Oakland ADU Guide (Updated)
A Comprehensive Guide to ADU Regulation and Zoning Policy in Oakland, CA
Hey Neighbor 👋
We’re excited that you’re interested in building an ADU in your backyard. For many people in Oakland, building an ADU creates a huge opportunity to increase living space for so many reasons — private office, gym & wellness, art & music studio, rental property, and so much more.
Each city has its own set of local planning and permitting laws that apply uniquely to its city and how its developed over the years. If you’re building in Oakland and can’t find the information you’re looking for in our permitting guide, you can visit Oakland’s ADU support page here: https://www.oaklandca.gov/topics/secondary-units or contact the Planning Department directly.
General Notes on Oakland ADU Regulation
City of Oakland updated it’s local zoning codes to reflect compliance with the State ADU Mandate on January 2020
Recent 2019 updates to the California Building Code and California Residential Code are in effect
Bay Modular’s pre-approved Solo ADU Series is designed to meet the State ADU Mandate and is 100% compliant with the 2019 CBC/CRC
All Solo ADUs are pre-approved by the State of California Department of Housing and Community Development (HCD #1560585) and do not require any additional local plan check, inspection, or approval
All site preparation, foundation work, and utility upgrade & connection related to the installation of all Solo ADUs will still require local plan check, and inspection
Due to statewide updates to ADU regulations, it has never been easier or more affordable to build a permitted ADU
City of Oakland: Zoning & Planning Commission Contact Information
Phone Number: (510) 238-389
Email Address: permitinfo@oaklandca.gov
General Resource: https://www.oaklandca.gov/departments/planning-and-building
Secondary Dwelling Resource: https://www.oaklandca.gov/topics/secondary-units
ADU Application: Download PDF
Location:
250 Frank H. Ogawa Plaza
2nd Floor
Permit Center
Oakland, CA 94612
Detailed Oakland ADU Regulations & Guidelines
ADU Size Restrictions (Updated January 2020)
ADU may be up to 850 SF for a one bedroom or up to 1,000 SF for a two bedroom, or 50% of the floor area of the existing dwelling
A junior ADU may be up to 500 SF, but must be converted from existing space
The minimum size of any living unit is 150 SF
Lot Size Restrictions (Updated January 2020)
Single family residential lots that contain an existing or proposed dwelling are permitted to build one ADU and one junior ADU
Multi-family residential lots that contain an existing multifamily dwelling (3+ units) are permitted to build two (2) detached ADUs
Both single family and multi-family parcels will not be subject to the minimum lot size of the underlying zoning district or by ordinance for ADU projects, per AB68
Type of ADUs Allowed
Detached ADU, attached ADU, junior ADU are all approved (Solo ADU Series are detached ADUs)
ADUs may be new construction or conversion of existing space (e.g. garage)
Junior ADUs must be conversion of existing space (e.g. garage)
California Building Code (CBC) & California Residential Code (CRC) 2019 is in effect
Number of ADUs Allowed (Updated January 2020)
According to state law, each single-family home may now construct at least one ADU
Owner occupied single-family properties may construct one ADU and one junior ADU
Multi-family properties, per every four existing residential units, may construct one ADU, so long as the existing units were legally established
Zoning Requirements (Updated January 2020)
According to state law, all residential zoning districts, including single-family and multi-family, are allowed to build ADUs.
Setback Requirements (Updated January 2020)
The maximum required setback for a detached new construction Accessory Dwelling Unit shall be no more than 4 feet from the rear and side property lines
Setbacks will not be required for ADUs and junior ADUs that have been converted from existing space that was legally established
Proposed expansions of attached ADUs and conversions from existing space are required to comply with the setbacks of the underlying zone, per AB68
Parking Requirements (Updated January 2020)
Parking not needed if ADU is:
Less than 750 SF
Located within .5 mile of public transportation
Located in an area where on-street parking permits are required but not offered to the ADU occupant
Located in within one block of a dedicated car share parking space.
Located in an Area of Primary Importance (API) or Area of Secondary Importance (ASI), as defined in the General Plan’s Historic Preservation Element
Fire Safety Requirements
ADU is only required to provide fire sprinklers if sprinklers are required for the Primary Unit. The fire flow and water pressure on the adjoining streets must meet minimum Fire Marshal requirements.
Architectural Requirements
Category One: No architectural compatibility requirements are applicable
Category Two: Must be clearly subordinate to the primary dwelling in size and location; exterior materials must match or be visually compatible
Height Requirements
Category One: For existing space conversions, no height restriction
Category Two: For detached ADUs within a required side or rear yard, maximum height is 16 feet
Design Review
Design review exemption, to be processed within 120 days of application receipt
ADU application will be considered, without discretionary review or a hearing
No public notice is required, and public input cannot be considered, per State law
Ownership (Updated January 2020)
Through 2025, owner occupancy requirements will not apply to new ADUs, per SB13. Owner may rent out both the ADU and primary residence.
Rental Restrictions
ADU may not be rented for a period of less than 30 days.
Utility Connections
Category One: No new or separate utility connection shall be required
Category Two: A new or separate utility connection may be required, but the connection fee or capacity charge shall be proportionate to the burden of ADU on the water or sewer system
Emergency Access
Category One: No restrictions apply
Category Two: Not permitted within the S-9 Fire Safety Protection Combining Zone. Outside of the S-9 Zone, not permitted if accessed by a street with pavement less than 20 feet wide or by a dead-end street longer than 600 feet