Thinking about adding a backyard cottage or converting a garage in Mill Valley or nearby Marin? If you have heard mixed messages about what is allowed, you are not alone. California has opened the door for more accessory dwelling units, but each city layers on its own standards and steps. In this guide, you will get the state rules that protect your project, what to verify locally in Mill Valley, how San Rafael and unincorporated Marin differ, and the practical process, costs, and timelines to expect. Let’s dive in.
What California law guarantees you
California’s ADU statutes set a strong baseline that every city and county must follow. The key rules live in Government Code §65852.2 for ADUs and §65852.22 for junior ADUs.
- Ministerial approvals. If your ADU meets objective standards, your city must process it ministerially. That means no subjective design review and no public hearing for compliant projects.
- Conversions get special protection. When you convert existing, permitted space like a garage or basement, the city cannot deny it for setbacks or parking that would apply to new construction.
- Parking limits. Cities have limited power to require new parking for ADUs, especially for projects that convert existing space or are near public transit. Many ADUs qualify for no new on-site parking.
- Owner-occupancy and rentals. State law restricts local owner-occupancy mandates. Most ADUs can be rented long-term. Short-term rental rules still apply locally.
- Fees and utilities. Smaller ADUs may qualify for reduced impact and connection fees under state law. Check local implementation to see what applies to your project.
- Historic and coastal areas. If your property sits in a historic district or coastal zone, additional permits or discretionary review may still apply.
For plain-English summaries and checklists, the California Department of Housing and Community Development provides helpful ADU guidance.
Mill Valley rules to verify
State law sets the floor, but Mill Valley sets objective standards that guide your design and placement. Before you draw plans, confirm the following with the City of Mill Valley Planning Division:
Key topics to confirm with Mill Valley Planning
- Zoning and ADU types. Verify which ADU types are allowed on your lot, including detached, attached, conversion, and junior ADUs. Check any overlays such as historic areas or special management zones.
- Maximum size and floor area. Ask about maximum square footage, how attached vs. detached ADUs are treated, and any floor area ratio rules. Size limits can differ by type.
- Height, setbacks, and placement. Confirm height limits and yard setbacks for new structures, and how existing structure conversions are treated.
- Lot coverage and FAR. Clarify whether your ADU counts toward lot coverage or FAR, and how garage conversions are counted.
- Parking requirements. Understand when parking is required and how proximity to transit, existing driveways, or on-street allowances affect your project.
- Utility and connection fees. Ask about sewer and water connection requirements, laterals, and whether fee reductions apply to smaller units.
- Design standards and review. Most ADUs are processed ministerially if they meet objective standards. Confirm any objective design rules for exterior materials, windows, and roof forms.
- Historic resources and trees. Mill Valley’s tree protection rules are strict. If your project removes or impacts protected trees, you may need additional permits or mitigation. Historic areas can also trigger extra steps.
- Hillsides and geotechnical. Many Mill Valley lots slope. You may need soils or geotechnical reports and to follow hillside development standards.
- Wildfire and defensible space. Expect vegetation management and ignition-resistant construction requirements in high fire severity zones.
- Short-term rentals. Confirm whether ADUs can be used for short-term rentals under Mill Valley’s STR rules.
- Septic systems. If your property is on septic, check capacity and required upgrades with Marin County Environmental Health before you commit to a design.
What owners often encounter in Mill Valley: tree permits, added geotechnical work on steep parcels, and utility lateral upgrades. Early conversations with planning and your design team usually shorten timelines.
San Rafael and Marin differences
All Marin jurisdictions follow state ADU law, but each has its own details. If you live or invest next door in San Rafael or in unincorporated Marin, confirm requirements early.
San Rafael
San Rafael adopts its own size, parking, and design standards, including rules for ADUs on multifamily properties. For current standards and process steps, start with the City of San Rafael Planning Division.
Unincorporated Marin County
Rural and environmentally sensitive areas add layers like creek buffers or habitat protections, and many parcels use septic. Begin with the Marin County Community Development Agency, and if septic is involved, contact Marin County Environmental Health. Coastal zone parcels can require a Coastal Development Permit under the county’s certified local coastal program.
Permits and timeline
Every site is different, but most ADU projects follow a familiar path:
Pre-application check. Confirm zoning, allowed ADU type, setbacks, and overlays with your city. Ask about tree, hillside, wildfire, and utility requirements.
