Alameda County

Emeryville ADU rules

Research summary of local ADU rules on file for Emeryville in Alameda County. Not a determination for a specific lot.

Last checked October 26, 2026.

City or county ADU page

Emeryville rules on file

Local rules recorded in this project for this jurisdiction. Where a city figure on file is stricter than the state baseline on file, both are shown.

Which rules apply
Emeryville's ADU rules are in Article 14 of its Planning Regulations (Secs. 9-5.1401 to 9-5.1412, last amended by Ordinance 24-011, effective November 14, 2024). Its zone limits and its limit on detached ADUs at multifamily lots are left out of this summary because they may conflict with state law; state rules apply to those items.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Secs. 9-5.1401-9-5.1412, accessed 2026-10-25.

Review and timing
The Planning Director reviews ADU and junior ADU proposals for compliance with Article 14 through zoning compliance review, in consultation with the City's building and fire chiefs. The City acts within 60 days of a complete application, and the Director's decision is final.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1403, accessed 2026-10-25.

800 sq ft ADU
Nothing in Article 14 prevents an ADU of up to 800 sq ft with side setbacks of at least 3 ft and rear setbacks of at least 4 ft.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1404, accessed 2026-10-25.

Density and floor area
ADUs and junior ADUs do not count toward the floor area ratio or residential density limits. The lot does not have to meet minimum lot size or width.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Secs. 9-5.1406, 9-5.1410(a), accessed 2026-10-25.

How many units on a single-unit lot
On a lot with one existing or proposed single unit: one ADU and one junior ADU inside the home, plus one detached or attached ADU, which may be combined with a junior ADU.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1407(a), accessed 2026-10-25.

Units inside multifamily buildings
On a lot with more than one existing unit: one ADU, or 25% as many ADUs as there are existing units (whichever is more), inside non-livable parts of the existing buildings such as storage rooms, attics, basements and garages.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1407(b)(1), accessed 2026-10-25.

Size limits
An ADU inside the home or an existing accessory structure has no maximum size and may add up to 150 sq ft for entry. A detached or attached ADU must be at least 150 sq ft and may be up to the size of the largest main unit or 1,200 sq ft, whichever is greater. On lots with more than one existing unit there is no maximum ADU size.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1408, accessed 2026-10-25.

Parking
No parking is required for the ADU or the existing home, and no replacement parking is needed when a garage or carport is converted or replaced. Any parking that is provided may be tandem and may sit in required setbacks.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1409, accessed 2026-10-25.

Setbacks
Same setbacks as the existing home, except a 4 ft minimum rear setback, and no setback for a garage, carport or other existing structure converted to or replaced by an ADU.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1410(b), accessed 2026-10-25.

Height
Up to 30 ft starting 15 ft from the rear lot line, stepping down to 25 ft (attached) or 20 ft (detached) at 4 ft from the rear lot line.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1410(c), accessed 2026-10-25.

Separation and open space
A detached ADU must be at least 6 ft from the main unit. Lots that add an attached or detached ADU to the building footprint need 200 sq ft of shared or private usable open space (not required for the 800 sq ft ADU in Sec. 9-5.1404).
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1410(d)-(e), accessed 2026-10-25.

Design
ADUs follow the applicable objective provisions of the Emeryville Design Guidelines. No formal design review is required.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1411, accessed 2026-10-25.

Sale and short-term rentals
An ADU may not be sold separately from its main home except as Gov. Code 66341 allows. Short-term rentals are not allowed in ADUs or junior ADUs.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1412(a)-(b), accessed 2026-10-25.

Sewer lateral and sprinklers
An ADU must meet the City's sewer lateral rules (Title 7, Ch. 8), which can mean inspecting or replacing the lateral. Fire sprinklers are needed in the ADU only if the main unit needs them.
Source: Emeryville Planning Regulations Art. 14 Accessory Dwelling Units and Junior Accessory Dwelling Units (eCode360; as amended by Ord. 24-011, eff. Nov. 14, 2024), Sec. 9-5.1412(c)-(d), accessed 2026-10-25.

Where to ask
Emeryville Planning Division. The City's ADU page has its ADU information and contacts.
Source: City of Emeryville, Accessory Dwelling Units page, accessed 2026-10-25.

