Berkeley ADU Regulations
We have been working on ADUs, additions, renovations, custom homes and other residential projects throughout Berkeley for almost a decade now. One of the exciting things we have experienced recently is that the codes and regulations for these projects, ADUs in particular, are being revised to make approvals much easier.
Because of the new California State laws regulating ADUs, many of the former hurdles and road blocks that slowed down or prevented these projects from happening are being removed. Now it is easier for homeowners to build ADUs on their property and take advantage of all the great benefits these projects provide.
ADUs, sometimes referred to as backyard cottages or even granny flats, allow you to maximize the use of your property by adding a new unit that can be used as a rental, for aging family members, or simple as added space for your family and a guest suite for visitors. Considering the high cost of housing, the skyrocketing rental market, and the desire to live in vibrant communities, ADUs are a great investment that increases your property value while improving your quality of life.
With our years of experience we have compiled some of the rules and regulations that affect ADU projects. It is our goal to educate you on what is allowed considering how often codes and regulations change. Our design-build teams works dozens of these projects each year so we must stay on top of all the changes. Hopefully this post will answer your questions and clarify what you are allowed to do. And of course, if you still have questions reach out to our team and we would be happy to talk about the specifics of your project.
ADU regulations for Berkeley, California effective January 1, 2020:
Zoning: allowed on all lots zoned for residential use, except in the following zones/circumstances: Environmental Safety-Residential (ES-R), Manufacturing (M), Mixed Manufacturing (MM), Mixed Use-Light Industrial (MU-LI), Unclassified (U), and on a lot with frontage on a roadway with less than 26 feet in pavement width in the Hillside Overlay (H).
Lot Size : no minimum lot size.
Maximum Size: 1,200 sf
Maximum Height: 16’
Setbacks: 4’ on side and rear of property
Entrance: Each ADU must have a separate entrance.
Kitchen: full kitchen is required
Parking: no additional parking is required
Replacement parking for existing dwelling unit(s) not required when a garage, carport, or covered parking structure is physically replaced by an accessory dwelling unit.
Deed Restrictions: The owner of the property must record a deed restriction with Alameda County that restricts the sale of the ADU from the existing dwelling unit(s) and prohibits Short Term Rentals.
Owner Occupancy: owner occupancy is not required.
Natural Gas Prohibition: you may not run natural gas to detached ADUs. Attached ADUs do not have a natural gas prohibition
Short Term Rentals: prohibited
Impact Fees: ADUs under 750sf, none. ADUs Equal to or Greater than 750sf, Impact fees collected must be proportional to square footage of existing dwelling unit(s).
Utility Fees: Connection fee or capacity charge “proportionate to the burden” of the ADU and may require new or separate utility connections.
In general, these rules are aiming to make it straightforward to build an ADU. It is great that the rules are being streamlined and simplified to make it easier for anyone to add an ADU to their property. Trust us, this is much improved from where we were a few years ago. It is also great that the State has stepped up to get all jurisdictions to simplify the rules and allow these projects.