Fremont | Parking, setbacks and height

Fremont, California Parking, Setbacks and Height: Yards, Second-Story Limits, Lot Coverage, the Solar Setback and Parking by Bedroom Count

Fremont sets the size of a house with five numbers: the yards, the height, the share of the lot the first story may cover, the size of the second story, and the parking. Table 18.90.040 of the Municipal Code holds the first four for R-1 and R-2, and Table 18.183.030 holds the parking. Two rules need extra care. The second story is capped as a share of the first, and a solar access rule adds a setback on the north side that grows with height. This page gives the figures by district, the exceptions, and the parking rules near transit. The Fremont overview has the summary.

Yards in R-1 and R-2

A setback is the distance a building must keep from a lot line, and the code calls the open strip it leaves a yard. All figures are in feet.

Source: Fremont Municipal Code, Table 18.90.040, R-1 and R-2 District Development Standards, as amended by Ordinance 02-2026 of May 5, 2026. Side yard figures are the minimum for one side, with the required total of both sides in brackets.

• Where to measure from. Section 18.90.030: front and street side yards "shall be measured from the right-of-way line of the public street (usually behind the sidewalk)" to the face of the building wall. Interior side yards "shall be measured from the property line to the face of the building wall."
• Side yards are a pair. Each district gives a minimum for one side and a total for both. In R-1-6 one side may be 5 feet if the other is 7 (VanPlex arithmetic: 12 minus 5).
• One- and two-story parts. "the one-story portion of the structure shall meet the one-story setback requirements and the two-story portion of the structure shall meet the two-story setback requirements." Also, "The wider setback shall be on the two-story side."
• Swapping yards. "Rear and side yards may be substituted for one another, except that on a corner lot such substitution shall be made only between a rear yard and an interior side yard."
• R-2. The R-2 column is for duplexes. A house on an R-2 lot may use the R-1-6 standards.
• Designated neighborhoods. Glenmoor Gardens uses the R-1-6 yards and has no second-story figures. Mission Palms and Mission Ranch use the R-1-8 yards.

Height, Lot Coverage and the Second Story

Source: Fremont Municipal Code, Table 18.90.040 and its notes 8, 11, 12, 13 and 16.

• How height is measured. The code defines building height as "the vertical distance measured from the average grade of the foundation of the building, at the midpoint of the exterior wall having the greatest change in elevation." It runs "to the highest point of a flat roof, or to the mean height between the top plate of the uppermost story and the highest point for other roof types." In Glenmoor Gardens, Mission Ranch and Mission Palms, "height is measured from grade to the top of the roof ridge."
• Lot coverage. The table sets the maximum lot coverage for the first story, with the garage area included, as a percentage of lot area. On a 6,000 square foot R-1-6 lot that is 2,400 square feet (VanPlex arithmetic: 40 percent of 6,000).
• The second-story cap. Note 13: the second story "may have an area up to the lesser of 50 percent of the first-floor area and the floor area of any attached garages or 1,000 square feet in R-1-6 zoning district." A house with a 2,400 square foot first story, garage included, could add 1,000 square feet upstairs, because half of 2,400 is 1,200 and the cap is lower (VanPlex arithmetic).
• When the cap does not apply. "The second-story limitations shall not apply to a project that involves a second story that is converted from an attic or constructed in a way that the second-story floor area is located within the slope of the roof system over the first floor."
• Tall rooms count. Note 16: "Any internal area that exceeds 17 feet in height is counted towards the maximum allowable square footage for the second story." The staff report for Ordinance 02-2026 said the change was to "Clarify how second story area is calculated by moving existing rule from design guidelines to the ordinance."
• Floor level. The finish floor of a first story over a basement may be no more than 28 inches above grade.
• Roof pitch. A pitch between 3:12 and 5:12 is required only in Glenmoor Gardens, Mission Palms and Mission Ranch, and it "may be adjusted through a discretionary design review permit." The other districts show "Not applicable."
• Mission Palms. Note 11: "The overall square footage of a two-story home is limited to 35 percent of the lot area. The square footage of the second story is limited to 60 percent of the square footage of the first story, or 1,000 square feet, whichever is less."
• Mission Ranch. Note 12: "A two-story home is only possible if the first-floor lot coverage first reaches 22 percent but does not exceed 30 percent. The overall square footage of a two-story home, however, then becomes limited to 30 percent of the lot area."