California state rules on file

The statewide baseline recorded from state law and the HCD ADU Handbook.

Detached size cap described in state law
1,200 sq ft. Recorded in this rules file from Government Code section 66314.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Side and rear setback cap for a new ADU
4 ft. Recorded in this rules file from Government Code section 66314, which describes a cap on side and rear setbacks for a new ADU.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Setback for a conversion of an existing structure
No additional setback, as recorded in this rules file from Government Code section 66314 for a conversion of an existing structure.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum lot size
A city may not impose a minimum lot size for an ADU, as recorded in this rules file from Government Code section 66314.
Source: California Government Code section 66314, 66314, accessed 2026-10-16.

Minimum unit the handbook says cities must allow
At least an 800 sq ft ADU with 4 ft side and rear setbacks. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(3).
Source: HCD ADU Handbook, 66321(b)(3); handbook updated March 2026, accessed 2026-10-16.

Detached height described in the handbook
16 ft, or 18 ft or 20 ft in some cases. The HCD ADU Handbook (updated March 2026) describes this under section 66321(b)(4).
Source: HCD ADU Handbook, 66321(b)(4); handbook updated March 2026, accessed 2026-10-16.

Permit decision deadline
60 days. Recorded in this rules file from Government Code section 66317(a)(3): the permitting agency must decide on (approve or deny) a completed ADU application within 60 days when an existing single-family or multifamily dwelling is on the lot. Section 66317(a)(1) says the application is considered ministerially, without discretionary review or a hearing.
Source: California Government Code section 66317, 66317(a)(1), (a)(3), accessed 2026-10-17.

Owner-occupancy requirement
None. Recorded in this rules file from Government Code section 66315: a local agency may not impose an owner-occupancy requirement on an ADU. It may require that the property be used for rentals of terms 30 days or longer. The HCD ADU Handbook (updated March 2026) describes the same rule.
Source: California Government Code section 66315, 66315; HCD ADU Handbook updated March 2026, accessed 2026-10-17.

Parking near public transit
No parking standards within one-half mile walking distance of public transit. Recorded in this rules file from Government Code section 66322(a)(1). Section 66322(a) lists several other cases where parking standards may not be imposed.
Source: California Government Code section 66322, 66322(a), accessed 2026-10-17.

Ministerial categories
The HCD ADU Handbook (updated March 2026) states that Government Code section 66323 sets four ministerial categories. This rules file does not restate those four categories.
Source: HCD ADU Handbook, 66323; handbook updated March 2026, accessed 2026-10-16.

Fire Hazard Severity Zones
If your lot is in a Fire Hazard Severity Zone, the CAL FIRE Office of the State Fire Marshal says in Information Bulletin 25-004 (issued March 3, 2025): “Fire Hazard Severity Zones (FHSZs) should not restrict the development of Accessory Dwelling Units (ADUs). However, additional building standards may be necessary, including but not limited to California Fire Code Chapter 49 and California Building Code Chapter 7A.” State ADU law does not itself bar an ADU there. A city or county may still apply its building code, including wildfire-resistant construction (Gov. Code 66314(d)(8)); require side and rear setbacks “sufficient for fire and safety” for a unit converted under 66323(a)(1); and decline parking in setbacks on specific fire and life safety findings (66314(d)(10)(B)). It may also consider public safety when it designates where ADUs may be permitted (66314(a)). Sprinklers can't be required in an ADU or JADU if the primary residence doesn't need them (66314(d)(12), 66323(d)). Some cities and counties still apply their own fire-zone limits. Where this summary has one, it is listed with the local rules. This summary does not look up your lot. Check the CAL FIRE Fire Hazard Severity Zone map viewer linked from the State Fire Marshal's Fire Hazard Severity Zones page: https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9
Source: CAL FIRE Office of the State Fire Marshal Information Bulletin 25-004, page 4, issued March 3, 2025; Gov. Code 66314, 66323, accessed 2026-10-20.

State baseline on the directory → · State ADU rules on the homepage →

Can I build an ADU in Emeryville?

State law sets a baseline for ADUs in Emeryville, and the local standards on file are listed on this page. Whether a specific lot can add an ADU depends on zoning, utilities, and other site facts this page does not measure. Confirm with the City of Emeryville Planning Division, or run a free address summary.

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