Is it illegal to fly my kite on my porch I live upstairs in an apartment in Fremont California?

I'm sure there are no specific laws against it. There may be rules that apply in your complex. I'm sure it doesn't say anything about 'no flying kites from your apartment', but there is probably a general clause which covers it. Give it a try and see what happens. The weather is looking better now and the winds are going to die down soon so get to it.