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Bay Area Cities Now Allow Front Yard ADUs and Over-the-Counter (OTC) Approvals For Faster Turnaround

  • Writer: Chen Zhou
    Chen Zhou
  • Jun 16
  • 3 min read

Updated: Jun 18

If you're a Bay Area homeowner, there's never been a better time to build an ADU. 

Cities across the Bay Area are starting to allow front yard ADUs; some cities include Saratoga, Santa Clara, Milpitas, and San Jose (conditional). The newest city approved for front yard ADU is Sunnyvale.

A Bay Area front yard ADU allows completey separated space that ensures maximum privacy and zero disruption in backyard space.
A Bay Area front yard ADU allows completey separated space that ensures maximum privacy and zero disruption in backyard space.

Thanks to California state law and the city's recent update via Ordinance No. 3240-25, you can now build a detached ADU up to 800 square feet in your front yard with zero front setback. And the best part? Sunnyvale offers Over-the-Counter (OTC) plan checks for qualified ADU and addition projects, significantly speeding up the approval process.


At VitalizeBuild, we’re already helping homeowners like you take advantage of this unique opportunity to maximize property value, create rental income, or expand living space—all without the usual red tape.


What the Law Says — And Why It Matters

Sunnyvale’s Ordinance No. 3240-25, enacted to comply with California Government Code 65852.2, updates the city’s local ADU regulations. Previously, Sunnyvale prohibited detached ADUs from being built in front yard areas. But under this new ordinance, the city acknowledges that it cannot enforce front setback requirements for ADUs under 800 sq ft.

That means:

  1. You can build a detached ADU up to 800 sq ft

  2. It can be placed in the front setback area

  3. You only need to meet 4-foot side and rear setbacks

  4. You can bypass traditional planning review with a streamlined ministerial approval

This is a huge win for property owners looking to build on challenging lots.


Real-Life Example: Front Yard Transformation in Sunnyvale

Bay Area front yard ADU.

One of our recent clients, the Garcia family in Sunnyvale’s Cherry Chase neighborhood had a 1950s home that no longer met their needs. They wanted to expand for a growing family but had already hit walls—literally—with setback limitations and lengthy planning delays.

Before Ordinance 3240-25, the project wouldn’t have been possible.

But with the new law in effect, VitalizeBuild designed and permitted an 800 sq ft ADU in the front yard, complete with its own entrance, landscaping, and privacy from the main home.

  • Met all setback requirements

  • No planning commission delays

  • Approved in weeks — not months

This forward-thinking build added over $300,000 in property value and gave our client peace of mind and flexibility for the future.


What Qualifies for OTC (Over-the-Counter) Approval in Sunnyvale?

According to the city’s latest internal metric:

  • Single-family additions up to 800 sq ft in existing single-story homes

  • Detached 1-story ADUs up to 800 sq ft (including those in front setback areas)

  • Combined additions and ADUs up to 800 sq ft total

However, projects that do NOT qualify for OTC include:

  • Second-story additions

  • Major remodels with over 50% of exterior walls altered

  • Demolition for new construction or large-scale remodels

In short: If you're building a single-story detached ADU under 800 sq ft, you’re likely eligible for a same-day plan check.


Why Consider a Front Yard ADU?

Modern kitchen with marble island, gray cabinets, pendant lights, and wood floors. Bright, minimalist design. Logo: VitalizeBuild Construction.

  • No backyard space? No problem. Build where it fits best.

  • Boost your income with a rentable unit.

  • Support multigenerational living with privacy and proximity.

  • Skip design review delays with a streamlined permit process.

  • Increase your property value with smart, code-compliant expansion.

At VitalizeBuild, we handle everything from feasibility assessments and design to permits and construction—so you don’t have to navigate these rules alone.


Do You Qualify?

To build under Sunnyvale Ordinance 3240-25, your ADU must:

  • Be 800 square feet or less

  • Maintain 4-foot side and rear setbacks

  • Comply with other applicable development standards (height, lot coverage, etc.)

If it does? Front setback rules do not apply, and the City of Sunnyvale must approve it.


Let’s Build Your Front Yard ADU—The Smart Way

No backyard space? No problem—build an ADU where it fits best, including the front yard. With Sunnyvale’s Ordinance 3240-25 and state law in effect, you can generate rental income, support multigenerational living, and increase your property value with a smart, code-compliant expansion. Thanks to streamlined permitting and OTC eligibility, there's less waiting and more building.


At VitalizeBuild, we offer full-service solutions—from feasibility assessments and design to permitting and construction—so you never have to navigate complex city rules on your own.

We are Bay Area-based, Sunnyvale-smart.


 
 
 

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