These limits apply to an SB 9 project only above the state minimum. The City must waive any standard that would prevent two units of 800 square feet. See the ADUs and SB 9 page.

Yard Exceptions

Chapter 18.170 lists exceptions that apply without a variance, which is a hearing-based permit to depart from a standard.

• Recorded map lines. A front yard "building setback line shown on a final recorded subdivision map approved after May 8, 1957, shall prevail over other setback standards shown in this title." The same holds for the street side yard line on a corner lot. Check the recorded map of the tract before relying on the table.
• Front yard averaging. Where at least two existing front yards within 100 feet on the same block front are shallower or deeper than the standard, the required front yard may follow their average, "provided, however, that the depth of a front yard on any lot shall be at least 10 feet."
• Steep front yards. Where the slope makes a driveway of 12 percent grade or less impractical, a garage may sit in the front yard, "but not in any case closer than six feet to the street line."
• Single-story additions. They "may encroach into otherwise required side yards to within the same distances to the side lot lines as legally exist for the principal structure, but in no case shall the minimum side yard setback be less than five feet." The exception does not cover a substantially reconstructed home, one where 50 percent or more of the walls and roof are removed or replaced.
• Rear yards. Single-story parts of a house or duplex "may encroach into otherwise required rear yards to within 10 feet of the rear lot line; provided, that there remains an open space area in the required rear yard equal to 70 percent of the required rear yard area."
• Projections. Eaves and cornices may project 2 feet 6 inches into a front, rear or street side yard, and bay windows, balconies and chimneys 3 feet, if they take up no more than one-third of the wall length. A projection into an interior side yard must stay at least 3 feet from the property line.
• Air conditioning units. They may sit in the interior side yard of an R-1 property if "a minimum three feet is provided between the air conditioning unit and the interior side yard property line."
• Decks. A deck more than 18 inches and up to 10 feet above grade may come within 10 feet of the rear lot line. Since May 2026, "Rooftop decks shall be set back from any interior property line a minimum of 15 feet, or comply with the minimum second story setbacks of the underlying residential zoning district, whichever is greater," and their total size is limited to 30 percent of the first-story area.
• Detached accessory structures. A shed, detached garage or similar structure must have its wall "set back five feet from any property line" and stay six feet from other structures. A structure of 120 square feet or less and no more than six feet six inches tall, with no utilities, is exempt from those two rules.

The Solar Access Setback

Chapter 18.186, adopted in November 2017, protects rooftop solar panels on the lot to the north. Section 18.186.030: "New structures and vertical additions to existing structures shall observe a setback equal to or greater than two times the difference in height between the proposed structure and any adjacent structure(s) located along northerly lot line(s)." A northerly lot line is one that "forms a generally north-facing boundary of a lot," and a lot may have more than one. If a new two-story wall is 10 feet taller than the house next door to the north, the setback from that line is 20 feet (VanPlex arithmetic: 2 times 10).

• How the height difference is measured. To the eave if the roof pitch is less than 7:12, to the ridge if a gable end faces the northerly line, and to the top of the parapet on a flat roof.
• In the table. The R-1 standards table carries a row "Solar setback" with the entry "Varies" for every district except Glenmoor Gardens.
• Exempt places. Section 18.186.040 exempts "Structures within the downtown, city center, town center, multifamily residential (R-3-30 or greater), or Warm Springs innovation districts."
• Exempt shade. Any part of a structure that stays within the shadow already cast by a legally existing structure or by a hill is exempt.

The chapter also lists alternatives to the basic rule in Section 18.186.050, which is not summarized here. On a narrow lot with a one-story neighbor to the north, this rule can set the second-story side yard, so measure the neighbor's eave height before drawing an upper floor.

R-3 and R-G Yards and Height

Source: Fremont Municipal Code, Table 18.90.050 and its notes 4, 7 and 8.

• Street setbacks. "When a development fronts upon a Main Street corridor or urban corridor street as identified in the general plan, there is no minimum setback distance to a building."
• Height near low density homes. "Height is limited to 30 feet for those areas of parcels within 50 feet of any property with a general plan density designation of 8.7 units per acre or less."
• R-3-70 near stations. "Height may be increased to 65 feet maximum when within one-half mile of a transit station, and only for those portions of the building that have a step back of 100 feet from any property with a less dense residential general plan designation."
• What counts as a story for step backs. "a half story shall count as a full story unless there are no windows, balconies, or decks facing the adjacent lot," and above-grade garage podiums count as a full story.
• Matching an existing neighbor. "When an adjacent site is previously developed, the newly developing site may utilize the same setback and step backs as the already developed site along that particular property line for the same number of stories as the existing development."
• Houses and duplexes in R-3. "Single-family structures may utilize R-1-6 side yard standards and duplex structures may utilize R-2 side yard standards but in all other respects development shall conform to R-3 district standards."
• R-G. Table 18.90.070 uses separation distances: 20 feet from a street for one-story buildings and 25 feet for taller ones, 15 feet from an interior side or rear line, and 20 feet between buildings. Height is 45 feet, or two and one-half stories and 30 feet for single- and two-family dwellings.

Going Above the Height Limit

• Exempt features. Section 18.170.020 exempts chimneys, flagpoles, "parapet walls extending not more than four feet above the limiting height of the buildings" and similar features.
• Modifications. Other height increases go through Chapter 18.250. The zoning administrator decides after a public hearing with 10 days' notice, and must find that "The increase in building height will not adversely affect the privacy of properties in the vicinity of the project." The applicant may be asked for "documentation showing the shadow and wind effects of any proposed increase in building height on properties within 300 feet."
• Hillside lots. In the (H-I) district, "The height of the roof for any section of the building shall not exceed 30 feet above the grade established by the approved as-built grading plan." On a ridge, knoll or hilltop the limit is 18 feet above finished grade. See the hill area and historic review page.
• Variances. A variance needs a public hearing, and "In no case shall a variance be granted to permit a use that is not permitted in that district."

Parking by Type of Home

Source: Fremont Municipal Code, Table 18.183.030, Required Parking Spaces, Residential Uses.

• Rounding. "a fractional space of one-half space or more shall be counted as one space."
• What a garage space is. The code describes a one-car garage as "a covered parking space up to 250 square feet in floor area and including an unobstructed, accessible nine-foot by 19-foot space."
• Garages are for cars. "Individual garages shall remain reserved for vehicular parking and bicycle parking and shall not be used as a storage area so as to preclude required parking."
• Driveways. A single-family home is limited to one driveway. "Driveways leading to individual garages shall be a minimum of 18 feet in length behind any approved sidewalk or pedestrian system," and at least 10 feet wide for one car or 18 feet for two side by side.
• Additions. "Additions to existing single-family dwellings shall not be required to comply" with the rule that an addition must add parking. The table still ties the count to bedrooms, so ask the Planning Division how it treats an addition that brings a house to five bedrooms.
• Tandem. Section 18.183.175: in R-1, R-2 and R-3, tandem spaces "may only be considered through a discretionary design review permit and shall be limited to no more than 30 percent of the required parking." For a single-family dwelling, "no more than one-third of required parking spaces may be tandem."
• Guest spaces. In multiple dwelling projects they must be marked for guest parking only.
• Flag lots. Two guest spaces per flag lot in addition to the spaces for the house.
• SB 9 units. One space per unit, with none near transit or a car share space.
• Reductions. For multiple dwellings a reduction "may only be granted by the approval authority in accordance with the provisions of Chapter 18.250," and not where there is too little off-street parking for the neighborhood.

