Permitting of an accessory dwelling vs. an accessory structure in Albany, CA

The Albany Planning Department has a very strict interpretation of an "accessory building" (that is not a dwelling with a kitchen) and what triggers a requirement to permit. Based on a conversation in February 2017, if a storage building (accessory structure) that is less than 120 square feet in size has power or electricity, then Albany requires a permit.

Similarly, if the accessory structure is intended for any use other than storage, Albany requires a permit. A workshop accessory building would require a permit based on the proposed use. This interpretation is unique to Albany.

Re: parking
When we spoke with the technician, he indicated that the main house is required to have 2 off-street parking spaces, and that an accessory dwelling unit would need 2 more off-street parking spots. We dug into the municipal code and found the exception, which is that if your house was built before 1958, the main house does not require any off-street parking, but the ADU would still need 2 off-street parking spots. When we asked at the city, the technician didn't explain that there were exceptions.

Re: planning and permit costs
By Albany’s definition, our project falls somewhere between an accessory building and an ADU. It exists in a grey zone, which their fee structure does not account for.

We determined a better approach to this project. Once we have a master plan for development of the backyard, we will sit down with the actual planner to review the project. At that time, we should get a clearer idea of the planning fees.

Editor’s note: A lot has changed in California and in Albany since 2017. Schedule a free call to talk with a New Avenue professional and ask about your project.