ADU rules in Berkeley, CA — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Berkeley regulates ADUs and JADUs under Berkeley Municipal Code Chapter 23.306. One ADU plus one JADU is allowed per single-family lot citywide (Hillside Overlay allows one ADU OR one JADU). New detached ADUs are limited to 16 feet in height, with a 4-foot minimum side and rear setback, and JADUs are capped at 500 sq ft within the existing dwelling.
BMC 23.306 mirrors the ministerial review framework required by California Government Code §65852.2 — applications are decided without a public hearing based on objective standards. BMC 23.306.030 ('Development Standards') sets the 4-foot rear and interior side setback for new construction ADUs on single-family properties, and table 23.306-2 contains the floor-area caps. JADUs must be contained entirely within an existing or proposed single-family dwelling (including basements, attics, and attached garages). Required parking for an ADU may not exceed one space per bedroom, and no parking is required when the property is within a half-mile of a major transit stop or qualifies for another state exemption. A recorded deed restriction prohibits use of the ADU or JADU as a short-term rental and prohibits separate sale of the ADU from the primary unit (subject to AB 1033 condo-ization where adopted).
Unpermitted ADUs are code violations enforced by Berkeley Land Use Planning and Building & Safety, with potential fines and stop-work orders. Using a Berkeley ADU as a short-term rental violates both the recorded deed restriction and BMC Chapter 23.314 (the STR ordinance).
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Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle adu rules.
See how Berkeley's adu rules rules stack up against other locations.
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