Accessory Dwelling Units (ADUs)

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Accessory dwelling units (ADUs), also known as “secondary dwelling units” or “in-law apartments,” are attached or detached units that are subordinate to a primary dwelling on the same lot. ADUs include separate, independent, and permanent facilities for living, sleeping, eating, cooking, and sanitation. ADUs are allowed on both single-family and multi-family properties, subject to City regulations.

The City also allows Junior ADUs (JADUs), which are smaller units converted out of existing space in a home that have an efficiency kitchen but may share bathroom facilities with the main home.

On July 11, 2023, the Fremont City Council adopted Ordinance 06-2023, amending the City’s ADU regulations. The ADU regulations, which are codified under Fremont Municipal Code §18.190.005, went into effect on August 11, 2023.

ADU Ordinance

ADU Permit

Permitting of an ADU requires its own permit, separate from any other work occurring on the primary residence, even if the ADU is attached to the primary residence. If the ADU project work is planned to occur at the same time a remodel or addition is to occur on the primary residence, a separate permit is required (i.e., one permit for primary residence work and a second permit for the ADU). The two permit requests will generally be processed at the same time, but the reviews will occur individually, and a separate permit will be issued for the specific address of each residence. Permit requests that combine the ADU work with the primary residence work cannot be processed and will be rejected. This causes processing time delays for applicants because they need to revise their project plans to pull apart the work for the two separate residences and then submit them individually. To avoid such a delay, applicants need to make sure that their ADU permit request is a separate, standalone permit application.

Apply for Permit

Informational Handout

The City’s ADU Informational Handout is intended to help explain the City’s ADU requirements in single-family residential zoning districts. Please note, the Fremont Municipal Code and State law will take precedence over the handout in case of conflicting information.

ADU Informational Handout

More Information

For questions about ADUs, contact the Planning Division by email or call the Zoning Line at 510-494-4455.

2023 ADU Ordinance Update Process

First Public Meeting - April 2, 2023
To start the update process, a community meeting was held on April 3, 2023 to discuss the necessary updates. All members of the public were invited to join the meeting. Participants were able to get informed about the current laws, learn why the ordinance needs to be changed, and provide input.

Second Public Meeting - May 11, 2023
On May 11, 2023, the Fremont Planning Commission voted unanimously to recommend the adoption of the proposed ADU ordinance updates to the Fremont City Council.

Third and Fourth Public Meetings - June 20 and July 11, 2023
On June 20, 2023, City staff presented the Planning Commission's recommendation to the Fremont City Council. The Council voted unanimously to adopt the ADU ordinance updates.

On July 11, 2023, the Council adopted the City’s 2023 Accessory Dwelling Unit (ADU) ordinance updates. The new ordinance went into effect August 11, 2023. As a next step, the City submitted the recently-adopted ADU ordinance to the State Department of Housing and Community Development (HCD) for review. HCD is responsible for reviewing locally adopted ADU ordinances to determine whether the ordinance complies with the requirements of state law.

For more information, including a list of the ordinance updates, please read the staff report or view the executed ordinance.