ADU Pass
Oakland
Alameda County portion
Also in: No County
ADU Pass helps homeowners in Oakland, Alameda County, California navigate the permit paperwork for building an accessory dwelling unit. This area covers 13 ZIP codes.
Map
ADU details
ADU legality: allowed
Permitted by-right under ministerial review. Oakland processes One-Family ADU and pre-approved-plan applications through the Accela online portal launched 2025-09-20.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 400 | $4,500 | $252,000 | $256,500 |
| 600 | 600 | $9,500 | $378,000 | $387,500 |
| midpoint | 700 | $11,000 | $441,000 | $452,000 |
| 1000 | 1,000 | $18,500 | $660,000 | $678,500 |
Fee breakdown (as of 2026-04)
Permitting process
- Pre-application research (~5d)
Confirm site eligibility on Oakland Online (Accela) parcel viewer; check Chapter 17.103 setback/height/category type; confirm zoning (RD/RH/RM) and any overlay (S-9 historic, S-13 hillside, S-19 SCPAD). - Submit application via Accela Citizen Access (~1d)
Submit One-Family ADU Application (form updated 2024-07-31) at aca-prod.accela.com/OAKLAND. Pre-approved-plan applicants flag the pre-approved track in submittal. Site plan, floor plan, elevations, Title 24 energy report, structural plans required. - Initial completeness check (~15d)
Planning Bureau checks the application is complete within 15 business days per state-law deemed-complete requirement. - Plan check (zoning, building, MEP, fire) (~35d)
Concurrent plan review across Planning, Building, Fire (sprinkler verification), MEP. Pre-approved plans receive abbreviated review. - Permit issuance (~5d)
Once corrections cleared and fees paid, permit issues. Total ministerial limit is 60 days from complete submittal per state law. - Construction inspections
Foundation, framing, MEP rough, insulation, drywall, final. Inspections requested through Accela. - Certificate of occupancy (~5d)
Final inspection pass triggers CO; ADU eligible for occupancy and rental.
Viability (permitted uses)
- Long-term rental: yes (Oakland Planning Code Chapter 17.103) 30+day rental of ADU permitted. Rent-stabilization (Just Cause Ordinance) generally exempts newly-constructed ADUs in single-family zones; verify with Rent Adjustment Program for multi-family conversions.
- Short-term rental: with-restrictions (Oakland Municipal Code Chapter 5.95 (Short-Term Residential Rentals)) Oakland regulates STRs separately from ADU permitting. ADU may be used for STR if registered and tax compliant.
- Host registration with City required
- BPL business tax certificate
- Primary-residence status often required for full-unit STR
- Office rental: no Chapter 17.103 limits ADUs to dwelling-unit use; commercial office tenancy not permitted in residentially-zoned ADU.
- Home office: yes Home occupation permit available citywide; signage and customer-traffic limits apply.
- Studio / workshop: yes Personal artist/workshop use is a permitted accessory residential use.
- Agriculture: with-restrictions (Oakland Urban Agriculture provisions in Planning Code) Limited backyard agriculture and small-livestock allowed by district; ADU itself remains residential.
- Relative support: yes Family-occupancy ADU explicitly permitted; JADU specifically designed for owner+relative arrangement.
Incentives
- CalHFA ADU Grant Program — $40,000 one-time (when funded) (Income-qualified Oakland homeowners; reimburses pre-construction soft costs)
- Oakland Pre-Approved ADU Plans — City offers Studio, 1BR, and 2BR detached ADU pre-approved drawing packages at no cost; plan-check fees reduced by several hundred to several thousand dollars for participants.
- SB 13 Impact Fee Waiver (under 750 sqft) — California state law prohibits impact, capacity, or connection fees on ADUs under 750 sqft. Applies in Oakland.
Pre-approved plans Oakland Pre-Approved ADU Plans · 3 free designs · 40% plan-review fee waiver · saves ~4 weeks
Contacts
Staff: Zoning Application Submittal Appointments (Permit Counter / Zoning Intake), Citywide and Strategic Planning Division (Long-Range Planning)
Utilities
- Water: East Bay Municipal Utility District (EBMUD) · 30d connect · $5,800
- Sewer: City of Oakland Sewer (with EBMUD wastewater treatment) · 21d connect · $4,200
- Electric: Pacific Gas & Electric (PG&E) · 45d connect · $2,400
- Gas: Pacific Gas & Electric (PG&E) · 45d connect · $1,800
Property values & taxes
Market rent by ADU size
| Sq ft | Rent |
|---|---|
| 400 | $1,850/mo |
| 600 | $2,475/mo |
| 800 | $2,950/mo |
| 1,000 | $3,450/mo |
Construction timeline
Realistic total: best 8mo · typical 13mo · worst 22mo
Bay Area GC backlog and EBMUD/PG&E utility coordination drive long worst-case. Hillside parcels (S-13) and historic-district S-9 add 4-8 weeks design + plan-check.
