Fremont, CA - ADU Regulations

Rules and regulations for building an ADU.

ADU info for

Fremont

  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU and 1 JADU
  • Max ADU Size
    1,200 SQFT
  • Eligibility
    most single-family and multi-family zoned properties
  • Setbacks
    minimum 4-foot setback from the side and rear property lines
  • Parking Requirements
    limited requirements, especially if the property is near public transit
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    750 SQFT
  • Eligibility
    R-5, R-4, and R-4A-zoned lots
  • Setbacks
    minimum 7-foot setback from the side and 15-foot rear property lines
  • Parking Requirements
    limited requirements, especially if the property is near public transit
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    2 ADU
  • Max ADU Size
    1,000 SQFT (typically)
  • Eligibility
    Most residential zones
  • Owner Occupancy
    not required*
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    800-900 SQFT (typically)
  • Eligibility
    Varies but typically cities with population over 2,500; Counties over 15,000
  • Owner Occupancy
    Not required for most cases
  • Key Note
    Urban Growth Boundaries (UGBs) affect development location
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    Read details below.
  • Eligibility
    Read details below.
  • Setbacks
    Read details below.
  • Parking Requirements
    limited requirements, especially if the property is near public transit

Understand ADU zoning rules for

Fremont

With Gather, designing your ideal ADU is a breeze. We manage all the planning and permitting paperwork, ensuring you enjoy a seamless experience and complete peace of mind.

Talk to a zoning expert
Schedule a free 30-minute call or call us now (323) 591-3717

Different types of ADUs allowed in

Fremont

Though backyard homes are typically the most familiar, ADU structures come in various types. The illustration below shows the four primary types of ADU structures.

ADUs can be built using a variety of construction methods, including pre-fabricated, modular, shed, container, panelized (in pieces), and stick-built. Each construction method has its own advantages and disadvantages in terms of cost, time, and customization.

detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU

ADU regulations for

Fremont

In a proactive effort to combat the ongoing housing crisis, the State of California has adopted specific regulations to promote the construction and utilization of Accessory Dwelling Units (ADUs). Here's an expanded and comprehensive breakdown of the key points:

1. Purpose and Prominence: California recognizes the potential of ADUs in providing affordable housing options. Given the state's dense urban centers and escalating property prices, ADUs present a viable solution to address the growing demand for residential spaces.

2. Eligibility for Establishment: Both single-family homes and multifamily properties can host an ADU.

3. Size Considerations: For detached ADUs, the maximum allowable size is up to 1,200 square feet.
The actual size of an ADU might vary depending on specific factors such as the total lot area and the size of the primary dwelling on the property.

4. Parking Norms: The state mandates limited parking requirements for ADUs.
If an ADU is situated near public transit, these parking stipulations may be even less stringent, facilitating easy construction and usage.

5. Owner-Occupancy: Historically, some jurisdictions required the property owner to live in either the primary home or the ADU. However, for ADUs permitted between 2020 and 2025, the state does not enforce such owner-occupancy requirements, allowing for greater flexibility in usage.

6. Setback Rules: For detached ADUs, there's a minimum setback requirement of 4 feet from both the rear and side yard boundaries.

7. Approval Process: Cities across the state are obligated to approve compliant ADU applications within a span of 60 days. This streamlined process ensures quick turnarounds and encourages homeowners to consider ADU development.

8. Fee Structure: To further incentivize ADU establishment, the state has reduced or completely waived fees for ADUs that are less than 750 square feet. This can translate to significant savings for property owners.

9. Rental Conditions: If an ADU meets the stipulated requirements laid out by the city, it must be available for rental. This regulation ensures that ADUs actively contribute to alleviating housing shortages.

10. Local Jurisdictional Variances: While the above guidelines provide a general framework, it's crucial to note that local jurisdictions might have their unique sets of regulations and requirements. Property owners should consult their respective city or county planning departments to get precise and localized information.

In conclusion, as California grapples with housing challenges, ADUs offer a promising avenue to augment living spaces without the need for expansive new developments. These guidelines, though comprehensive, serve as a starting point, and it's always recommended to liaise with local experts for tailored advice.

