Under FMC 18.190.005 and California Government Code 65852.2(a)(8), Fremont does NOT require owner-occupancy for standard ADUs permitted between January 1, 2020 and December 31, 2024. Owner-occupancy is required only for Junior ADUs (JADUs) under Gov. Code 65852.22, with a recorded deed restriction.
California state law preempts local owner-occupancy rules for standard ADUs. Government Code 65852.2(a)(8) prohibits Fremont from imposing an owner-occupancy requirement on any ADU permitted from January 1, 2020 through December 31, 2024. For ADUs permitted on or after January 1, 2025, state law allows local owner-occupancy rules, but FMC 18.190.005 does not impose one for standard ADUs - so owner-occupancy remains optional in Fremont. Junior ADUs (JADUs - up to 500 sq ft inside the primary dwelling) carry a different rule under Government Code 65852.22(a)(2): the owner must occupy either the primary dwelling or the JADU, and a deed restriction must be recorded against the property prohibiting separate sale and requiring continued owner-occupancy. The deed restriction is recorded with the Alameda County Recorder before issuance of the Certificate of Occupancy. The JADU deed restriction also prohibits rentals shorter than 30 days, per Gov. Code 65852.22(c). There is no limit on the number of unrelated occupants for an ADU - California Gov. Code 65852.2(a)(6) treats ADU occupants like single-family occupants. AB 1033 (Gov. Code 65852.26, 2024) allows local jurisdictions to opt in to ADU condominium-ization permitting separate sale; Fremont has not adopted AB 1033 as of 2025.
Failing to record the JADU deed restriction blocks issuance of the Certificate of Occupancy. Violating the JADU owner-occupancy requirement is enforced through deed-restriction enforcement and Fremont Code Enforcement administrative citations under FMC Title 1. Fremont can also seek injunctive relief and revocation of the Certificate of Occupancy.
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