Modular pathway California HCD Factory-Built Housing Program · inspectors are occasional with modular · 8 modular permits (last 24mo)
Bay Bridge clearances, hillside-access weight restrictions in Oakland Hills, narrow lanes in Rockridge / Temescal limit module width.
Financing
State ADU loans:
- CalHFA ADU Grant Program (California Housing Finance Agency) up to $40,000
- HCD ADU Funding Resources Index (California Department of Housing and Community Development)
Insurance impact
Bay Area wildfire (Oakland Hills) and seismic exposure inflate carrier premium quotes. Insurer pullback on California has narrowed market - California FAIR Plan may be primary option in Hills; premium delta higher there ($1100-1500).
HOA prevalence & preemption
Oakland is predominantly fee-simple single-family on individual lots; HOA prevalence is lower than suburban Alameda County. State law voids HOA covenants prohibiting ADUs on single-family lots.
Regulatory overlays (6)
- historic-district — S-9 Historic Preservation Combining Zone covering Preservation Districts including Oak Center, Old Oakland, Lakeshore-Trestle Glen, Wood Street, Mountain View Cemetery District · +30d · +8% cost
S-9 triggers Architectural Review Board / Landmarks Preservation Advisory Board review for ADUs in designated districts. (map) - wui-fire-zone — Oakland Hills Very High Fire Hazard Severity Zone (Caldecott Tunnel area through Skyline Blvd corridor and east of Highway 13) · +21d · +12% cost
CBC Chapter 7A wildfire-rated assemblies required: Class A roof, ember-resistant vents, ignition-resistant siding within 5 ft, defensible space. (map) - seismic-retrofit-zone — Hayward Fault traverses Oakland east hills (Berkeley to East Oakland); Soft-Story Ordinance applies to certain wood-frame buildings · +14d · +6% cost
Seismic Design Category D2 per ASCE 7. ADU on existing soft-story parcel may trigger upgrade requirements. (map) - flood-zone — FEMA SFHA Zone AE along Lake Merritt / Estuary / Damon Slough; coastal A and X-shaded zones in west and south Oakland · +14d · +8% cost
Finished-floor elevation requirements; flood vents on enclosed below-base areas; flood insurance required for federally-backed financing. (map) - airport-noise-zone — Oakland International Airport (KOAK) 65+ CNEL noise contours covering East Oakland and parts of San Leandro flightpath; Alameda County ALUC controls · +7d · +3% cost
Sound-attenuation construction (STC 30+) may be required in 65+ CNEL contours. (map) - other — Hillside Combining Zone (S-13) on parcels exceeding city slope thresholds (mainly Oakland Hills, Crocker Highlands, Montclair) · +21d · +15% cost
Hillside grading, geotech soils report, view-impact analysis can apply on 20%+ slope parcels. (map)
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Oakland Local Building Code Amendments — Local amendments include Soft-Story Ordinance retrofit triggers, Hayward-Fault-area geotech requirements.
- CBC Chapter 7A - Wildland-Urban Interface — Required in Oakland Hills VHFHSZ - ignition-resistant assemblies.
Contractor market (aggregate)
Legal history (timeline)
Current ordinance: Oakland Planning Code Chapter 17.103 - Accessory Dwelling Unit Regulations, adopted 2017-04-04, last amended 2024-04-01
- 2017-04-04 — Oakland Secondary Unit (ADU) Ordinance, Ord. No. 13396 C.M.S. (city-ordinance)
Oakland's first comprehensive overhaul of its secondary-unit code aligning local zoning with the 2017 state ADU bills (SB 1069 / AB 2299).
Effect: Replaced the previous 'second-unit' framework with by-right ADUs in residential zones; removed parking requirement within 1/2 mile of transit; cut owner-occupancy duration; reduced minimum lot-size triggers. - 2020-04-21 — Oakland ADU Ordinance Amendment, Ord. No. 13593 C.M.S. (city-ordinance)
Conformance amendment to align Oakland's ADU provisions with the 2020 California ADU statute changes (AB 68, AB 881, AB 587, SB 13, AB 670).
Effect: Adopted statewide ministerial 60-day review, removed owner-occupancy on most categories, codified the One-Family Category One/Two and Multifamily Category One/Two structure used in Chapter 17.103 today. - 2023-07-05 — HCD Review Letter - Oakland ADU Ordinance (other)
California HCD issued findings on Oakland's ADU ordinance flagging required corrections.