State laws (RCW 36.70A.680 and 36.70A.681) mandate that all local governments under the Growth Management Act (GMA), irrespective of size and including both cities and counties within unincorporated urban growth areas, update their regulations to align with specific criteria within six months following their scheduled update. The key directives include:

  1. ADUs per Lot: Urban areas within the GMA must allow at least two ADUs on any lot that qualifies by size, in addition to the main residence. These ADUs can be attached, detached, or a mix, and converting structures like garages into ADUs must be permitted.
  2. Size Requirements: ADUs cannot be restricted to under 1,000 square feet.
  3. Design and Location Standards: Restrictions on setbacks, lot coverage, tree preservation, or entrance placements cannot be stricter than those for the main home.
  4. Street Upgrades: ADUs cannot be subjected to demands for street improvements as a permit condition.
  5. Owner Occupancy: Requirements for the homeowner to live on-site are prohibited for both the main and accessory units.
  6. Condominium Sales: It’s not allowed to block the sale of a condominium developed as an ADU on the basis that it’s an ADU.
  7. Design Review: ADUs cannot face stricter aesthetic or design criteria than the primary residence.
  8. Parking: Parking requirements are limited, with specific conditions for smaller lots and exemptions for ADUs near major transit hubs.
  9. Impact Fees: Charges for ADUs are capped at 50% of those for the main house.
  10. Common Interest Communities: New developments with homeowners associations are barred from implementing rules against ADU construction. However, existing regulations can remain.

These regulations aim to encourage the development of ADUs, offering more housing options within urban growth areas.

Since July 1, 2018, most Oregon cities and counties allow homeowners to build Accessory Dwelling Units (ADUs) on residential properties. However, local rules on ADU size, placement, and design must be followed. Each area has its own rules for:

  1. How big the ADU can be;
  2. Where it can be located; and
  3. If it needs to look like the main house.

Local governments also have different processes for giving permits and may charge fees for building an ADU. These fees, including impact fees or system development charges, can vary a lot. Some places might not charge these fees at all, while others could charge $15,000 or more for each ADU.

In Oregon, the rules for creating Accessory Dwelling Units (ADUs) set standards to boost housing while keeping communities looking good. Understanding Oregon's ADU laws is crucial for compliance and making the most of ADU benefits. Cities must have over 2,500 people, and counties over 15,000, to fall under the ADU mandate. This supports urban housing needs. Urban Growth Boundaries (UGBs) define where ADUs can be built, promoting smart growth and land use without harming Oregon's landscapes.

Oregon's ADU laws aim to increase affordable housing. They require local governments to process ADU applications efficiently, especially in urban areas. State laws stop local rules from demanding owners live in ADUs or provide extra parking, except for vacation rentals. Setback requirements ensure ADUs are well-placed, respecting privacy and the environment. Oregon encourages updating local ADU rules to match state standards, making it easier to build ADUs and help with housing shortages.

Design and siting rules for Oregon ADUs ensure they fit well with urban settings and offer design flexibility. Oregon prefers less restrictive rules for ADUs compared to other buildings, aiming to increase housing options responsibly. The state simplifies ADU regulations, replacing complex zoning laws with clearer, state-wide standards. This helps reduce red tape and encourage ADU construction.

Oregon's approach to ADUs, including size restrictions and utility connection guidelines, is designed to integrate ADUs smoothly into neighborhoods, addressing housing needs. ADUs can't be too large compared to the main house, and shared utility connections are encouraged to keep costs down. This effort shows Oregon's commitment to innovative, affordable housing solutions.

  • Oregon ADU laws establish criteria to support housing while maintaining community aesthetics.
  • Cities over 2,500 people, and counties over 15,000, need to allow ADU construction per state mandates.
  • Urban Growth Boundaries (UGBs) are key to ADU development, limiting expansion within set geographic areas.
  • The state prohibits local ordinances from requiring owner occupancy or off-street parking for ADUs, except for vacation rentals.
  • Oregon mandates setback requirements for ADUs to ensure privacy and environmental standards.
  • Local governments in Oregon must update regulations to align with state ADU codes, promoting consistent and simplified ADU development.
  • Oregon ADU laws facilitate affordable housing by removing barriers to ADU construction and simplifying the application process.
  • Design standards for ADUs in Oregon are clear and objective, not requiring ADUs to mimic the primary residence's architecture.
  • Oregon's policies allow ADUs more flexibility in development compared to other accessory structures, avoiding strict lot size or coverage constraints.
  • ADUs in Oregon are subject to size limitations, generally not exceeding 75-85% of the primary dwelling's floor area, with specific square footage caps.
  • The state encourages the use of shared utility connections for ADUs to lower construction and development costs.
  • Oregon's comprehensive ADU regulations aim to expand housing options, reduce bureaucracy, and accommodate the state's diverse housing needs.
  • Why Homeowners Choose Gather

