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Fremont, CA Accessory Structures: ADU Impact Fees (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
FMC § 18.290.110(b)
Exemption scope
ADU remodel/addition, no change of use
Fee types covered
Traffic, capital facility, fire, park fees
Administering office
Community Development Director
Related credit dates
1989/1991/1972 razed-structure cutoffs

Summary

Fremont exempts accessory dwelling units from development impact fees when the ADU is built as a remodel or addition that does not change the use of the property. The exemption sits in the city's impact fee ordinance, Chapter 18.290, alongside the broader fee protest and credit system.

(b) Residential development projects, including accessory dwelling units, are exempt from impact fees for any remodel or addition, as long as they do not result in a change of use.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).

Full Breakdown

080 at the rate in effect on the date of permit issuance. 110(b) carves out a specific exemption: residential development projects, including accessory dwelling units, are exempt from impact fees for any remodel or addition, as long as the work does not result in a change of use. That means a homeowner adding a detached or attached ADU through a remodel or addition to an existing residence pays no traffic, capital facility, fire, or park impact fee under this chapter, so long as the property continues to be used for the same residential purpose.

The exemption sits next to a separate rule in subsection (a) exempting nonresidential projects only from park land dedication and park facility fees, and a credit mechanism in subsection (c) for reconstructing a razed structure if the applicant documents the prior structure existed as of specific cutoff dates (May 16, 1989 for fire fee credit; June 11, 1991 for traffic, capital facility, or park facility fee credit; April 18, 1972 for park dedication in-lieu fee credit). 070(c), which becomes a lien against the property enforceable against successors in interest until paid.

Violations & Fines

There is no separate ADU impact-fee violation provision; the exemption in Section 18.290.110(b) simply removes the fee obligation for qualifying remodels or additions. If a project does trigger a change of use, standard Chapter 18.290 fee collection applies: no city official may issue a certificate of occupancy or allow occupancy of a unit until the fee is paid or a recorded deferral agreement under Section 18.290.070(c) is in place, and the city may recover its costs of enforcement and collection, including attorneys' fees, under any such agreement.

Frequently Asked Questions

Does Fremont charge impact fees for building an ADU?
Not if the ADU is added through a remodel or addition to an existing residence without changing its use. Municipal Code Section 18.290.110(b) exempts residential development projects, including accessory dwelling units, from impact fees for any remodel or addition that does not result in a change of use.
What if my ADU project does change the use of the property?
The exemption in Section 18.290.110(b) only covers remodels or additions with no change of use. If a project changes use, Section 18.290.080(b) requires the fee for the new use minus any fee already paid for the prior legal use of the structure.
Who administers Fremont's ADU impact fee exemption?
The city's Community Development Director applies exemptions and calculates any fee owed under Chapter 18.290. Applicants seeking a fee adjustment or protesting an imposed fee follow the informal hearing process in Section 18.290.180, with an appeal available under Section 18.290.200.

Sources & Official References

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