California ADU rules · Alameda County
Can I Build an ADU in Albany?
Yes — you can build an ADU in Albany. California's statewide ADU law requires every city, including Albany, to approve a qualifying accessory dwelling unit by right, plus a junior ADU (JADU) on a single-family lot. What varies city to city are the local specifics below.
Can you build one?
ADUs allowed
CA state lawYes — by right
ADUs and JADUs are allowed by right in all residential and mixed-use zones; ministerial approval, no hearing.
Units on a single-family lot
Local ruleOption 1: 1 JADU + 1 attached/new detached/converted ADU; Option 2: 1 JADU + 1 new detached ADU (max 800 sqft) + 1 converted ADU
Allows up to 3 units (1 JADU, 1 new detached ADU, 1 converted ADU) on single-family lots under certain conditions.
Units on a multifamily lot
Local rule1 attached, detached, or converted ADU OR 2 detached ADUs; AND at least 1 converted ADU per building (up to 25% of units, rounded); JADUs not permitted
Local rule allows up to 2 detached ADUs and at least 1 converted ADU per multifamily building.
Junior ADU (JADU)
Local ruleAllowed
JADUs allowed only on single-family lots; not permitted on multifamily lots.
Size & height
Max detached ADU size
Local rule1,000 sq ft
Detached ADU max: 850 sqft (1 bedroom), 1,000 sqft (2+ bedrooms); must allow at least 800 sqft by state law.
Max attached ADU size
Local rule850 (1 bedroom) or 1,000 (2+ bedrooms); must allow at least 800 sqft regardless of percentage of primary dwelling
Local cap is 850/1,000 sqft; state minimum of 800 sqft always applies.
Guaranteed minimum size
CA state law800 sq ft
An 800 sq ft ADU must be allowed regardless of FAR/lot-coverage caps; a city also cannot cap an attached ADU below 850 sq ft (1,000 for 2+ bedrooms).
Max JADU size
CA state law500 sq ft
Max height
Local rule20 ft
Detached ADU max height 20 ft; attached ADU up to 25 ft or 28 ft if matching roofline/daylight plane.
Setbacks
Side setback
Local rule3 ft
Local side/rear setback is 3 ft, but must allow 4 ft for 800 sqft ADUs per state law.
Rear setback
Local rule3 ft
Local side/rear setback is 3 ft, but must allow 4 ft for 800 sqft ADUs per state law.
Front setback
Local rule15 feet (not required for detached ADUs up to 800 sqft per state law)
Local front setback is 15 ft, but state law preempts for 800 sqft ADUs.
Separation from main house
Local rule6 ft
6 ft separation required for detached ADUs on single-family lots; 10 ft on multifamily.
Parking
Parking required
Local ruleNone
No parking required for ADUs or JADUs.
Transit parking exemption
CA state lawYes — no parking required near transit & for conversions
No parking may be required within ½ mi walking distance of transit, in a historic district, for an ADU within an existing structure, within one block of car-share, or in certain permit-parking areas.
Garage-conversion replacement parking
Local ruleNot required
No replacement parking required for garage/carport conversions.
Approval, timeline & cost
Approval path
CA state lawMinisterial (by right)
No public hearing or discretionary design review for a qualifying ADU.
Approval timeline
CA state law60 days
The agency must act within 60 days of a complete application — and the ADU is deemed approved if it does not.
Owner-occupancy
Local ruleOnly for a JADU
Owner-occupancy required for JADUs only; not required for ADUs.
Impact-fee waiver
CA state lawWaived under 750 sq ft
An ADU of 750 sq ft or less pays no impact fees (the 750 sq ft threshold itself is exempt under § 66311.5); larger ADUs pay fees proportional to the primary dwelling. JADUs (≤ 500 sq ft) are exempt.
Permits required
Local ruleBuilding permit, Deed restriction
Deed restriction required for ADUs/JADUs in addition to building permit.
Albany allows up to three units (including a JADU and both a new detached and a converted ADU) on single-family lots under certain conditions. Local maximum sizes for detached and attached ADUs are 850/1,000 sqft, with a 3-foot side/rear setback, but state minimums override where more permissive.
Frequently asked questions
Can I build an ADU in Albany?
Yes. California's statewide ADU law requires Albany to approve a qualifying accessory dwelling unit ministerial (by right), plus a junior ADU (JADU) on a single-family lot.
How big can an ADU be in Albany?
A detached ADU of at least 1,000 sq ft must be allowed, and an ADU of 800 sq ft can never be zoned out by floor-area or lot-coverage limits. A JADU can be up to 500 sq ft.
What are the setback requirements for an ADU in Albany?
Side and rear setbacks are limited to 3 ft. 15 feet (not required for detached ADUs up to 800 sqft per state law).
Is parking required for an ADU in Albany?
None. No parking can be required within ½ mile of transit, for conversions, or for units inside the primary home. When a garage is converted, replacement parking is not required.
How long does ADU approval take in Albany?
A complete application must be acted on within 60 days, with ministerial (by right) — no public hearing or discretionary design review for a qualifying ADU.
Do I have to live on the property to build an ADU in Albany?
Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.
Sources
- Albany Municipal Code § 20.20.080 (amended 1-16-2024 by Ord. No. 2023-07)
- Albany Municipal Code § 20.20.080(D)
- Albany Municipal Code § 20.20.080(B), (D), (G)
- Albany Municipal Code § 20.20.080(E) Table E
- Albany Municipal Code § 20.20.080(E) Table E, Table F
- Albany Municipal Code § 20.20.080(G)
- Albany Municipal Code § 20.20.080(G)(6)
- Cal. Gov. Code §§ 66310–66342 (ADU Law)
- HCD 2025 Accessory Dwelling Unit Handbook
- Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)
- Cal. Gov. Code § 66321 (size minimums & height)
- Cal. Gov. Code § 66333 (junior ADUs)
- Cal. Gov. Code § 66322 (ADU parking; § 66334 covers JADU parking)
- Cal. Gov. Code § 66311.5 (impact fees: none for an ADU ≤ 750 sq ft or JADU ≤ 500 sq ft)
Last updated 2026-06-25. This is an AI-assisted summary of Albany's ADU rules, drawn from its published ordinance and California ADU law — general information, not legal advice, and it may be incomplete or out of date. Verify the controlling rule for your specific parcel with Albany Planning before relying on it.
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