Short version, as of November 2026: if your ADU meets the state standards, Oakland has to approve it without a hearing and decide within 60 days of a complete application. Setbacks cannot exceed 4 feet on the side and rear, detached units can be at least 16 feet tall, and ADUs of 750 square feet or less pay no impact fees.
The state rules at a glance
| Topic | Rule |
|---|---|
| Size a city must allow | At least 850 sq ft, or 1,000 sq ft with more than one bedroom |
| Junior ADU | Up to 500 sq ft inside the home or attached garage |
| Side and rear setbacks | No more than 4 feet; none for conversions |
| Detached height | At least 16 feet, more in some locations |
| Review | Ministerial; decision within 60 days of a complete application |
| Completeness check | Within 15 business days of submittal |
| Impact fees | None for ADUs of 750 sq ft or less |
| Owner occupancy | Not allowed for ADUs; limited cases for JADUs |
Garages and parking
Converting a garage does not require replacing its parking, and cities cannot require parking for an ADU within half a mile walking distance of public transit, among other exemptions.
Rentals and sales
State-guaranteed ADUs must be rented for terms longer than 30 days. Selling an ADU separately is only possible where the city has adopted an ordinance under AB 1033, or under a narrow nonprofit exception.
Oakland specifics
Oakland requires both Planning and Building permits for every ADU, offers pre-approved plans, bars stays shorter than 30 days, and adds requirements in creek areas and high-fire areas within the S-9 zone. The city updated its ADU planning code in 2025, so confirm the current version.
Sources, as of November 2026: California Government Code section 66310 and following (ADU law), including SB 543 (2025); California Department of Housing and Community Development, ADU Handbook. General information, not legal advice. City of Oakland ADU pages and 2025 ADU planning code amendments.
Updated November 2026