California ADU rules · Alameda County
Can I Build an ADU in Emeryville?
Yes — you can build an ADU in Emeryville. California's statewide ADU law requires every city, including Emeryville, 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
CA state law1 ADU + 1 JADU
At least one ADU and one JADU per single-family lot (a conversion ADU may also be possible).
Units on a multifamily lot
Local ruleconversions (>=1 or 25% of units) + up to 2 detached
Only 2 detached ADUs allowed on multifamily lots, not 4 or 8 as in state baseline.
Junior ADU (JADU)
Local ruleAllowed
JADUs allowed only in RM zone and as accessory to a single-unit principal use.
Size & height
Max detached ADU size
CA state law1,200 sq ft
Statewide default cap for detached new-construction ADUs in the absence of a compliant local ADU ordinance. The unconditional by-right floor a city must always allow is 800 sq ft (see Guaranteed minimum size); a city with a compliant ordinance may set its own ceiling.
Max attached ADU size
Local ruleNo explicit maximum for attached ADUs within the existing or proposed single unit structure or existing accessory structure. If attached but not within, same as detached rule.
No explicit attached ADU maximum; if not within, follows detached rule.
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 rule0 ft
Detached: 20 ft at 4 ft from rear lot line, up to 30 ft at 15 ft from rear lot line (step-down); attached: 25 ft at 4 ft, up to 30 ft at 15 ft (step-down).
Setbacks
Side setback
Local rule3 ft
Minimum 3 ft for ADUs up to 800 sq ft; otherwise, as principal structure.
Rear setback
CA state law4 ft
Front setback
Local rulesame as principal structure
Front setback for ADUs is the same as for the principal structure.
Separation from main house
Local rule6 ft
Detached ADUs must be separated from the principal unit by at least 6 feet.
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 if a garage/carport is converted to an ADU.
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
CA state lawOnly for a JADU
No owner-occupancy requirement for ADUs (the prior sunset was removed). A JADU may require owner-occupancy, principally where it shares sanitation with the main house.
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 ruleZoning compliance approval, Building permit
Both zoning compliance and building permits are required.
Emeryville allows only 2 detached ADUs on multifamily lots and requires a 6-foot separation between detached ADUs and the main house. Detached ADUs may exceed 1,200 sq ft if the principal unit is larger, and no parking is required for ADUs or JADUs.
Frequently asked questions
Can I build an ADU in Emeryville?
Yes. California's statewide ADU law requires Emeryville 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 Emeryville?
A detached ADU of at least 1,200 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 Emeryville?
Side and rear setbacks are limited to 3 ft. same as principal structure.
Is parking required for an ADU in Emeryville?
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 Emeryville?
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 Emeryville?
Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.
Sources
- Emeryville Municipal Code, Article 14 of Chapter 5, Title 9 (Ord. 24-011, effective Nov. 14, 2024)
- §9-5.1407
- §9-5.1405(b)
- §9-5.1408(a)(1)-(2)
- §9-5.1410(c)
- §9-5.1410(b)
- §9-5.1410(d)
- §9-5.1409(a)-(b)
- §9-5.1409(a)
- §9-5.1411, §9-5.1404
- 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 § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)
- 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 § 66315 (owner-occupancy)
- 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 Emeryville'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 Emeryville Planning before relying on it.
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