A project of the Santa Clara County Planning Collaborative

A project of the Santa Clara County Planning Collaborative

5 Permitting

THE PERMIT PROCESS CAN BE STRAIGHT-FORWARD if you are prepared and understand what to expect. You should have an idea of how the process works from your conversations with planning staff, and your designer should be familiar as well. Permitting starts with an application package and ends with a building permit, which allows you to start construction.

FAQs

Here are a few of the most frequently asked questions about permitting. See the content below and our ADU Guidebook for more guidance, resources, and tips for all steps of the process.

Submitting an application is different in each city. Some have online portals while others ask for multiple sets of paper copies on various sizes of paper. Some cities require one application package, while otherwise require separate processes from the Planning and Building departments. Check with your City to confirm the application process and requirements and for details about permit materials.

Some cities may require homeowners to upsize service and or meters to meet capacity requirements. Check Local ADU Rules and talk with staff to learn more about local requirements for utilities.

In most cases, state law no longer allows cities and counties to comment on pre-existing zoning issues unrelated to the ADU. For example, you should not receive comments about correcting the main house or a fence unrelated to the ADU, unless there is an obvious public safety issue.

STEP-BY-STEP

Permitting Your ADU

BEFORE YOU BEGIN:

Prepare your application package

Once your ADU plans are finalized, you and your designer or contractor will submit your application package for approval. 

Your designer or contractor will submit your application package to the City for approval. You should have an idea of how permitting and approval works from your conversations with staff, and your designer should be familiar with the process as well. Your team will lead the process to prepare an application package.

Application requirements vary by city, but applications typically include:

  • Site plan (depicting existing and proposed structures)
  • Building/architectural plans (floor plans, elevation plans, and details)
  • Structural plans (foundation plan, framing plans, and associated details)
  • Other items (Title 24 energy calculations, deed restriction, address assignment form, or other materials required by your City)

Some cities have an ADU permit application or submittal requirements checklist that outlines all the required documentation and materials that must be submitted. Contact City staff to learn about your City’s application process and requirements.

Helpful Tools

Submit your application

Submitting an application is different in each city. Some have online portals, and others ask that multiple sets of paper copies be submitted in-person. Some fees may be due when submitting your application, and some may be due later. Check Local ADU Rules for more details.

After your application is submitted, the first step will be for the City to review it for completeness. They will confirm your application is complete (meaning you correctly submitted all required materials and details) and then other departments and agencies will begin their review.

Revise your application

Your City will complete their review and provide any comments within 60 days, although cities often act more quickly. Most likely, this review will happen by staff (no hearings), but in less common instances, an additional permit or public hearing may be required. 

If your City requires any modifications to your plan, your team will revise and resubmit the application. Under state law, agencies/departments reviewing your plans must provide a full set of comments with a list of incorrect items and how those can be fixed. Many cities allow you to check your permit status online.

Receive permits

After your application is approved, staff will let you know that your permit is ready and how you can receive it. Once you have paid any remaining fees and you have your permit, you can begin construction. Often permits must be displayed at the site. They are usually valid for 180 days and often renew automatically as long as construction is ongoing and inspections are occurring. 

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