    Your one-stop ADU platform

    With Gather, you're not just building an ADU — you're cultivating peace of mind. Our end-to-end guidance and ongoing support mean every decision is informed, every step is intentional, and every outcome exceeds expectations. With us, your dream ADU is within reach. Here is what we do:

    news logo
    news logo
    news logo
    news logo
    news logo

    Design your perfect ADU

    With Gather, designing your ideal ADU is a breeze. We manage all the planning and permitting paperwork, ensuring you enjoy a seamless experience and complete peace of mind.

    Schedule a free ADU consultation
    Malibu
    Malibu
    Starting At:
    $ 950.00 USD
    1,000 SQFT
    3 Bed / 2 Bath
    Monterey
    Monterey
    Starting At:
    $ 950.00 USD
    750 SQFT
    2 Bed / 1 Bath
    Topanga
    Topanga
    Starting At:
    $ 750.00 USD
    600 SQFT
    1 Bed / 1 Bath
    Carmel
    Carmel
    Starting At:
    $ 750.00 USD
    500 SQFT
    1 Bed / 1 Bath
    Sonoma
    Sonoma
    Starting At:
    $ 750.00 USD
    400 SQFT
    1 Bed / 1 Bath
    Marina
    Marina
    Starting At:
    $ 750.00 USD
    300 SQFT
    Studio / 1 bath
    City Snapshot

    Fremont

    230,504
    Population
    122191
    Median Household Income

    Fremont, located in the southeastern part of the San Francisco Bay Area, is a vibrant city known for its diverse community, high-tech industry presence, and excellent quality of life. With a population of approximately 230,504, Fremont is one of the largest cities in the Bay Area and serves as a key hub for innovation and culture.

    Geography and History

    Fremont is situated in Alameda County and encompasses several historic districts, including Centerville, Niles, Irvington, Mission San Jose, and Warm Springs. Founded in 1956, the city has grown from its agricultural roots into a major suburban center with strong ties to the technology sector.

    Local Economy

    Fremont's economy is diverse and robust, driven by several key sectors:

    • Technology: Home to many tech companies, including Tesla's major manufacturing plant.
    • Healthcare: Numerous hospitals and medical centers contribute to the local economy.
    • Education: High-quality schools and institutions like Ohlone College.
    • Retail and Services: The city has a variety of shopping centers and service-oriented businesses.
    • Manufacturing: Significant presence in advanced manufacturing and logistics.

    Popular Neighborhoods

    Fremont offers a variety of neighborhoods, each with its own unique character and amenities.

    • Mission San Jose: Known for its excellent schools and historic sites.
    • Warm Springs: A growing area with new residential developments and easy access to transportation.
    • Niles: Offers a quaint, small-town feel with antique shops and historic charm.
    • Irvington: Features diverse housing options and a vibrant community.
    • Centerville: A mix of residential and commercial areas with a strong community spirit.

    Real Estate Market

    The real estate market in Fremont is competitive, with high demand for housing driven by the city's excellent schools, safe neighborhoods, and proximity to Silicon Valley. Fremont offers a range of housing options, including single-family homes, townhouses, and apartments, catering to a diverse population.

    ADU Regulations in Fremont

    To address housing needs and affordability, Fremont has implemented Accessory Dwelling Unit (ADU) regulations in line with California state law. These regulations aim to encourage the development of ADUs and provide more diverse housing options.

