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 Building Permit ADU Submittal Checklist(PDF, 177KB) 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, 533KB), 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 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. Submit a copy of grant deed to subject property with legal property description so staff may prepare a deed restriction for the ADU.
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. Once the modifications are complete, schedule a final inspection to confirm that the ADU meets all regulatory requirements.
10. After passing the final inspection, 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 is located.
11. Submit a copy of the signed, notarized, and recorded copy of the deed restriction.
12. 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)