ADU Rules: Berkeley vs Fremont
How do adu rules rules compare between Berkeley, CA and Fremont, CA?
Berkeley and Fremont have similar restriction levels.
Berkeley, CA
Alameda County
Berkeley regulates ADUs and JADUs under Berkeley Municipal Code Chapter 23.306. One ADU plus one JADU is allowed per single-family lot citywide (Hillside Overlay allows one ADU OR one JADU). New detached ADUs are limited to 16 feet in height, with a 4-foot minimum side and rear setback, and JADUs are capped at 500 sq ft within the existing dwelling.
View full Berkeley rules →Fremont, CA
Alameda County
Fremont follows CA Gov Code 65852.2: ADUs up to 1,200 sq ft allowed on most residential lots, plus Junior ADUs. Ministerial 60-day review. No owner-occupancy through 2025.
View full Fremont rules →Key Facts Comparison
| Fact | Berkeley | Fremont |
|---|---|---|
| Code Section | BMC 23.306 (Development Standards 23.306.030) | - |
| Units Allowed | 1 ADU + 1 JADU per single-family lot | - |
| Side/Rear Setback | 4 ft (new construction) | - |
| JADU Max Size | 500 sq ft (within dwelling) | - |
| STR Use | Prohibited by deed restriction | - |
| Max Detached Size | - | 1,200 sq ft |
| Setback Minimum | - | 4 ft side and rear |
| Parking | - | Often waived near transit |
| Review Time | - | 60 days ministerial |
| JADU | - | Up to 500 sq ft in primary home |
Highlighted rows indicate differences between cities.
Berkeley FAQ
How many ADUs can I build in Berkeley?
Under BMC 23.306, a single-family lot may have one ADU plus one JADU. In the Hillside Overlay, the limit is one ADU or one JADU (not both).
Do I need a public hearing for a Berkeley ADU?
No. State law requires ministerial review without a public hearing based on objective criteria, and BMC 23.306 implements that standard for Berkeley.
Can I rent my Berkeley ADU as a short-term rental?
No. A recorded deed restriction required by BMC 23.306 prohibits short-term rental use (under 14 days) of any ADU or JADU.
Fremont FAQ
Can I rent my Fremont ADU on Airbnb?
ADUs cannot be rented for terms under 30 days. Fremont prohibits short-term rental of ADUs to preserve housing stock. Long-term rentals of 30 days or more are fully permitted.
Do I need to live on the property if I build an ADU?
No owner-occupancy is required through January 1, 2025, under state law. JADUs always require owner occupancy of either the JADU or the main house. After 2025, Fremont may reimpose owner-occupancy for new ADUs.
Compare other topics
See how Berkeley and Fremont compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool