Accessory Dwelling Units

• An Attached ADU is newly constructed as an addition to a primary dwelling.
• A Converted ADU is created within the existing space of a primary dwelling or an accessory structure.
• A Detached ADU is newly constructed as a separate structure and does not share any walls with the primary dwelling.
• A Junior Accessory Dwelling Unit or JADU is an ADU of up to 500 square feet that is created/converted within the existing space of a single-family dwelling unit, including an attached garage. JADUs may share sanitation/bathroom facilities with the primary dwelling.

The City recently updated the ADU Ordinance to align with changes to state law, to correct for life safety issues, and to further facilitate the development of ADUs.

Maximum Size (in square feet)

Single-Family Property

• Attached ADU: 850
  • 1,000 if 2+ bedrooms
• Detached ADU: 850
  • 1,000 if 2+ bedrooms
• Converted ADU: None
• JADU: 500

Two- & Multi-Family Property

• Attached ADU: 850
  • 1,000 if 2+ bedrooms
• Detached ADU: None
• Converted ADU: None
• JADU: N/A

Setbacks

• 3-foot rear and side yard setbacks for a new or expanded ADU
• Front yard setback per underlying zoning district (provided it does not preclude the construction of an 800-square-foot ADU)

Height

• 20 feet for detached ADUs
• 25 feet for attached ADUs with an additional 3-foot allowance to match the roofline (height and pitch) of the primary dwelling

Number of ADUs

Lots with one single-family dwelling:

• 1 JADU and 1 attached, new detached, or converted ADU; or
• 1 JADU, 1 new detached ADU with a maximum size of 800 square feet, and 1 converted ADU

Lots with two or more single-family dwelling(s):

• 1 new detached ADU with a maximum size of 800 square feet and 1 converted ADU
• JADUs are not permitted

Lots with one or more two- or multi-family dwellings:

• 1 detached, converted, or attached ADU; or
• 2 detached ADUs; and at least 1 converted ADU in each two- or multi-family dwelling and up to 25% of the number of existing dwelling units within the structure for additional converted ADUs
• JADUs are not permitted

Lot Coverage and Floor Area Ratio (FAR)

ADUs with a maximum size of 800 square feet are exempt from lot coverage and FAR calculations. ADUs over 800 square feet in size must comply with the zoning district’s regulations.

Parking

No off-street parking is required.

Kitchens

• ADUs are required to have a cooking facility with at least a stovetop (permanent or plug-in appliance), sink, food preparation counter and suitable storage. Ovens are optional.

• JADUs, must, as a minimum have an efficiency kitchen which shall include a cooking facility with plug-in appliances, a sink, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Entrances & Internal Connects

All ADUs and JADUs are required to have a separate entrance from the main entrance to the existing or proposed primary dwelling unit(s). ADUs may have an internal connection to the primary dwelling. JADUs must have an internal connection to the primary dwelling if sanitation facilities are shared, otherwise an internal connection is optional.

Path of Egress

A three-foot (3') wide clear path of travel from the ADU entrance to the Right-of-Way (e.g. sidewalk, alley, etc.) is required.

Address, Mailbox, & Street Front Awareness

Each ADU and JADU is required to obtain a separate address from the primary unit. A mailbox for each residential unit is also required.

Street-front awareness of ADUs and JADUs should be implemented using address numbering, landscaped pathways and/or site layout. This is required to signal the unit’s location to residents, the Postmaster, and Emergency Services.

Rental Term

No ADU or JADU may be rented for a term that is shorter than 30 days.

Separate Sale

Except as provided in Government Code §66341, an ADU or JADU may not be sold or otherwise conveyed separately from the primary dwelling.

Owner Occupancy

• All ADUs are exempt from owner-occupancy requirements.
• All JADUs are subject to an owner-occupancy requirement.

Mechanical Equipment

All mechanical equipment must be located three feet from side and rear property lines. See AMC 20.24.180 for more details on mechanical equipment regulations. 

Properties within the Watercourse Overlay District have been deemed by the Federal Emergency Management Agency (FEMA) to be vulnerable to flooding and may be subject to additional design regulations. If the subject property is in proximity to either Cerrito or Codornices Creeks, please check the Zoning Map(PDF, 949KB) to confirm whether the property is within the Watercourse Overlay District and consult with City Staff prior to finalizing your project design.

All ADUs require a building permit for construction. No separate Planning approval is required. To apply for a building permit, complete the Building Permit Application(PDF, 196KB) and Submittal Checklist(PDF, 220KB) and submit along with supporting documents to permits@albanyca.org.

