Fremont, CA Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- R-1-6 front yard minimum
- 20 feet
- R-1-6 interior side yard (1st story)
- 5 feet
- R-1-8 front yard minimum
- 25 feet
- R-1-40 front yard minimum
- 40 feet
- R-1-40 rear yard (1st story)
- 50 feet
- Infraction fine, 1st offense
- up to $100
Summary
Fremont's single-family and duplex zones each carry their own minimum yard depths under Table 18.90.040 of the zoning code. A standard R-1-6 lot needs a 20-foot front yard and 5-foot first-story interior side yard, while large-lot R-1-40 hillside parcels require a 40-foot front yard and 20-foot side yard, all enforced by the Community Development Department.
18.90.040 Additional development standards applicable to R-1 and R-2 districts. The following minimum standards, set forth in Table 18.90.040, shall be observed, except where increased for conditional uses... Minimum front yard1 depth (feet) 20 20 25 25 25 25 35 40 25 [18.170.030] ... Minimum rear yard1 depth First story1 (feet) 25 25 25 25 25 30 40 50 25 [18.170.050] ... Minimum interior side yard1 depth First story1 Minimum (feet) 5 5 7 7 7 8 10 20 7 [18.170.040]
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
040 sets the minimum yard depths that apply across the R-1 (single-family) and R-2 (duplex) residential districts, and the required depth grows with the zone's minimum lot size. On a standard R-1-6 lot (6,000 square-foot minimum), the code requires a 20-foot front yard, a 25-foot first-story rear yard, and a 5-foot first-story interior side yard totaling 12 feet combined on both sides; second-story additions need a deeper 6-foot minimum, 15-foot total side yard. Moving up the lot-size ladder, R-1-8 lots (and the Mission Palms and Mission Ranch R-1-8 subareas) require a 25-foot front yard, 25-foot first-story rear yard, and 7-foot first-story interior side yard (16 feet total).
R-1-10 lots step up to a 25-foot front yard but a 30-foot first-story rear yard and 8-foot side yard. The largest single-family zones carry the deepest setbacks: R-1-20 requires a 35-foot front yard, 40-foot rear yard, and 10-foot side yard, while R-1-40 (Fremont's largest-lot hillside zone) requires a 40-foot front yard, 50-foot rear yard, and 20-foot first-story side yard. R-2 duplex lots use the same standards as R-1-6 for front and rear yards but a 7-foot interior side yard. 050 for rear yard measurement, and expressly allows these minimums to be increased as a condition of approval for conditional uses. 165.
Violations & Fines
Building or maintaining a structure that encroaches into a required yard setback violates FMC Title 18 and, under Section 1.15.010(b), is chargeable as a misdemeanor or, at the enforcement official's discretion, as an infraction. Infractions carry escalating fines: not more than $100 for a first conviction, $200 for a second within a year, and $500 for a third. Each day the encroachment continues is a separate offense under Section 1.15.030, and the condition can be summarily abated as a public nuisance under Section 1.15.040.
Frequently Asked Questions
What is the minimum front yard setback on a standard Fremont lot?
Do side yard setbacks change for a second story?
Can the city require a deeper setback than the table lists?
What happens if a structure is built inside the required setback?
Sources & Official References
Other rules in Fremont
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