ADU Rules: Berkeley vs Oakland
How do adu rules rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland 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 →Oakland, CA
Alameda County
Oakland permits ADUs on all residential lots under Gov Code §65852.2 and Planning Code 17.103. Ministerial 60-day approval up to 1,200 sq ft, 4-foot setbacks, and no parking mandate within half a mile of transit.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| 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 | - |
| - | - |
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.
Oakland FAQ
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