040 and Menlo Park Municipal Code §16.16.030, single-family rear yardsRead Oct 15, 2026
  7. Menlo Park Fire Protection District, Standards and Guidelines Manual (2025): driveways for one or two residences, and private roads for three or moreRead Oct 15, 2026
  8. California Fire Code (2025) §503.1.1, fire apparatus access: 150 feet, measured around the buildingRead Oct 15, 2026
  9. California Residential Code §R302.1 and Tables R302.1(1) and (2), exterior walls and openings near a lot lineRead Oct 15, 2026
  10. California Plumbing Code (2025) §718.1 (sewer slope) and §710.2 (sumps and ejectors)Read Oct 15, 2026
  11. Menlo Park Municipal Code Chapter 13.24, heritage treesRead Oct 15, 2026
  12. City of San Mateo, Protected Trees Administrative GuidelinesRead Oct 15, 2026
  13. California Public Utilities Commission, energization timelines fact sheet (September 2024)Read Oct 15, 2026
  14. HUD, Fiscal Year 2027 Fair Market Rents scheduleRead Oct 15, 2026
  15. HUD, Fair Market Rents for Fiscal Year 2027, Federal Register notice (September 1, 2026): effective October 1, 2026; rents include utilitiesRead Oct 15, 2026
  16. HUD, Reevaluation Requests for FY 2027 Fair Market Rents: San Jose-Sunnyvale-Santa Clara keeps its FY 2026 rents as of October 1, 2026Read Oct 15, 2026
  17. HUD, Fiscal Year 2026 Fair Market Rents schedule (San Jose studio: $2,621)Read Oct 15, 2026
  18. San Mateo County Assessor, Accessory Dwelling UnitsRead Oct 15, 2026
  19. California State Board of Equalization, Assessors' Handbook Section 410, Assessment of Newly Constructed Property (only the new part gets a new base year value)Read Oct 15, 2026

Last reviewed Oct 15, 2026

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Will two fit on your lot?Send us your address. We'll look at the yard, the hose path, the sewer and the power, and tell you what to ask the city before anyone draws.
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