    • Zoning: ADUs are permitted in all residential zones and mixed-use zones that allow residential uses.
    • Types of ADUs: Both attached and detached ADUs are allowed, as well as Junior ADUs (JADUs).
    • Size Limits:
      • Detached ADUs: Up to 1,200 sqft.
      • Attached ADUs: Up to 50% of the primary dwelling's living area or 1,200 sqft, whichever is less.
      • JADUs: Up to 500 sqft.
    • Height Restrictions: Detached ADUs are generally limited to 16 feet in height, with some exceptions allowing up to 25 feet.
    • Parking: Generally, no additional parking is required for ADUs, especially if they're located within half a mile of public transit.
    • Owner Occupancy: As of 2020, there is no owner-occupancy requirement for ADUs built between January 1, 2020, and January 1, 2025. Owner occupancy is required for properties with JADUs.
    • Approval Process: ADUs that meet certain criteria are eligible for ministerial approval, streamlining the process.
    • Multiple ADUs: In multi-family properties, up to two detached ADUs are allowed, or ADUs for 25% of the existing units within the structure, whichever is greater.
    • Impact Fees: Reduced impact fees for ADUs smaller than 750 sqft.
    • Design Standards: ADUs must be designed to be compatible with the primary residence and neighborhood character.

    These regulations are designed to support the development of ADUs, providing more diverse and affordable housing options in Fremont.

    Cultural Landmarks and Unique Aspects

    Fremont is known for its cultural landmarks and unique aspects that enhance the community's quality of life.

    • Niles Canyon Railway: A historic railway offering scenic train rides through Niles Canyon.
    • Mission San Jose: One of the original Spanish missions in California, offering historical insights and tours.
    • Central Park and Lake Elizabeth: A large urban park with recreational facilities, picnic areas, and a lake.
    • Arden wood Historic Farm: A preserved 19th-century farm offering educational programs and events.
    • Cultural Festivals: Fremont hosts numerous cultural festivals, including the Fremont Festival of the Arts, celebrating the city's diverse community.

    Fremont's commitment to thoughtful urban planning, cultural diversity, and economic growth makes it a standout city in the Bay Area. The implementation of ADU regulations reflects the city's proactive approach to addressing housing needs while maintaining its high living standards. With its unique blend of cultural landmarks, economic opportunities, and community-focused amenities, Fremont continues to attract residents and businesses seeking a dynamic and prosperous environment.

    Browse Services Near You

    Browse ADU Regulations for Other Cities

    Design your perfect ADU

    With Gather, designing your ideal ADU is a breeze. We manage all the planning and permitting paperwork, ensuring you enjoy a seamless experience and complete peace of mind.

    Schedule a free ADU consultation

    37.5485

    -121.9886

    Check Out Our ADU Blog

    Your Fremont ADU Guide: Cost, Planning, and Design

    Your Fremont ADU Guide: Cost, Planning, and Design

    This guide provides essential information on planning, designing, and estimating costs for Accessory Dwelling Units (ADUs) in Fremont, helping homeowners navigate local regulations and budget effectively.

    Frequently Asked Questions

    What is an ADU and how can you help me build one?

    An ADU, or Accessory Dwelling Unit, is also known as a tiny home, granny flat, in-law unit, or garage apartment. We help homeowners by providing expert guidance and tools to navigate the process of building an ADU, from zoning and permitting, to design and size considerations, to cost estimation, and through the construction process itself.

    How can I determine if my local area allows for ADU construction?

    Our services include assistance with zoning and permitting. We help you identify your property's specific zoning requirements and the necessary permits for ADU construction, ensuring your project stays compliant with local regulations.

    What does the construction process for building an ADU look like?

    We offer information and resources on the construction process, timelines, and best practices for building an ADU. Additionally, we have a network of trusted builders you can partner with to ensure a seamless, efficient, and high-quality build for your ADU.

    What is included in your feasibility report for building an ADU?

    With the Gather Feasibility Report, you can confidently embark on your ADU journey, knowing you've got a solid foundation and a clear roadmap to success. Let us help you transform your space into a functional, comfortable, and profitable asset today.

    We
       
    1) Thoroughly analyze your property records for a tailored assessment,        
    2) Work with city and county authorities on your behalf for a hassle-free experience,        
    3) Secure a preliminary "pre-approval" from city/county for your peace of mind,        
    4) Deliver a comprehensive report document detailing your property's ADU possibilities.            

    Embark on your ADU adventure with Gather ADU, and make the most of your property's potential without the stress or hassle.

    Do I have to commit to the entire ADU construction project right away?

    No, it isn't required. GatherADU offers support at every step of the ADU process, allowing you to proceed without making an immediate full commitment. You have the flexibility to progress at your own pace and opt for pay-as-you-go.

    Where does GatherADU operate?

    GatherADU provides ADU design and planning services nationwide with focus on California, Washington, Oregon, and Georgia.