Fremont processes ADU permits ministerially under Fremont Municipal Code 18.190.005 (effective August 11, 2023) and California Government Code 65852.2. Applications are filed through the Community Development Department / Planning and Building Permit Services. State law requires the city to act within 60 days of a complete application.
Fremont's current ADU rules are codified at FMC 18.190.005 within Title 18 (Planning and Zoning), enacted to align Fremont with the 2023 update of California Government Code 65852.2. Review is ministerial - no public hearing, no Planning Commission action, no neighborhood notification, and no discretionary design review (Gov. Code 65852.2(b)(1)). Applications use Fremont's Online Permit Center via Planning and Building Permit Services. Required submittals: site plan, floor plans, elevations, structural plans, Title 24 energy compliance documentation, and (where applicable) topography for sloped lots. State law (Gov. Code 65852.2(b)(1)) requires Fremont to approve, deny, or request corrections on a complete ADU application within 60 days; the clock pauses during correction cycles. Fremont allows one ADU plus one JADU on a single-family lot, for up to three units. Maximum size: detached ADU up to 1,200 sq ft, JADU up to 500 sq ft inside the primary dwelling, attached ADU subject to state default limits. State default 4 ft side and rear setbacks apply (Gov. Code 65852.2(a)(1)(D)(vii)). Pre-approved ADU plans accelerate review per Assembly Bill 434 (Gov. Code 65852.26).
Building an ADU without permits violates FMC Title 18 (Zoning) and FMC Title 15 (Building Code). Fremont Code Enforcement can issue stop-work orders, administrative citations (typically $100 first violation, escalating), and double permit fees on application to legalize. Unpermitted ADUs can block sale or refinancing and may trigger an order to remove the structure.
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