ADU Owner Occupancy: Berkeley vs Fremont
How do adu owner occupancy rules compare between Berkeley, CA and Fremont, CA?
Berkeley and Fremont have similar restriction levels.
Berkeley, CA
Alameda County
Under BMC 23.304 and California Government Code 65852.2(a)(8), Berkeley 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.
View full Berkeley rules →Fremont, CA
Alameda County
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.
View full Fremont rules →Key Facts Comparison
| Fact | Berkeley | Fremont |
|---|---|---|
| Standard ADU | No owner-occupancy required | No owner-occupancy required |
| JADU Rule | Owner must live in primary OR JADU | Owner must live in primary OR JADU |
| State Authority | Gov. Code 65852.2(a)(8); 65852.22 | Gov. Code 65852.2(a)(8); 65852.22 |
| JADU Deed Restriction | Recorded with Alameda County | Recorded with Alameda County |
| Occupancy Limit | Same as single-family home | Same as single-family home |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Does Berkeley require me to live on-site if I build an ADU?
No, not for a standard ADU. California Government Code 65852.2(a)(8) preempts owner-occupancy rules, and BMC 23.304 has not adopted such a requirement. The only exception is a Junior ADU - the owner must occupy either the primary house or the JADU under Gov. Code 65852.22.
Can I rent out both my Berkeley house and my ADU?
Yes for a standard ADU - state law allows renting both units as long as each is rented for 30 days or longer. Berkeley's rent-control ordinance (BMC 13.76) applies to all rental units in the city. For a JADU, the deed restriction requires you to live in either the primary house or the JADU.
Do I have to record a deed restriction for my Berkeley ADU?
Only for a JADU under Government Code 65852.22 and BMC 23.304. The deed restriction (owner occupancy, no short-term rental, no separate sale) must be recorded with the Alameda County Recorder before the Certificate of Occupancy issues. Standard ADUs only have a deed restriction against short-term rental.
Fremont FAQ
Does Fremont require me to live on-site if I build an ADU?
No, not for a standard ADU. California Government Code 65852.2(a)(8) preempts owner-occupancy rules, and FMC 18.190.005 has not adopted such a requirement. The only exception is a Junior ADU - under Gov. Code 65852.22 the owner must occupy either the primary house or the JADU.
Can I rent out both my Fremont house and my ADU?
Yes for a standard ADU - state law allows renting both units as long as each rental is 30 days or longer. For a JADU, the recorded deed restriction requires you to live in either the primary house or the JADU and prohibits any rental of either unit for less than 30 days.
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