Parking Near Transit

Section 18.183.020, amended in December 2023, writes the state rule in Government Code 65863.2 into the City code: "minimum automobile parking requirement on a residential, commercial, or other development project shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Cal. Pub. Res. Code § 21155." The statute defines public transit as "a major transit stop as defined in Section 21155 of the Public Resources Code."

• Unbundling. Parking a builder chooses to provide there may be sold or rented apart from the home: "the parking shall not be required by the city to be included in the purchase price of the residential unit."
• When the City may still require parking. Only with written findings "within 30 days of the receipt of a completed application" that leaving out a minimum "would have a substantially negative impact" on the City's lower income housing targets, on housing for the elderly or disabled, or on existing parking within one-half mile.
• When it never may. For a housing project near transit where "The development dedicates a minimum of 20 percent of the total number of housing units to very low, low, or moderate income households, students, the elderly, or persons with disabilities," or where "The development contains fewer than 20 housing units."
• Maximums in the TOD overlay. Table 18.152.070 turns the numbers into ceilings: "1 covered, 0.5 uncovered" per multifamily unit.
• Density bonus projects. On request, no more than one space for a home with zero to one bedroom, one and one-half for two to three bedrooms and two and one-half for four or more, and 0.5 per unit for certain projects within one-half mile of a major transit stop.
• Bicycles. Bicycle parking is required "in spite of no minimum automobile parking requirements."

A two-home or four-home project near a BART station therefore has no parking minimum under either text, because it has fewer than 20 homes. Whether a lot is inside the half-mile area is a question of distance to a qualifying stop; ask the Planning Division.

Front Yards, Paving and Trees

• Hardscape. "front and side yard hardscape shall be limited to essential driveways leading to parking and pedestrian walkways." Hardscape means paved or hard-surfaced ground.
• Driveway buffers. Side yard buffers for single-family driveways "shall generally be a minimum of six feet in width adjacent to perimeter property lines to allow for landscape screening and large tree growth," or three feet for an extended driveway.
• Street trees. Utility lines must be placed so they do not prevent a street or front yard tree on each single-family lot.
• Water use. "Bay friendly and water efficient landscapes meeting state water efficiency standards are required."
• Lighting and equipment. Exterior lighting must be diffused or concealed, and electrical transformers placed underground.

Where the Code and State Law Differ

• Parking near transit. Table 18.183.030 still lists two or three covered spaces for a house. Section 18.183.020 and Government Code 65863.2 remove the minimum within one-half mile of public transit. The table applies only outside that area.
• ADUs and SB 9. The yards, second-story cap and lot coverage on this page do not limit an ADU of up to 800 square feet with four-foot side and rear setbacks, and they do not apply where they would prevent two SB 9 units of 800 square feet.
• Recorded maps. A setback line on a subdivision map approved after May 8, 1957 overrides the table. The table alone does not show the setback on such a lot.
• R-3 height near stations. The 65-foot allowance for R-3-70 is lower than the 75-foot state minimum for an SB 79 project within one-quarter mile of a Tier 1 stop. See the three or more homes page.

Limits of This Page

The code text is the publisher's copy, current through Ordinance 02-2026 of May 5, 2026. The City website answered 403 to a script, so the Citywide Design Guidelines, the Glenmoor Gardens and Mission Ranch design guidelines, the small-lot and multifamily design guidelines and the City's handouts were not read; some of their design rules are objective standards a project must meet. The fence and hedge chapter, the bicycle parking section, the parking lot design section and the Downtown, City Center and Warm Springs parking tables are not summarized. Planned districts have their own standards. Ask the Planning Division which standards and which recorded setback lines apply to your lot.

Where to Go Next

Related on VanPlex: the Fremont overview, the three or more homes page and the California lot eligibility page.

Frequently Asked Questions

Official sources (checked October 2026)