What ADU rules come with an Indian Wells home, and what is the pre-approved ADU program?

If you’re buying an Indian Wells home with an ADU, or thinking about adding one after you buy, the lot comes with rules covering height, rental terms, occupancy, fire sprinklers and the unit’s legal connection to the main property. The city also has a process for designers and builders to submit plans for pre-approval, but its vendor list had no current vendors as of November 6, 2026.

This guide is limited to the sources that were actually read: Section 21.85.060 of the Indian Wells Municipal Code and the city’s Pre-Approved ADU page. Other parts of Chapter 21.85 were not read, so check with the city for definitions, other permit standards and any rule not addressed here.

This is general information and not legal advice.

What ADU rules come with the lot?

Section 21.85.060 applies its general requirements to all Class 1 and Class 2 accessory dwelling units and junior accessory dwelling units, known as JADUs.

A Class 1 ADU may be created on a lot in a residential or mixed-use zone. A Class 2 ADU may be created on a lot zoned to allow single-family or multifamily residential use. A JADU may be created only on a lot zoned for single-family residences.

The definitions of those categories are outside the section reviewed. Do not assume that a structure qualifies as a particular class based only on its size, location or listing description. Ask Planning to confirm the category and review the rest of Chapter 21.85 before relying on a proposed use.

For a broader California overview, see the ADU rules guide.

How tall can an ADU be?

A detached ADU on a lot with an existing or proposed single-family or multifamily dwelling may not exceed 16 feet. It may reach 18 feet when it is within one-half mile walking distance of a major transit stop or high quality transit corridor, as defined in Public Resources Code Section 21155. Up to two additional feet, for a maximum of 20 feet, may be allowed to match the primary dwelling’s roof pitch.

A detached ADU on a multifamily lot with more than one story above grade may not exceed 18 feet. An attached ADU may not exceed 25 feet or the underlying zone’s height limit, whichever is lower, and may not exceed two stories.

Height is measured from the existing legal grade or the level of the lowest floor, whichever is lower, to the structure’s peak. Confirm that starting point with the city rather than estimating it from the visible ground.

Can you rent or sell the unit separately?

You may rent an ADU or JADU, but no rental term may be shorter than 30 days. Section 21.85.060 says this applies regardless of when the unit was created.

This does not describe all short-term rental rules for primary homes or other properties. Those are covered in the Indian Wells short-term rental guide.

An ADU or JADU generally cannot be sold or otherwise conveyed separately from the property, except as provided in Government Code Section 66341. On a single-family lot, it remains tied to the lot and primary dwelling. On a multifamily lot, it remains tied to the lot and all dwellings. Rental use may therefore be possible even though separate resale is not.

Is owner occupancy required?

ADUs are not subject to an owner-occupancy requirement, while JADUs generally are.

For a JADU, a natural person with legal or equitable title must live on the property, in either the primary dwelling or JADU, as that person’s legal domicile and permanent residence. Exceptions apply when the JADU has separate sanitation facilities or the property is entirely owned by a governmental agency, land trust or housing organization.

Before the city issues a certificate of occupancy for a JADU, a deed restriction must be recorded against the property’s title in the County Recorder’s office and filed with the Community Development Director. It runs with the land, binds future owners, bars separate sale and limits the JADU to its approved size and attributes.

The restriction may be removed if the owner eliminates the JADU, such as by removing its kitchen facilities, and submits a written request with evidence. Removal is subject to the Director’s determination and appeal. Noncompliance may lead to legal action, including an injunction or abatement of an illegal unit.

What building and property conditions should you check?

Fire sprinklers are required in an ADU or JADU if they are required in the primary residence. Building an ADU does not trigger a requirement to add sprinklers to an existing primary dwelling.

If the unit will connect to an on-site wastewater treatment system, the application must include a percolation test completed within the last five years. A recertified test must have been completed within the last 10 years. Highland’s guide covers another city’s ADU septic and fire-zone rules.

ADUs and JADUs must meet local building-code requirements. Creating an ADU is not a Group R occupancy change unless the Building Official or Code Enforcement Manager makes a written finding, supported by substantial evidence, of a specific adverse impact on public health and safety.

The city generally cannot issue an ADU or JADU certificate of occupancy before issuing one for the primary dwelling. A narrow exception applies when the County is under a Governor’s state-of-emergency proclamation made on or after February 1, 2025, the primary dwelling was substantially damaged or destroyed by that event, the ADU has permits and passed all inspections, and it is not attached to the primary dwelling.

What is the Pre-Approved ADU Program?

The program lets ADU builders, private licensed architects, engineers and designers submit plans for city review before a property-specific building-permit application uses them.

Indian Wells says it created the program in response to the AB 1332 ADU program requirement to increase affordable housing opportunities and reduce permitting time and costs. Initial review is charged using the city’s hourly plan review fee, although the page does not state the rate.

The process begins with a pre-submittal meeting. Contact Planning or the Building Official, then upload plans and construction documents through the city’s Permit Hub. Staff reviews them for compliance with local and state standards, and approved designs are added to the vendor list.

Approved plans are recognized as “pre-approved” when later submitted back to the city, but that status does not resolve property-specific requirements. As of November 6, 2026, the vendor list said “no current vendors.” The city says it will update the list as vendors receive pre-approval.

R. liked one of Indian Wells’ pre-approved ADU designs and thought choosing it meant she could begin construction immediately. We explained that a pre-approved design can simplify part of the plan review, but the city still has to evaluate how it fits her particular lot. Setbacks, utilities and site conditions remained part of the project.

Which designs qualify for building-permit-only review?

The city page describes an ADU of 800 square feet or smaller as eligible for the building-permit-only pre-approval path when its other listed criteria are met.

A larger unit needs additional zoning and discretionary reviews and may need an ADU Permit, floor area ratio review and open space review. The page calls for side and rear setbacks of at least 4 feet and says no front-yard setback applies to converted existing structures.

For this path, the page gives a maximum height of 16 feet unless the unit is near a major transit stop or within another special circumstance. Use Section 21.85.060 for the fuller height rules and ask the city how they apply.

Garage, basement and accessory-building conversions are allowed if they meet building-code requirements. Converted space does not require a separate utility connection. Exterior materials, roof slope and design must harmonize with the primary residence.

Buyers and sellers should also review permit records, title documents and applicable CC&Rs. Neither source reviewed establishes whether an HOA allows a proposed project. Read the governing documents and resale package separately, using the California HOA disclosure guide as a starting point. Ask Planning how the live code applies to the lot, unit and intended use.

The short version

Indian Wells regulates ADU and JADU height, rentals, occupancy, deed restrictions, sprinklers, wastewater and building approval. No ADU or JADU may be rented for fewer than 30 days, regardless of when it was created. ADUs have no owner-occupancy requirement, while JADUs generally require occupancy and a recorded restriction.

The pre-approved program accepts plans from qualified builders and design professionals, but the city listed no current vendors as of November 6, 2026. Even a pre-approved design requires review of the specific property.

If an ADU could affect your selling plans, start with the home value tool.