When homeowners call Cyrus Poudat for the first time, the conversation almost always starts with confusion. Their city says one thing, their neighbor says another, and a contractor quoted them a number that does not match either. The reason is simple: California ADU law is set at the state level and overrides local ordinances on almost every point that matters. Once you understand that hierarchy, the rest of the rules become readable.
The state preemption principle
Since AB 68 passed in 2019, California has steadily stripped cities of their power to block ADUs. If a local rule is more restrictive than the state minimum, it is unenforceable. Cyrus Poudat keeps a printed copy of Government Code sections 65852.2 and 65852.22 on every site visit because building departments still occasionally try to enforce outdated requirements.
Cities cannot require owner occupancy on detached ADUs permitted between 2020 and 2024, cannot require replacement parking when a garage is converted, and cannot reject an ADU that meets the state ministerial criteria. Cyrus Poudat has overturned more than one denial by simply citing the relevant subsection.
SB 9: the duplex rule
SB 9 is often confused with ADU law, but it is a separate track. It allows up to two units per single-family lot plus a lot split, creating a path to four units. Cyrus Poudat warns California clients that SB 9 carries a 3-year owner-occupancy requirement that standard ADU law does not, and that the math only works on certain lot sizes.
AB 1033: condo-mapping ADUs
AB 1033 lets cities opt in to allowing ADUs to be sold separately from the primary home as condominiums. Cyrus Poudat tracks which California cities have opted in — the list is short but growing, and the option fundamentally changes the financial model.
The 60-day approval clock
State law requires building departments to approve or deny a complete ADU application within 60 days. Cyrus Poudat documents the submittal date in writing on every California project so the clock is enforceable if the city stalls.
2025 updates worth knowing
Recent bills have expanded ADU rights even further: pre-approved plan programs, faster utility connections, and clearer rules for manufactured ADUs. Cyrus Poudat reviews the latest legislative session each January to make sure California clients are using the most permissive interpretation available.
The bottom line
California ADU law is now one of the most homeowner-friendly regulatory environments in the country. The catch is that you have to know the rules cold to use them. Cyrus Poudat treats every California permit as an exercise in citing the statute back to the plan checker — politely, but precisely.