ADU Rules: Berkeley vs Hayward
How do adu rules rules compare between Berkeley, CA and Hayward, CA?
Berkeley and Hayward have similar restriction levels.
Berkeley, CA
Alameda County
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.
View full Berkeley rules →Hayward, CA
Alameda County
Hayward permits ADUs up to 1,200 sq ft and JADUs up to 500 sq ft on single-family and multi-family lots under California Government Code 65852.2.
View full Hayward rules →Key Facts Comparison
| Fact | Berkeley | Hayward |
|---|---|---|
| Code Section | BMC 23.306 (Development Standards 23.306.030) | - |
| Units Allowed | 1 ADU + 1 JADU per single-family lot | - |
| Side/Rear Setback | 4 ft (new construction) | - |
| JADU Max Size | 500 sq ft (within dwelling) | - |
| STR Use | Prohibited by deed restriction | - |
| Max ADU size | - | 1,200 sq ft |
| JADU size | - | Up to 500 sq ft |
| Side/rear setback | - | 4 ft |
| Review deadline | - | 60 days (SB 897) |
| Impact fees | - | Waived under 750 sq ft |
Highlighted rows indicate differences between cities.
Berkeley FAQ
How many ADUs can I build in Berkeley?
Under BMC 23.306, a single-family lot may have one ADU plus one JADU. In the Hillside Overlay, the limit is one ADU or one JADU (not both).
Do I need a public hearing for a Berkeley ADU?
No. State law requires ministerial review without a public hearing based on objective criteria, and BMC 23.306 implements that standard for Berkeley.
Can I rent my Berkeley ADU as a short-term rental?
No. A recorded deed restriction required by BMC 23.306 prohibits short-term rental use (under 14 days) of any ADU or JADU.
Hayward FAQ
Can I rent my Hayward ADU short-term?
State law allows cities to prohibit rentals under 30 days; Hayward requires ADUs to be rented for 30 days or longer.
Do I need to add parking?
Not if the ADU is within 1/2 mile of transit or replaces a garage; state law preempts extra parking.
Compare other topics
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