STATEWIDE UPDATE: New California ADU Bills SB13, AB68, AB881, AB670 have passed. These laws will create more options for building an ADU in San Leandro in 2020. To prepare for the upcoming changes use our ADU Services to learn how these laws will effect your property!
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San Leandro ADUs

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Last Updated 08/11/19

codes

The city government of San Leandro will approve ADUs under California's statewide mandated regulations.
The California Building Code (CBC) 2016 is adopted with the following amendment(s): 16-629
Relevant state bill updates for SB13, AB68, AB881, AB670 are shown in green below.


hintsights

City Hint: The city has not yet responded to requests for ADU permit volumes for the past year, but they will be provided here once response has been received.


Zoning

Number of ADUs allowed:

An ADU may only be permitted where there is one principal residence on the lot. In no case shall the number of dwelling units on the lot exceed two (2). are not permitted in duplexes, triplexes, or other buildings with more than one principal residence.

AB68 & AB881 Update: Properties which convert existing space to create ADUs may be eligible for one ADU -AND- one JADU.

Types of ADUs allowed:

Both attached and detached ADUs are allowed. Attached ADUs may be within the envelope of the primary dwelling, or may be wholly or partially created through an addition to the primary dwelling. Attached ADUs may be permitted on conforming lots of any size.

Lot size:

No minimum lot size required.

AB68 & AB881 Update: Properties will not be subject to minimum lot standards by ordinance or of the applicable zoning district.

ADU size:

An ADU on a lot that is seven thousand five hundred (7,500) square feet or less shall be allowed to contain a floor area of up to ten percent (10%) of the lot area, or fifty percent (50%) of the heated floor area of the primary dwelling, whichever is less, up to a maximum of seven hundred fifty (750) square feet. Lot size over 7,500 square feet - Maximum ADU floor area 7,500-9,999 square feet - 750; 10,000-19,999 square feet - 900; 20,000-39,999 square feet - 1,050; 40,000 square feet or more - 1,200

AB68 & AB881 Update: Properties will be allowed up to 850 square feet for a one bedroom or up to 1,000 square feet for a two bedroom ADU.

Setbacks:

Required Setbacks. Excepted as indicated in subsection (D) (7) below, ADUs shall comply with all setback requirements established by the Zoning Code. Attached ADUs shall not be permitted in a required yard. Detached ADUs are required to meet setback requirements established by this Code related to accessory structures, while detached ADUs in the RO District shall comply with all setback requirements defined in RO District.

AB68 & AB881 Update: The maximum required setback for a detached new construction ADU shall be no more than 4 feet from the rear or side property lines.

Parking:

Parking, Where Required.

a. Parking for ADUs shall be provided in a manner consistent with California Government Code Section 65852.2. In the event of a conflict between the provisions of this section and the provisions of this Code for off-street parking and loading, the provisions of this section shall apply.

b. A minimum of one independently accessible off-street parking space shall be required for the ADU, in addition to any parking spaces required for the principal dwelling. For ADUs with more than one bedroom, one additional space shall be required for each bedroom. These parking requirements may be waived pursuant to subsection (D)(6) below.

c. Parking for an ADU may be provided through any of the following methods:

i. Conventional garages or carports.

ii. Uncovered paved areas such as an extended driveway.

iii. Tandem parking in an existing driveway.

The ADU parking space may be located within required setback areas, where consistent with the other parking requirements established by this Code.

AB68 & AB881 Update: Properties which convert an existing garage will not be subject to replacement parking requirements.

Fire Safety:

A smoke alarm and carbon monoxide detector shall be installed in all ADUs.
shall not be held to a higher standard than the principal residence for fire sprinklers. Fire sprinklers shall only be required if they would be required for an equivalent addition or modification of space on a residential property that was not associated with an ADU.

Shape, materials and style:

The ADU maintains the scale of, and is visually compatible with, adjoining residences and the residences in the immediate vicinity; and its building materials, forms (e.g., roof pitch), colors, and exterior finishes are compatible with those on the existing dwelling;

Subordinate to existing dwelling. The ADU shall be visually subordinate to the existing dwelling, with an exterior entry that is clearly made to appear secondary to the entry to the existing dwelling. If the ADU is on a second story, it shall not be accessed by an exterior stairway that is visible from the public right-of-way.

Height:

Height and Building Coverage. The basic requirements of Article 5 (Residential Districts) shall apply, except as follows: a.) that are created through the construction of new habitable space above the first floor shall be prohibited. However, an ADU created through the conversion of existing habitable space above the first floor shall be ministerial permitted if it meets the other design and development standards of this section. b.) Article 5 requirements may be modified by an overlay district.

Design review:

An ADU that meets the applicable locational and development standards of this Code shall be subject to ministerial review and approval. All permits shall be issued within one hundred twenty (120) days of submission of a complete application for ADUs conforming to the provisions of the code.

detached ADUs shall be ministerially permitted on lots larger than seven thousand five hundred (7,500) square feet . On lots that are seven thousand five hundred (7,500) square feet or less, a detached ADU may be considered through a Site Plan Review process through the Zoning Enforcement Official.

Residential Site Plan Review. For ADUs located in an RO, RS, or RS-40 District that meet the standards for Residential Site Plan Review as defined in this Code, the ADU shall comply with Section 2-580(H)—Residential Site Plan Review Standards.

