Berkeley, CA Accessory Structures: ADU Permits (2026)

Berkeley's ADU rules are in BMC Chapter 23.304, adopted as part of the 2023 Zoning Ordinance Reorganization that consolidated former BMC 23D.10.080 and other ADU provisions. Under BMC 23.304 and California Government Code 65852.2, ADU permits are reviewed ministerially without a public hearing or discretionary review. The applicant submits the building permit application through Berkeley's online Permit Service Center (PSC) portal with a site plan, floor plans, elevations, and Title 24 energy compliance forms. State law (Gov. Code 65852.2(b)(1)) requires the city to approve, deny, or request corrections within 60 days of a complete submittal; the timer pauses during correction cycles. Berkeley imposes minimal design review on ADUs - Government Code 65852.2(e)(1)(A) prohibits cities from applying design standards that 'physically preclude' an ADU or JADU. Berkeley allows one ADU plus one JADU on a single-family lot (up to 3 units total); multifamily lots may add up to 25% of existing unit count as ADUs plus 2 detached ADUs per parcel (8 maximum under SB 1211, 2025). Maximum size: detached ADU up to 1,200 sq ft, attached ADU up to 50% of primary or 1,200 sq ft, JADU up to 500 sq ft inside the primary dwelling. Setbacks: 4 ft side/rear minimum (state default); front setback per underlying R-1, R-1A, R-2, R-2A, R-3, or R-4 district. Permit and plan check fees typically run $4,000-$8,000 due to Berkeley's higher fee schedule.