Fremont, CA Accessory Structures: ADU Rental Restrictions (2026)

Fremont's ADU ordinance, adopted to implement the state ADU statutes (Cal. Gov't Code SS 66310-66342) through ministerial permitting, sets a hard floor on lease length. Municipal Code Sec. 005(b)(6) states plainly that an ADU or JADU cannot be rented for a term shorter than 30 days, which rules out nightly or weekly platform rentals (Airbnb, VRBO-style bookings) in any accessory unit approved under this section. The restriction sits inside the General Regulations that apply to every ADU and JADU permit the city issues under this chapter, alongside the density exemption (ADUs do not count toward lot density), the ministerial 60-day permit clock, and the building-permit requirement for every unit, even one converted from existing floor area.

Because ministerial ADU review does not go through discretionary hearings, the 30-day floor is one of the few substantive limits an applicant or owner needs to track after the unit is built. It applies regardless of whether the ADU is attached, detached, or a JADU carved out of the primary residence, and regardless of the unit's size (up to 1,000 square feet for an attached addition or 1,200 for a detached new structure). The rule pairs with the separate requirement that an ADU may be rented apart from the primary residence but never sold or conveyed separately, so long-term rental income is the intended use case the ordinance protects, not transient lodging.