ADU Regulations In Fremont, California

Fremont, California has established specific guidelines for the development of Accessory Dwelling Units (ADUs) to address housing needs and improve housing opportunities. Here is an overview of the current ADU regulations in Fremont [1]:

Types of ADUs:  ADUs in Fremont can be attached or detached from the primary dwelling. They can be new constructions or conversions from existing spaces like garages, storage areas, or accessory structures.

JADU Restrictions: JADUs face stricter regulations compared to ADUs. They must be within the existing walls of a single-family residence, have a maximum size of 500 square feet, and require owner occupancy in most cases.

Promoting Housing: ADUs and JADUs are seen as a way to increase housing density without significantly altering the existing neighbourhood character. They are not counted towards the allowed density for the lot and are considered a residential use consistent with the general plan.

Important Facts and Requirements:

Zoning and Lot Size:

ADUs: Allowed on single-family and multi-family lots in residential or mixed-use zoning districts, as well as planned districts allowing residential uses.

JADUs: Allowed only on single-family lots within the existing structure of a single-family residence.

Unit Size and Design:

New Construction: Maximum size for an attached ADU: 1,000 square feet: maximum size for a detached ADU: 1,200 square feet. For a JADU the maximum size is 500 square feet.

Conversions: No size limitations

Height: Attached ADUs: 30 feet or the height limit of the zoning district, whichever is lower. Cannot exceed two stories.

Detached ADUs: 16 feet, or 18 feet if within one-half mile of major transit or a high-quality transit corridor.

Architectural Compatibility: ADUs involving exterior modifications to historically registered structures must conform to preservation standards.

Parking:

ADUs: No additional parking spaces required. No replacement parking is needed if existing parking structures are demolished or converted for the ADU.

JADUs: Parking regulations not specifically addressed in the sources for JADUs, but likely follow the same rules as ADUs.

Conversions:

Permitted Spaces: ADUs can be converted from existing spaces within the primary dwelling, attached garages, storage areas, or accessory structures.

Attached Accessory Structures: An ADU converting an existing accessory structure can have an expansion of up to 150 square feet for ingress and egress.

Proof of Permits:  Not directly addressed in the sources, but building permits are required for all ADUs and JADUs, including conversions, suggesting the need to prove existing permits for conversions.

Multi-Family ADU Specifics:

New Construction:  Allowed up to two detached ADUs with a maximum rear and side setback of four feet. Subject to building height limitations.

Conversions: A minimum of one ADU and a maximum of 25% of existing multi-family dwelling units can be converted from non-livable spaces.

Building Code Requirements:

Owner Occupancy: Not required for ADUs. Required for JADUs unless the owner is a government agency, land trust, or housing organization. [2]

Rental Regulations: Cannot be rented for less than 30 days.

Separate Entrance: Required for both ADUs and JADUs.

Kitchen Requirements: ADUs must have a complete kitchen. JADUs require an efficiency kitchen.

Utility Connections: ADUs within the existing space do not need separate utility connections. New construction ADUs may require separate connections.

Permit Fees: The city may charge fees for design review, building permits, and inspections.

Approval Process: Applications that meet requirements are subject to ministerial review, with an approval timeline of 60 days.

Other things to consider

State Law is Top Priority: If there's any disagreement between that and the Fremont Municipal Code (FMC) or California state law, the law always wins [1] .

JADU Ownership: The government documentation mentions owner occupancy for JADUs.  But, you don't need to live there if you're a government agency, a community land trust, or a specific kind of non-profit housing organisation. You can find the official definitions of  "lower income household", "moderate income household", and "very low income household" in Chapter 18.155 of the Fremont Municipal Code.

Existing Issues with Your Property: If your property doesn't meet some of Fremont's zoning rules (things that were already wrong before you planned the ADU), you might not have to fix them to get your ADU approved. This is as long as they are not safety hazards and the ADU construction doesn't make them worse.

Pathways and Addresses: You don't need to build a special pathway from the street to your ADU's entrance. ADUs must have their own separate entrance and address.

Selling Your ADU: While you can rent out your ADU, you can't sell it as a separate property from your main house.

Sewage Systems: If your ADU will use a private sewage system, remember to get approval from the local health officer.

Submitting your Application: Don't forget! All ADU applications must be submitted online through Fremont's Accela Citizen Access portal. You can find this, along with a document guide, at www.Fremont.gov/CitizenAccess.Citations:

[1] City of Fremont ADU Regulations
https://www.fremont.gov/government/departments/community-development/planning-building-permit-services/accessory-dwelling-units-adus

[2] City of Fremont ADU Handout
https://www.fremont.gov/home/showpublisheddocument/15798/638531086939130000

Disclaimer: The information provided in this briefing is for general informational purposes only and should not be relied upon as a substitute for consulting the official Municipal Code or seeking guidance from your local Community and Economic Development Department.