Executive Summary: STR Allowability in Fremont, CA

Short-term rentals ARE ALLOWED in Fremont, California, subject to specific regulations under a newly adopted ordinance. The Fremont City Council adopted the STR ordinance on January 9, 2024, which became effective on February 8, 2024. STRs are defined as rentals of residential dwelling units (or portions thereof) for less than 30 consecutive nights.

Starting a Short-Term Rental Business in Fremont

Initial Steps

1. Verify Eligibility: Confirm that your property qualifies as your primary residence
2. Obtain Required Permits: Apply for the no-cost STR permit through the City's online portal
3. Register for Taxes: Complete Transient Occupancy Tax (TOT) registration
4. Comply with Safety Standards: Complete and submit the Safety Affidavit
5. Establish Local Contact: Designate a local contact person available 24/7
6. Notify Neighbors: Send required notification to properties within 100 feet

Application Process Timeline

• Application Window: STR hosts have until the end of 2024 to obtain permits
• Processing: Applications are submitted through the City's Short-Term Rental Permit Portal
• Annual Renewal: STR permits must be renewed annually

Required Documents, Permits, and Licenses

Primary Permits and Licenses

1. Short-Term Rental Permit (No Cost)

   • Mandatory for all STR operations
   • Applied through: Short-Term Rental Permit Portal
   • Annual renewal required

2. Transient Occupancy Tax Registration

   • TOT rate: 10% of gross rental income
   • Must be remitted monthly
   • Registration certificate required before operating

3. Business Tax Registration

   • Rental Unit Business Tax (annual assessment)
   • Based on number of rental units

Required Documentation

1. Proof of Primary Residency

   • Driver's license
   • Income tax statement
   • Property tax statement with homeowner's exemption

2. Safety Affidavit

   • Download and complete: Safety Affidavit
   • Submit with permit application

3. Owner Permission Form (for tenants)

   • Download: Owner Permission Form
   • Written approval from property owner required

4. HOA Approval Letter (if applicable)

   • Written approval from Homeowners' Association required

5. Designated Local Contact Information

   • Must be available 24/7 to respond within one hour

Specific Regulations for Fremont, CA

Eligibility Requirements

• Primary Residence Only: STRs allowed only in host's primary residence
• Host Qualification: Must be homeowner or long-term tenant with proof of residency
• Single Listing Limit: Maximum of one STR per dwelling unit
• Host Limit: Maximum of one STR permit per host in Fremont

Operational Restrictions

Occupancy Limits:

• Maximum of two guests per bedroom
• No specific annual rental day limits

Property Type Restrictions:

• STRs NOT allowed in Accessory Dwelling Units (ADUs) or Junior ADUs (JADUs)
• Consistent with California Government Code Section 65852.2

Hosting Requirements:

• Host not required to be present during guest stays
• Designated local contact person required (available 24/7, respond within one hour)

Community Standards

Good Neighbor Policy:

• Host must sign and adhere to Good Neighbor Guidelines
• Guidelines must be posted on inside of front door and backyard door

Neighbor Notification:

• Required notification to neighbors within 100 feet
• Use City-provided letter template
• Must include host and local contact information

Parking Requirements:

• All parking must be on-site (garage, carport, driveway)
• No public street parking for STR guests
• Does not apply in Transit-Oriented Development (TOD) overlay districts

Tax Obligations

Transient Occupancy Tax (TOT):

• Rate: 10% of gross rental income
• Monthly remittance required
• Host responsible for collection and payment

Rental Unit Business Tax:

• Annual assessment based on number of units
• Separate from TOT obligations

State-Level Regulations (California)

ADU Restrictions

• California Government Code Section 65852.2 prohibits STRs in ADUs and JADUs
• ADUs and JADUs can only be rented for periods exceeding 30 consecutive days

General California Framework

• Cities have authority to regulate STRs within their jurisdictions
• Local ordinances must comply with state law
• Transient Occupancy Taxes are common across California jurisdictions

Contact Information

Primary Contact: Code Enforcement Division

Address: 39550 Liberty St. First Floor Fremont, CA 94538

Phone: 510-494-4430

Email: code_enf@fremont.gov

Hours: Standard business hours

Additional Contacts

David Wage, Code Enforcement Manager:

• Phone: 510-494-4447
• Email: dwage@fremont.gov

City Main Line:

• Phone: 510-284-4000
• Address: 3300 Capitol Ave. Fremont, CA 94538

Emergency Contacts

• Emergency Dispatch: 911 (for emergencies and criminal activity)

Source Links and Resources

Official City Resources

• Short-Term Rental Permit Information
• Short-Term Rental Ordinance (Code Publishing)
• Adopted STR Ordinance Document
• STR Permit Application Portal

Required Forms and Guidelines

• Good Neighbor Guidelines
• Neighbor Notification Letter Template
• Safety Affidavit
• Owner Permission Form

Additional Resources

• City of Fremont Community Development Department
• Transit-Oriented Development Overlay Districts Map

Compliance and Enforcement

Enforcement Agencies

• City Code Enforcement Division
• Finance Department
• Police Department
• Third-party data monitoring firm (contracted for STR activity tracking)

Violation Consequences

• Notices of violation
• Citations
• Permit suspension or revocation
• Financial penalties

Complaint Process

1. Initial complaints to STR host or designated local contact
2. Unresolved complaints to Code Enforcement at 510-494-4430 or code_enf@fremont.gov
3. Emergency situations to 911

Important Timeline Notes

• Ordinance Effective: February 8, 2024
• Permit Deadline: End of 2024 to obtain initial permit
• Annual Renewal: Required for continued operation
• Tax Remittance: Monthly TOT payments required

This guide provides a comprehensive framework for operating a compliant short-term rental business in Fremont, California. Investors should regularly check the official city website for any updates or changes to regulations.