ADU Owner Occupancy: Fremont vs San Leandro
How do adu owner occupancy rules compare between Fremont, CA and San Leandro, CA?
Fremont and San Leandro have similar restriction levels.
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 →San Leandro, CA
Alameda County
San Leandro Zoning Code §2.04.388 does not impose owner-occupancy for ADUs; for JADUs, owner-occupancy is required only when sanitary facilities are shared with the primary dwelling.
View full San Leandro rules →Key Facts Comparison
| Fact | Fremont | San Leandro |
|---|---|---|
| Standard ADU | No owner-occupancy required | - |
| JADU Rule | Owner must live in primary OR JADU | - |
| State Authority | Gov. Code 65852.2(a)(8); 65852.22 | - |
| JADU Deed Restriction | Recorded with Alameda County | - |
| Occupancy Limit | Same as single-family home | - |
| ADU owner-occupancy | - | Not required |
| JADU owner-occupancy | - | Required if sanitary facilities are shared |
| Recorded restriction | - | Deed restriction required for JADUs |
| State authority | - | Gov. Code §§65852.2(a)(7)(A), 65852.22 |
| Code section | - | Zoning Code §2.04.388 |
Highlighted rows indicate differences between cities.
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.
San Leandro FAQ
Do I have to live on the property to build an ADU?
No. San Leandro does not require owner-occupancy for an ADU; you may rent both the main house and the ADU (subject to the 30-day minimum).
What about a Junior ADU?
For a JADU, owner-occupancy is required only if the JADU shares a bathroom with the primary dwelling. A recorded deed restriction must be filed before permit issuance.
Which unit must the owner live in?
Either. The owner may occupy the main dwelling or the JADU, so long as the property is owner-occupied as required by §2.04.388.
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