Accessory Dwelling Unit Ordinance Update

In November 2017, the City Council adopted Ordinance No. 17-16 that established revised and relaxed regulations for Accessory Dwelling Units (ADUs) consistent with State legislation that became effective in early 2017. The Ordinance replaces previous regulations that limited where and how ADUs could be built.

What is an Accessory Dwelling Unit (ADU)? 
Accessory Dwelling Units (ADUs) are also known as second dwelling units, in-law units, granny flats, and/or mother-in-law quarters. ADUs are defined as complete independent dwelling units that have permenant provisions for living, sleeping, eating, cooking, and sanitation located on the same property as a single-family home. ADUs may either be attached or detached from the primary home and/or include a conversion of existing legal space on the property.

Why are ADUs important to Hayward?
ADUs provide housing opportunities in a flexible manner to address the unmet demand for affordable housing for the Hayward community, including but not limited to, students, young professionals, small families, disabled individuals, senior citizens, etc. while also assisting homeowners to offset the cost of homeownership and maintenance by renting out ADUs as an additional source of income.

I am interested in building an ADU at my home. Where should I start?
Homeowner and design professionals interested in constructed an ADU on a property should familiarize themselves with the ADU Ordinance (see below) and contact the On-Duty Planner at (510) 583-4216 or to see if their property is eligible to have an ADU based on zoning requirements. Individuals can also use the City's onine GIS WebMap to determine what zoning district they are located in.  

If determined an ADU is possible at your property, applicant(s) will need to submit a Zoning Conformance Permit to the Planning Division prior to submitting construction level plans for plan check review by the Building Division. Zoning Conformance Permits for ADUs cost a flat fee $328 and typically take 2 weeks for review by the Planning Division. See application requirements below. No construction level plans are required for this submission. Once approved, applicant(s) may proceed to submit to the Building Division for plan check review. Deed Restrictions for ADUs shall be recorded with the County of Alameda Clerk's Office prior to building issuance once all signatures are completed and notarized. 

How much are building permit fees to construct an ADU?
Building permit fees vary depending on the project valuation (fair market value of materials and labor) and square-footage of the proposed ADU. People interested in constructing an ADU should review the City's Permit Fee and Tax Reference sheet (see below) which will include potential costs associated with building an ADU such as school district fees, utility connections, construction taxes, and park dedication in-lieu fees. For questions on which fees apply, please contact the Building Division at (510) 583-4140. 

Marcus Martinez, Associate Planner
Development Services Department 
City of Hayward
777 "B" Street, Hayward CA 94541- 1st Floor
Phone: 510-583-4236