San Joaquin County

Stockton ADU rules

Research summary of local ADU rules on file for Stockton in San Joaquin County. Not a determination for a specific lot.

City or county ADU page

Stockton ADU page

Check any California address for free

Stockton rules on file

Local rules recorded in this project for this jurisdiction. Where a city figure on file is stricter than the state baseline on file, both are shown.

Local ADU rules

Stockton rewrote its ADU and JADU rules (Stockton Municipal Code § 16.80.310) with Ordinance 2026-05-12-0901, adopted May 12, 2026. The code says state ADU law overrides any conflicting local standard.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310 (intro), accessed 2026-10-24.

Review

ADUs and JADUs get a ministerial building permit, with no discretionary review or hearing. The City decides within 15 business days whether an application is complete and acts within 60 days.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(A), accessed 2026-10-24.

Number of units

Single-unit lots: one attached ADU and/or one JADU, one new detached ADU (which can be combined with a JADU), plus one ADU in converted space of the home or an accessory structure. Existing multifamily: converted ADUs (at least one, up to 25%) and up to 8 detached ADUs (not more than existing units). Proposed multifamily: up to 2 detached ADUs. A lot created by an SB 9 or similar split may have only one ADU.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(C), accessed 2026-10-24.

Size

Detached ADU: up to 1,200 sq ft. Attached ADU: up to 50% of the main home or 850 sq ft, whichever is greater. JADU: up to 500 sq ft of interior livable space.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(D), accessed 2026-10-24.

Setbacks

Attached and detached ADUs may be within 3 ft of the rear, side and street-side lot lines. Converted existing space, or a structure rebuilt in the same place and size, needs no added setback.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(D)(2), accessed 2026-10-24.

Height

Attached ADU: two stories and 25 ft or the zone's limit, whichever is lower. Detached ADU: 16 ft for one story and 25 ft for two stories; 18 ft near a major transit stop or high-quality transit corridor or with a multistory multifamily building, plus 2 ft to match the main home's roof pitch.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(D)(3), accessed 2026-10-24.

Parking

No off-street parking is required for ADUs or JADUs, and parking lost when a garage or carport is converted or removed need not be replaced.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(E), accessed 2026-10-24.

Rentals and condo sale

ADUs and JADUs may be rented for terms of at least 30 days. An ADU may be sold separately as a condominium under Gov. Code §§ 66341-66342 and the City's conditions.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(F), accessed 2026-10-24.

Owner occupancy

No owner occupancy for ADUs. A JADU needs an owner living on site only if it shares sanitation facilities with the main home.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(G)-(H), accessed 2026-10-24.

Fees

No impact fees for ADUs under 750 sq ft or JADUs of 500 sq ft or less; larger ADUs pay in proportion. ADUs and JADUs under 500 sq ft pay no school fees.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(I), accessed 2026-10-24.

Delay of enforcement

Until January 1, 2030, an owner of an ADU or JADU who gets a notice to correct may ask for a 5-year delay in enforcing a building standard that is not a health and safety issue, under Gov. Code § 66331.

Source: City of Stockton Ordinance 2026-05-12-0901 amending SMC § 16.80.310 (eCode360 laws), SMC § 16.80.310(J), accessed 2026-10-24.

City ADU plans

The City posts ADU plans it has reviewed (AB 1332) to speed plan review; site-specific design and Planning review are still required, and the plans cannot be used in FEMA flood hazard areas.

Source: City of Stockton Accessory Dwelling Units page, AB 1332 ADU Plans & Information, accessed 2026-10-24.

California state rules on file

The statewide baseline recorded from state law and the HCD ADU Handbook.

Detached size cap described in state law

1,200 sq ft. Recorded in this rules file from Government Code section 66314.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Side and rear setback cap for a new ADU

4 ft. Recorded in this rules file from Government Code section 66314, which describes a cap on side and rear setbacks for a new ADU.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Setback for a conversion of an existing structure

No additional setback, as recorded in this rules file from Government Code section 66314 for a conversion of an existing structure.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum lot size

A city may not impose a minimum lot size for an ADU, as recorded in this rules file from Government Code section 66314.

Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum unit the handbook says cities must allow

At least an 800 sq ft ADU with 4 ft side and rear setbacks. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(3).

Source: HCD ADU Handbook, 66321(b)(3); handbook updated March 2026, accessed 2026-10-16.

Detached height described in the handbook

16 ft, or 18 ft or 20 ft in some cases. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(4).

Source: HCD ADU Handbook, 66321(b)(4); handbook updated March 2026, accessed 2026-10-16.

Permit decision deadline

60 days. Recorded in this rules file from Government Code section 66317(a)(3): the permitting agency must decide on (approve or deny) a completed ADU application within 60 days when an existing single-family or multifamily dwelling is on the lot. Section 66317(a)(1) says the application is considered ministerially, without discretionary review or a hearing.

Source: California Government Code section 66317, 66317(a)(1), (a)(3), accessed 2026-10-17.

Owner-occupancy requirement

None. Recorded in this rules file from Government Code section 66315: a local agency may not impose an owner-occupancy requirement on an ADU. It may require that the property be used for rentals of terms 30 days or longer. The HCD ADU Handbook (updated March 2026) describes the same rule.

Source: California Government Code section 66315, 66315; HCD ADU Handbook updated March 2026, accessed 2026-10-17.

Parking near public transit

No parking standards within one-half mile walking distance of public transit. Recorded in this rules file from Government Code section 66322(a)(1). Section 66322(a) lists several other cases where parking standards may not be imposed.

Source: California Government Code section 66322, 66322(a), accessed 2026-10-17.

Ministerial categories

The HCD ADU Handbook (updated March 2026) states that Government Code section 66323 sets four ministerial categories. This rules file does not restate those four categories.

Source: HCD ADU Handbook, 66323; handbook updated March 2026, accessed 2026-10-16.

Fire Hazard Severity Zones

If your lot is in a Fire Hazard Severity Zone, the CAL FIRE Office of the State Fire Marshal says in Information Bulletin 25-004 (issued March 3, 2025): “Fire Hazard Severity Zones (FHSZs) should not restrict the development of Accessory Dwelling Units (ADUs). However, additional building standards may be necessary, including but not limited to California Fire Code Chapter 49 and California Building Code Chapter 7A.” State ADU law does not itself bar an ADU there. A city or county may still apply its building code, including wildfire-resistant construction (Gov. Code 66314(d)(8)); require side and rear setbacks “sufficient for fire and safety” for a unit converted under 66323(a)(1); and decline parking in setbacks on specific fire and life safety findings (66314(d)(10)(B)). It may also consider public safety when it designates where ADUs may be permitted (66314(a)). Sprinklers can't be required in an ADU or JADU if the primary residence doesn't need them (66314(d)(12), 66323(d)). Some cities and counties still apply their own fire-zone limits. Where this summary has one, it is listed with the local rules. This summary does not look up your lot. Check the CAL FIRE Fire Hazard Severity Zone map viewer linked from the State Fire Marshal's Fire Hazard Severity Zones page: https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9

Source: CAL FIRE Office of the State Fire Marshal Information Bulletin 25-004, page 4, issued March 3, 2025; Gov. Code 66314, 66323, accessed 2026-10-20.

State baseline on the directory → · State ADU rules on the homepage →

Can I build an ADU in Stockton?

State law sets a baseline for ADUs in Stockton, and the local standards on file are listed on this page. Whether a specific lot can add an ADU depends on zoning, utilities, and other site facts this page does not measure. Confirm with the City of Stockton Community Development Department, or run a free address summary.

Check any California address for free