Oakland, CA Accessory Structures: ADU Rules (2026)

Oakland is one of California's most ADU-friendly jurisdictions, having eliminated most discretionary review. Under Planning Code Chapter 17.103, single-family lots may have one ADU plus one Junior ADU, and multi-family properties may add two detached ADUs plus convert up to 25 percent of existing non-livable space into additional ADUs per AB 1033 and AB 2221. Maximum detached ADU size is 1,200 sq ft; attached ADUs are capped at 50 percent of the primary dwelling or 1,200 sq ft, whichever is less. State law (Gov Code §65852.2 as amended by SB 1211 in 2024) prohibits Oakland from requiring: owner occupancy (for ADUs permitted between 2020-2025), replacement parking when converting a garage, or parking at all within half a mile of transit (nearly all of Oakland qualifies). Setbacks are 4 feet from side and rear lot lines. Height limits are 16 feet for detached ADUs generally, 18 feet within half a mile of transit, and 25 feet when attached. SB 9 urban lot splits and two-unit developments are implemented through Oakland's SB 9 Residential Unit Division ordinance. Permit fees include Building Division plan check, school impact fees (capped for ADUs under 750 sq ft), and sewer/EBMUD water connection fees. Oakland has pre-approved ADU plans to speed up permitting. Short-term rental of ADUs is prohibited under OMC 5.91.