Forms Certification

Newly constructed detached ADUs that are proposed closer than 4 feet to any property line will be required to have a form certification completed by a licensed survey prior to foundation pour.

Fire Sprinklers

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. Fire sprinklers are required in an ADU if sprinklers are existing or required in the primary dwelling.

Photovoltaics

Newly constructed, detached ADUs are required to have photovoltaics installed [California Energy Code §1501.1 (14)].

Utility Connections

Separate utility meters/connections for ADUs are not required by the City, but may be required by PG&E.

All Electric

Although not required, the City strongly encourages all-electric construction.

Property Tax Implications

Creating an ADU/JADU will increase the value of your property, which may have property tax implications. Contact the Alameda County Assessor directly should you have further questions regarding property tax assessment.

To enhance the value of your project and for it to positively contribute to the neighborhood fabric, we strongly encourage incorporation of high quality materials and architectural elements as highlighted in the City’s Residential Design Guidelines(PDF, 8MB).

If you would like to print out information regarding ADU regulations, please see our ADU Handout(PDF, 552KB), also available at the Community Development counter at City Hall.

The City of Albany is offering an Amnesty Program for existing unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed prior to January 1, 2020, without proper building permits and inspections. This initiative provides a pathway for homeowner to legalize these units  through a simplified process without the fear of Code Enforcement disciplinary action.

Why Participate in the ADU Amnesty Program?

• Reduce possible health and safety risks to ADU occupants
• Waiver of enforcement fees and penalties for unpermitted construction
• Increase in property value and added legitimacy by having your ADU recognized by the City

Note: The ADU amnesty program allows pathway to legalization of unpermitted ADU and verification that the unit is not sub-standard. It does not imply that the unit meets Building Code standards or that building code violations do not exist.

How do I Participate in the ADU Amnesty Program?

1. Review the list of Sub-Standard Housing(PDF, 187KB)  conditions to assess the characteristics and condition of the second unit. Homeowners may choose to hire a confidential third-party code inspection from a licensed contractor to assist in this assessment.
2. Gather documentation to prove that the ADU was constructed prior to January 1, 2020. Documentation could include but is not limited to: contracts or receipts from construction, County Assessor initial date recognizing the unit, escrow documents identifying the unit and year of construction, notarized letter from previous owners or tenants, etc. to prove the ADU was constructed before January 1, 2020.
3. Reach out to Community Development staff with any questions prior to application. You may explore the program prior to formal application without risk of penalty or code enforcement.  Email com-dev@albanyca.org
4. Fully complete and submit the ADU Amnesty Program Application(PDF, 111KB)  along with all documentation gathered in step 2 above, as well as detailed ADU plans in pdf format and a copy of the Grant Deed of the subject property to com-dev@albanyca.org.
5. Community Development staff will review the application materials and decide whether the submitted documentation supports a determination that the ADU qualifies for the amnesty program. Additional documentation or clarification may be necessary.
6. Upon confirmation by staff of program eligibility, schedule a health and safety inspection with the City Building Inspector. A report of any housing conditions that must be addressed prior to legalization will be provided. Although this initial inspection is not a code enforcement inspection, the City cannot ignore conditions that present an immediate danger to life safety. Any such code violations posing an immediate danger to life safety will need to be addressed regardless of participation in the Amnesty Program.
7. Staff will prepare a deed restriction for the ADU that must be notorized and recorded with the county and then submitted to city staff. 
8. Make the required upgrades or modifications to resolve all identified substandard housing conditions. This may require pulling necessary building permits to complete the work.
9. Install a mailbox that is easily accessible to the mail carrier and apply for an address assignment for the new unit. Submit an email to com-dev@albanyca.org with requested address number (1/2 is not permitted) as well photographs of where the mailbox and address numbering are located.
10. Schedule a final inspection to verify ADU meets all regulatory requirements. 
11. Staff will issue a letter of acknowledgement that your ADU is now legal. Keep these records for future reference.

What is the Cost to Participate in the Program?

Fiscal Year 2024-2025 Planning Fees (fees subject to change)

The City of Albany has launched a pre-approved detached ADU Program to offer a faster and more cost-effective permitting process for adding a detached ADUs to a property.  Preapproved plans are ADU designs submitted by designers, architects, builders, and other qualified professionals and vetted in advance by Planning and Building & Safety. Once preapproved, they can be selected for use by homeowners to help expedite the plan check review timeline and lower permitting costs.

FOR DESIGNERS

Why would I want to submit for pre-approved plans?