10. View Preservation/Site Plan Review. For ADUs located in a RS-VP District that meet the standards for View Preservation/Site Plan Review defined in this Code, the ADU shall comply with Section 2-582(D)(6)—View Preservation/Site Plan Review Standards.

Number of Bedrooms:

Not specified by State Standards.

Ownership:

For ADUs located in a RO, RS, RS-40, or RS-VP District, the primary dwelling or accessory dwelling shall be owner occupied and eligible for a homeowner’s exemption for State tax purposes.

Prohibition on Short-Term Rental. The rental of ADUs for terms shorter than thirty (30) days shall be prohibited.

The City shall file a Notice of Occupancy Restriction with the Alameda County Recorder within thirty (30) days from the date of the approval of the ADU. The Restriction shall include a prohibition on the sale of the ADU separate from the sale of the principal residence and that the primary dwelling or accessory dwelling shall be owner occupied, including a statement that the deed restriction may be enforced against future purchasers.

SB13 Update: Owner-occupancy requirements for ADUs will be voided statewide for 5 years.

Utility connections:

Public and utility services including emergency access are adequate to serve both dwellings.

Definition:

“Accessory dwelling unit” (ADU) means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

Historic Requirements:

The ADU is not located on, or adjacent to, real property that is listed in the California Register of Historic Places.

Entry:

Entryway shall be clearly subordinate to the primary entry of the home.

Connection to Street. No passageway shall be required in conjunction with the construction of an ADU, unless such a connection is mandated by the Americans with Disabilities Act or other State or Federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky, that extends from the street to the door of the ADU.

Allowed Zones:

There is no specific zoning required for an ADU. That’s the case in all of California. Any website that claims otherwise would be erroneous. The requirement is that the property has to have a single-family house. You can visit the state law website on ADUs for that information.

AB68 & AB881 Update: ADUs will be allowed statewide in all single-family or multi-family zoning districts.

Lot Coverage:

Detached ADUs are required to comply with the fifty percent (50%) maximum building coverage requirements for Accessory Structures in the RS, RD and RM-3000 Districts. Detached ADUs in the RO District shall comply with applicable zoning requirements for the RO District.

Existing Garage Conversions

Garage Modifications. An existing garage may be converted to an ADU only if the ADU meets the design and development standards of this section, including all off-street parking requirements for the ADU and the principal residence. The following additional provisions shall apply, as required by California Government Code Section 65852.2(a)(l)(D).

a. No setback shall be required for an existing garage that is converted to an ADU, provided that the construction complies with all applicable building and fire codes.

b. If a garage or carport is demolished in conjunction with construction of an ADU, the replacement parking spaces for the principal residence and ADU may be met in any configuration on the same lot as the ADU, including, but not limited to, covered spaces, uncovered spaces, and tandem spaces. However, as required by the off-street parking and loading sections of this Code, paving for parking, walkways, and vehicular access shall not occupy more than fifty percent (50%) of the front setback in any residential district.

SB13 Update: Amnesty program to permit unpermitted units will be administered statewide, allowing non-health and safety code violations to be deferred.

Building Code:

Building Safety.

1. A smoke alarm and carbon monoxide detector shall be installed in all ADUs.

2. ADUs shall not be held to a higher standard than the principal residence for fire sprinklers. Fire sprinklers shall only be required if they would be required for an equivalent addition or modification of space on a residential property that was not associated with an ADU.

3. A permanent foundation shall be required for all detached ADUs.

4. Approval by the local health officer may be required where a private sewage system is being used.

Waiver

Parking Waivers. As mandated by California Government Code Section 65852.2, no off-street parking shall be required for an ADU in any of the following instances, provided that the ADU has one bedroom or less and meets all other standards in this section:

a. The ADU is located within one-half mile of public transit. This shall include properties within one-half mile of the BART stations and one-half mile of local AC Transit bus stops. Trans-bay commuter buses and Links Shuttle bus stops shall not be included. The half-mile standard shall be based on the actual walking route between the ADU and the transit stop rather than a straight line between the two (2) points. The applicant must provide verification of the walking distance (in feet) between the residence and public transit stop at the time of application.

b. The ADU is located within a formally recognized historic district, or on a property that is listed on the local, State, or national historic registers.

c. The ADU is located entirely within the existing principal residence or an existing habitable accessory structure and results in no net addition of habitable floor space on the property.

d. The ADU is located in an area where on-street parking permits are required but are not offered to the occupants of the ADU.

e. The ADU is located within one block of a designated parking area for one or more car-share vehicles available to the general public by subscription.

Residential Building Code:

The California Building Code (CBC) 2016 is adopted with the following amendment(s): 16-629

San Leandro City Planning Offices
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835 East 14th Street San Leandro, CA 94577

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APPRECIATION ESTIMATE

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CONSTRUCTION COST ESTIMATE

* based on local average price per sqft

RENTAL ESTIMATE

* estimated by location

MORTGAGE ESTIMATE

* 30 years / 5% interest rate / 20% down payment

BASED ON LOCAL AVERAGE PROPERTY DATA & VALUE

Appreciation Estimate = (Base Value: $) / (Home's Living Space: sqft) * (ADU's Living Space: sqft)

Rental Estimate = (Rent Per Sqft: $3.28) * (ADU's Living Space: sqft)




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