ADU rules by city
ADU rules · CA

Fremont ADU rules

Size, height, setbacks, parking, owner occupancy, permits and fees. Every line links to an official source, checked Oct 2026.

Fremont adopted Ordinance 06-2023 (effective Aug 11, 2023) and codified ADU and JADU rules in Municipal Code 18.190.005. ADUs are allowed on single-family and multifamily lots in residential, mixed-use, planned and PUD districts that allow residential uses.[1]

What is an ADU? An accessory dwelling unit is a small second home on the same lot as the main house: a backyard unit, garage conversion, attached addition or guest house with its own kitchen and bath.

California cities can set their own ADU rules, but never stricter than state law. Grey lines show the state floor from the HCD ADU Handbook.

Size limits

New attached ADU: up to 1,000 sq ft of interior livable space. New detached ADU: up to 1,200 sq ft. Conversion of existing floor area: no size limit. JADU: up to 500 sq ft entirely within the single-family residence, including an attached garage. Garages, carports, covered porches and similar do not count toward ADU size.[2]

State law: a city's maximum size must allow at least 850 sq ft, or 1,000 sq ft for more than one bedroom, and local rules cannot block an 800 sq ft ADU with 4 ft side and rear setbacks (Gov. Code 66321).[3]

Height

New detached on a single-family lot: 16 ft, or 18 ft within a half-mile walk of a major transit stop or high-quality transit corridor, plus 2 ft to match the main roof pitch. New attached to a single-family dwelling: 30 ft or the zoning height for the main home, whichever is lower. Conversion of existing floor area: no height limit.[2]

State law: detached ADUs get at least 16 ft; 18 ft within a half mile walk of a major transit stop or high-quality transit corridor (plus 2 ft to match roof pitch) or on a lot with a multistory multifamily building; attached ADUs up to 25 ft or the main home's limit if lower (Gov. Code 66321).[3]

Setbacks

New attached or detached: 4 ft side and rear. Front setbacks match the primary dwelling unless that would block a statewide exemption ADU. Conversion in place: no new setback (with up to 150 sq ft expansion for entry).[2]

State law: side and rear setbacks can be no more than 4 ft for new ADUs; converted existing space needs no new setback (Gov. Code 66314, 66323).[3]

Parking

No additional parking for an ADU, and no replacement parking when a space is demolished or converted for an ADU.[2]

State law: at most 1 space per ADU or per bedroom, whichever is less, and none within a half mile walk of public transit, in a historic district, within one block of a car share, or for ADUs inside the house (Gov. Code 66314, 66322).[3]

Owner occupancy

No owner occupancy for the primary home or the ADU. If a JADU shares a bathroom, the owner must live in the residence or the JADU (with listed exceptions for agencies and nonprofits).[2]

State law: no owner occupancy requirement for ADUs (Gov. Code 66315). A JADU requires the owner to live on site if it shares a bathroom with the main home (Gov. Code 66333).[3]

Permit steps and timeline

Ministerial review. Completeness notice within 15 business days. A permit must issue within 60 days of a complete application when there is an existing dwelling on the lot. The ADU needs its own building permit, separate from any remodel of the main house. Preapproved plans get expedited review and lower permitting costs.[2][1]

State law: the city must approve or deny a complete application within 60 days when there is an existing home on the lot (Gov. Code 66317).[3]

Fees

No city-specific figure verified. The state minimum below applies; confirm local details with the city.

State law: no impact fees on ADUs of 750 sq ft or less; above that, impact fees must be proportional to the size of the main home. Plan check, permit and school fees can still apply.[3]

Also worth knowing: ADUs and JADUs cannot be rented for less than 30 days. Rooftop decks on ADUs are prohibited.[1]

Building in Fremont? Start a quote request

We connect you with builders from this directory who serve your area. Free, no obligation.

Sources

Every fact above links to an official city or state page. Rules change; check the source before you build.

  1. [1] City of Fremont: Accessory Dwelling Units (ADUs) checked Oct 2026
  2. [2] Fremont Municipal Code 18.190.005 (ADUs and JADUs) checked Oct 2026
  3. [3] HCD ADU Handbook (March 2026) checked Oct 2026

Related guides and builders

ADU size and height limitsSetbacks, HOAs and covenantsADU permit timelineState ADU rulesPermit and planning helpPrefab and modular ADU buildersDesign-build ADU contractorsCalifornia ADU data

← All city ADU rules

Newsletter

The Backyard Letter

One short email when we publish something new: a guide, a rule change in your state, or a public cost report worth reading. Every item links to its source. Free, unsubscribe any time.