Having your ADU plans preapproved by the City is a way to help your future clients move through the permitting process quickly and smoothly. All preapproved ADU plans will be featured on the City’s website to help connect you with homeowners who are interested in adding an ADU to their property. You will still retain your copyright, so any homeowner who wishes to use the design must contract with you to do so.

How to Apply for Pre-Approved Plans

1. Review the City’s ADU handout(PDF, 552KB)  for current ADU regulations and the Pre-Approved ADU Submittal Checklist(PDF, 182KB) for program submittal requirements. ADU plans must be for a new construction, detached, single-unit ADU designed for a single-family property. ADU Plans submitted for this program may not exceed 800 square feet in size.
2. Submit Application for ADU Pre-Approval Program(PDF, 187KB) , along with all submittal requirements as listed in the Checklist. A separate application is required for each plan set submitted. Email application submittal to permits@albanyca.org.
3. Applications are subject to a $1,500 Pre-Approved ADU Program fee for the initial application review. Applications will be charged on an hourly basis for each subsequent round of plan check.
4. Once pre-approved, plans will be posted on this website along with the contact information of the designer/vendor. Posting of pre-approved plans shall not be considered an endorsement of the vendor, and pre-approved plans will be removed from this website within 30 days of a vendor’s request for removal.
5. Pre-approved plans expire at the end of the building code cycle (December 31, 2025) and are only valid for permit applications submitted under the current code cycle. Reapplication and review for conformance with the updated code is required after this date.

Pre-Approved ADU Plans

Pre-approved plans are valid for building permits submitted prior to January 1, 2026, or until superseded by state law or locally adopted regulations.

No pre-approved plans are available at this time. Please check back later.

FOR HOMEOWNERS

Why Choose Pre-Approved Plan?

Pre-approved California ADU Plans are architectural plans for ADUs that have been inspected and authorized by the city’s planning or building departments. This speeds up the permitting process and reduces the possibility of minor planning errors that can cause delays.

 Are there drawbacks to a pre-approved plan?

Pre-approved plans are approved as is and do not allow modification or customization. Additionally, as each property is unique in terms of size, shape and existing development, there is no guarantee that a pre-approved plan will work on your property.

Is a pre-approved plan free?

No. You buy the plan directly from that architect or designer. Although architecture and design firms charge for their plans, you should  pay less for one of their pre-approved plans than you would for a custom design. In addition, you will need to pay for preparation of site specific submittal requirements (see section below) and plan check fees.

Is a pre-approved ADU plan the same as pre-permitted?

There’s a common misconception that you can walk into a planning department, pick a pre-approved plan from their library, and walk out that same day with a building permit. As much as we’d love this to be true, unfortunately, it’s not that easy.

Even with pre-approved ADU plans you still need to submit:

• A site plan
• A property survey
• A soils report
• Drainage Plan
• Fire sprinkler plan, if applicable

How to Use a Pre-Approved Plan

For homeowners who want to take advantage of this pre-approved ADU program, please follow the steps below:

1. Verify if your property qualifies for the pre-approved ADU program.
   • The property has and zoning allows one or more residential dwelling units (live/work does not apply)
   • The pre-approved plan can be placed on the lot in a manner that complies with the City's ADU regulations. See the City's ADU handout(PDF, 552KB)  for current ADU regulations. 
   • The proposed location for the ADU is not within a flood zone and does not contain a private or public easement. 
2. Explore the list of Pre-approved ADU plans on this page. Pre-approved ADU plans are subject to site-specific constraints. Prior to contracting with the vendor, homeowners are encouraged to schedule a time to review the proposal with Planning Staff to discuss if the selected pre-approved ADU plans are right for your property and to answer any questions on permit requirements. You can also email to planning@albanyca.org for inquiry on this program.
3. Once you have verified your property qualifies for the program and you have selected a pre-approve plan, contact the vendor to learn more about the applicability of the pre-approved ADU plans to your project site, pricing, and permitting process.
4. Contract with a pre-approved ADU vendor to prepare building permit submittal package that combines the pre-approved plans with site specific submittal requirements, including a property survey, soils report, site plan, drainage plan, foundation detail, and fire sprinkler system, if required. See the Pre-Approved ADU Building Permit Checklist(PDF, 182KB)  for a complete list of submittal requirements.
5. Submit a building permit, along with all submittal requirements as listed in the Checklist to permits@albanyca.org. 
6. The plan review fee will be charged on an hourly basis, which will be lower than the full plan review fee.

Note: Any modifications to the pre-approved ADU plans will not qualify for this program.