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Guide

Your ADU application was marked incomplete. What now?

An incomplete notice feels like a rejection. It isn't one. It is a list, and since 2026 the city is held to that list.

At a glance

15 business days
for the city to review each resubmittal1
0 new items
the city may add when you resubmit1
60 business days
for a decision once you appeal1

Key points

  • The notice has to list each incomplete item and explain how to fix it.1
  • On resubmittal, the city can't ask for an item that wasn't on that list.1
  • You can appeal an incomplete determination in writing.1

What the notice has to contain

A bare "application incomplete" isn't enough. The permitting agency must give you a list of the incomplete items together with a description of how the application can be made complete, and it must do so with its written notice.1

The list is the list

This is the part that changed how resubmittals work. When the agency reviews what you send back, it cannot require an item that was not included in its incomplete list.1 Its job on the second pass is to decide whether you have remedied the listed items.

Two limits are worth understanding:

  • The rule concerns completeness. Whether the design complies with setbacks, height or the building code is decided afterwards, in the 60-day approval period, and a complete application can still be denied.
  • The rule protects you only for what you actually changed. If your resubmittal alters the design, expect the changed sheets to be looked at afresh.

How to answer it

A response is easier to review when it follows the city's list item by item. A format that works:

  1. Number your response to match theirs. Item 1 in the notice is item 1 in your reply.
  2. Say where the fix is. Give the sheet number and detail, such as "Sheet A-1, setback dimension added at north property line".
  3. Change only what was asked for, and cloud or highlight the revisions on the drawings.
  4. Attach the notice itself to your resubmittal so the list travels with the file.
  5. Keep proof of the date you resubmitted. A new 15-business-day completeness review runs from it.1

If the city doesn't answer within that period, the resubmitted application is deemed complete.1

When an item looks wrong

Sometimes a listed item asks for something you believe the city can't require. State law says that only an ADU ordinance consistent with the state rules can be the basis for delaying or denying the permit.1

You have two routes, and they aren't exclusive. You can supply the item and move on, which is often quicker. Or you can use the appeal that the law requires every agency to offer for incomplete determinations.1 The agency then has 60 business days to give a final written answer.1 Weigh that period against the cost of simply complying; for a small item, the appeal can take longer than the fix.

Incomplete is not denied

The two outcomes are different and so are the documents. A denial must come with a full set of written comments listing what is defective or deficient and how to remedy it.1 If what you received reads like design objections under an "incomplete" heading, it is reasonable to ask the department which of the two it has issued.

Common questions

Can the city add new items after I resubmit?

Not for completeness. On resubmittal the agency cannot require an item that was missing from its incomplete list.1 Design compliance is a separate question, decided during the 60-day approval period.

How long does the city have to review my resubmittal?

Another 15 business days, the same as the first review.1 Menlo Park says so in its own checklist: each resubmittal starts a new 15-business-day cycle.2 See how Menlo Park runs its review.

Is there a deadline for appealing an incomplete notice?

State law requires an appeal route1 and gives the agency 60 business days to decide.1 The time you have to file is set locally. In unincorporated Los Angeles County it is 14 calendar days.3 Details are under Appeals: mind the 14 days.

Keep reading

About this page

Written by
The Lotline Editorial Team. Editorial policy
Where it comes from
We wrote this from material published by California Legislative Information and City of Menlo Park and Los Angeles County Department of Regional Planning. You'll find each document, and the part we used, under References below.
How it was checked
Before publishing, we checked each statement against the original wording of its source. How we work
Last reviewed
. Rules and city procedures change, so confirm current requirements with your permitting agency.
Corrections
Email support@lotlinepermits.com. We check every report against the document and fix what is wrong.

References

  1. 1California Government Code, Title 7, Division 1, Chapter 13, Article 2 (Sections 66314 to 66331)California Legislative Information. Read on November 10, 2026.Cited: § 66317(a)(2)(B); § 66317(a)(2)(D); § 66317(d)(1); § 66317(a)(2)(E); § 66317(d)(2); § 66317(a)(2)(F); § 66317(c); § 66317(b).
  2. 2Accessory Dwelling Unit (ADU) Application ChecklistCity of Menlo Park, Community Development, Planning Division. Dated March 19, 2026. Read on November 10, 2026.Cited: page 1, General Information.
  3. 3Accessory Dwelling Units: Senate Bill 543 and Assembly Bill 1154 (memo to staff)Los Angeles County Department of Regional Planning. Dated December 30, 2025. Read on November 10, 2026.Cited: page 1.

General information, not legal advice. Read the disclaimer.