Effect: Triggered the 2024 cycle of ordinance revisions to clean up height-measurement, setback-exception, and front-setback provisions. - 2024-01-01 — AB 976 (2023) - Permanent prohibition on owner-occupancy (state-law)
Permanently bars California cities from imposing owner-occupancy requirements as a condition of ADU permitting.
Effect: Removed Oakland's prior owner-occupancy condition from the One-Family categories; Junior ADUs (JADUs) under 500 sqft retain a separate state-law owner-occupancy requirement. - 2025-09-20 — Online Permit Application Rollout for ADUs and New Construction (city-ordinance)
Oakland Planning & Building launched online intake via Accela for One-Family ADU permits and large new-construction permits.
Effect: Replaced in-person counter-only ADU intake with Accela online application, including pre-approved-plan track. Initial rollout covered Single-Family ADUs first. - 2025-12-10 — HCD Compliance Letter - Oakland ADU Ordinance (December 2025) (other)
California HCD's most recent compliance review of Chapter 17.103 ADU provisions.
Effect: Confirmed Oakland's amended ordinance satisfies current state ADU requirements, with notes on continued attention to Section 17.103.080 A.12 front-setback exception language.
Known issues (1)
- policy-review (since 2025-12) — HCD's Dec 2025 review letter noted the front-setback language requires further refinement; expect minor ordinance amendment in 2026. (source)
Alameda County — county ADU rules and overlays
County ADU ordinance
California state — ADU law and programs
State ADU law
California has the most aggressive statewide ADU preemption regime in the US, built from ~15 bills passed 2019-2025 and enforced by the Department of Housing and Community Development (HCD). The 2026 HCD ADU Handbook addendum (in effect with the 2025 Title 24 code cycle) is the operative state-level reference. The regime does four things at once: (1) preempts local zoning that would ban or unreasonably restrict ADUs; (2) imposes by-right ministerial approval with short statutory deadlines; (3) caps fees and utility-connection charges; and (4) empowers HCD to void non-compliant local ordinances.
State HOA preemption
California has the strongest statewide HOA-preemption regime in the US for accessory dwelling units, built from two bills: AB 670 (2019) voided ADU-prohibiting covenants on single-family residential lots, and AB 3182 (2020) extended and codified the preemption into the Davis-Stirling Common Interest Development Act (Civil Code §§ 4740 / 4741). The combination prohibits common-interest communities from banning ADUs, restricting rentals below 25% of separate interests, or treating ADUs as separate HOA interests. Limits remain: HOAs retain authority over reasonable design standards and statutory height limits, and the 2026 Carlsbad case (CalMatters coverage) established that an HOA's documented design-standards regime can effectively delay or constrain ADU approval short of outright prohibition.
State financing programs
California's flagship state-level ADU financing program — the CalHFA ADU Grant Program — is paused and has not been refunded since the original $100 million allocation was fully deployed 2023-12-28. The program provided up to $40,000 per qualifying homeowner for pre-construction and non-recurring closing costs and financed approximately 2,500 ADUs in two rounds. As of 2026-04, no new funding round has been announced in the state budget. CalHFA continues to publish anti-scam warnings because bad actors actively solicit homeowners claiming access to grant funds that no longer exist. State-level financing activity has shifted to local pilot programs (San Francisco, San Jose, Los Angeles, San Diego) and private financing products (Fannie Mae ADU mortgage, HELOC, construction-to-permanent).
State housing programs
California's state-level ADU programs are concentrated at HCD (technical guidance, ordinance review, enforcement) and the paused CalHFA grant pipeline (covered under stateFinancing). The state does not operate a central pre-approved ADU plan library — instead, AB 1332 (2024) created a preemption framework for local pre-approved plans with a 30-day ministerial-approval deadline, and major cities (Los Angeles, San Diego, San Jose, Sacramento, Berkeley) have rolled out their own plan catalogs. The California YIMBY coalition and other housing-policy organizations play an influential role in bill drafting; they are not state agencies but effectively drive much of the ADU legislative agenda. The Title 24 code cycle (now 2025, in effect for 2026 permits) is the authoritative building-code baseline.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.
ZIP Codes
- 94601
- 94602
- 94603
- 94605
- 94606
- 94607
- 94609
- 94610
- 94611
- 94612
- 94618
- 94619
- 94621
Post Office
- 1301 Clay St, 94612
- 1445 34th Ave, 94601
- 195 41st St, 94611
- 201 13th St Ofc, 94612
- 2226 Macarthur Blvd, 94602
- 3630 High St, 94619
- 490 Lake Park Ave, 94610
- 4900 Shattuck Ave, 94609
- 577 W Grand Ave, 94612
- 8033 Macarthur Blvd, 94605
- 8495 Pardee Dr, 94621