Accessory Structures in Berkeley, CA (2026)
4 verified accessory structures rules for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Berkeley allows accessory dwelling units on any lot zoned for residential use, capping new-construction ADUs at 1,200 square feet outside the Hillside Overlay and 25 feet in height, with a 60-day Zoning Certificate review that cannot be denied for ADUs meeting state law.
Berkeley Accessory Dwelling Unit Zoning Rules
Some RestrictionsBerkeley Municipal Code §§ 23.306.030(A), 23.306.040(A)
A. Basic Standards. See Table 23.306-2: ADU Development Standards. Gross Floor Area, Maximum: Outside Hillside Overlay - 1,200 sf; Within Hillside Overlay - 850 sf (studio or 1 bedroom), 1,000 sf (2+ bedrooms). Building Height, Maximum, Outside Hillside Overlay: Detached or Attached, New Construction - 25 ft. Lot Line Setbacks, Minimum: Rear - 4 ft.; Interior Side - 4 ft.; Street Side - 4 ft. ....
ADU Owner Occupancy
Berkeley requires the owner to live in either the Junior ADU or the single-family home it sits in whenever a property has a Junior ADU, recorded as a deed restriction, unless the JADU has its own separate bathroom and kitchen or the owner is a public agency, land trust, or housing nonprofit.
Berkeley Junior ADU Owner-Occupancy Rule
Some RestrictionsBerkeley Municipal Code § 23.306.040(C)(4)
4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied. Owner-occupancy shall not be required if the JADU and the Single Family Dwelling do not share sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
ADU Rental Restrictions
Berkeley requires every ADU and Junior ADU to carry a recorded deed restriction barring rentals shorter than 30 days, filed with the Alameda County Recorder before the unit can be occupied, closing off short-term and vacation-rental use of these units.
Berkeley ADU 30-Day Minimum Rental Rule
Some RestrictionsBerkeley Municipal Code § 23.306.040(C)(3)
C. Deed Restriction. The property owner shall file a deed restriction with the Alameda County Recorder which states: 1. The Junior ADU shall not be sold separately from the main building; 2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) ADUs Developed by a Qualified Nonprofit Developer are met; 3. The ADU and/or Junior ADU shall not be re...
Shed & Carport Rules
A new backyard shed in Berkeley needs an Administrative Use Permit in most residential districts, with height capped by lot-line distance and setbacks running as high as 50 percent of lot depth at the front.
Berkeley Shed and Accessory Building Rules
Some RestrictionsBerkeley Municipal Code § 23.304.060(C)(1), (C)(2)(a)
1. Permits Required. Table 23.304-6 shows permits required for accessory buildings and accessory structures in Residential Districts. All Residential Districts Except ES-R: New accessory buildings AUP; Alterations to existing accessory buildings ZC; Enclosed accessory structures on a lot with a main building ZC; Enclosed accessory structures on a vacant lot without a main building AUP. ES-R Dis...
Looking for Alameda County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Berkeley city rules.
Accessory Structures in Alameda County →