Design and site plan. Develop a site plan that shows the ADU footprint, setbacks, access, parking, and drainage. Consider window placement and privacy for you and neighbors.
Building plans and reports. Prepare architectural drawings and structural, energy, and mechanical plans. Hillside lots often need soils or geotechnical reports. Septic parcels need capacity confirmation.
Apply and pay fees. Submit planning and building applications. Pay plan check and permit fees. Confirm sewer, water, and electric requirements early to avoid surprises.
Plan check and corrections. Expect plan check comments and revisions. Respond quickly to keep your project moving.
Inspections and final. Your contractor will schedule inspections during construction. You will receive final occupancy before renting or using the ADU.
Timelines vary with staff workload, plan completeness, and site complexity. Projects that meet objective standards can move from submittal to permits in a matter of weeks to several months. Historic review, tree removal, coastal permits, or extensive geotechnical work can add several months or more.
Costs to expect
Your budget depends on size, finishes, and site conditions. Here is how to think about costs:
- Design and engineering. Modest designs can be relatively affordable, while custom designs and hillside engineering add cost. Get bids from at least two professionals.
- City fees and utilities. Plan check and building permit fees are standard. Connection or upgrade fees for sewer, water, and electric can be significant, especially if you must upsize laterals or add new meters. Some smaller ADUs may qualify for reduced impact or connection fees under state law, but local implementation varies.
- Construction. Build costs vary by square foot and rise with complex foundations, elevated sites, and premium finishes. Garage conversions and studio layouts can be cost-effective. Detached new builds and complex hillside work cost more.
- Contingency. Set aside a cushion for plan revisions, material changes, or unforeseen site work.
For an overview of what cities must allow and how fees work, review HCD’s ADU guidance, then confirm local fee schedules with your jurisdiction.
Your ADU prep checklist
- Confirm zoning and overlays for your parcel.
- Choose your ADU path: detached, attached, conversion, or JADU.
- Verify size, height, setback, and lot coverage standards with your city.
- Check parking rules and any transit-based exemptions.
- Ask about sewer, water, and electric connection requirements and fees.
- Review tree protection, historic, hillside, and wildfire requirements.
- Confirm whether short-term rentals are allowed for ADUs.
- Request a pre-application meeting with your planning division.
- Gather bids from designers, engineers, contractors, and an arborist if needed.
- Submit complete permit packages to reduce plan check rounds.
Local resources
- Read the state laws: Government Code §65852.2 and §65852.22
- State guidance and checklists: California HCD ADU guidance
- Mill Valley permits and standards: City of Mill Valley Planning Division
- San Rafael standards: City of San Rafael Planning Division
- Unincorporated Marin: Marin County Community Development Agency
- Septic and environmental health: Marin County Environmental Health
- Wildfire and defensible space: Marin County Fire Department
- Property tax questions: Marin County Assessor
Ready to talk through a project on your current property or find a Marin home that is ADU friendly? As a local advisor who works across Mill Valley, San Rafael, and the wider county, I can help you align your ADU goals with the right property, connect you to planners and pros, and outline a step-by-step plan. Reach out to Daniel Flores to get started. Get in touch. Available 24/7.
FAQs
What ADU rights does California guarantee for Mill Valley owners?
- State law requires ministerial approval for ADUs that meet objective standards and protects conversions of existing space, with limits on parking mandates.
Can I build a garage conversion ADU if I cannot meet setbacks or parking?
- Conversions of existing, permitted space are strongly protected by state law and generally are not denied for setbacks or new parking.
Do I have to live in the main house if I add an ADU?
- State law restricts owner-occupancy requirements for ADUs, though you should confirm any current local provisions and short-term rental rules.
Will my ADU be allowed as a short-term rental in Mill Valley?
- Short-term rental use is governed by local ordinances, so check Mill Valley’s STR rules for ADUs before you commit to a business plan.
What should I confirm with Mill Valley before drawing plans?
- Verify zoning, size and placement standards, parking, utilities, tree protections, hillside and wildfire rules, and any historic or design requirements.
How do San Rafael and unincorporated Marin ADU rules differ from Mill Valley?
- Each jurisdiction follows state law but sets its own objective standards, fees, and processes, with unincorporated areas adding septic and environmental layers.
Who do I call about septic capacity for an ADU in Marin?
- Start with Marin County Environmental Health to confirm system capacity, testing, and any required upgrades before finalizing your design.
