Fremont | Lot size and subdivisions

Fremont, California Lot Size and Subdivisions: R-1 Lot Sizes, Flag Lots, Hillside Lots, Tentative Maps, Parcel Maps and SB 9 Lot Splits

Fremont sets lot sizes in two places. The zoning title gives each district its lot area, width and depth, and Title 17, the subdivision title, sets the frontage every new lot must have and the steps to create one. Most of Title 17 dates from 1975. In Fremont the Planning Commission, and for small divisions the Planning Manager, makes the decision on a tentative map, and the City Council sees it only on appeal. The City added its own section on SB 9 lot splits in December 2023 and amended it in May 2026. This page covers lot sizes, flag lots, hillside lots, the map steps, fees and the state lot split laws. The Fremont overview has the summary.

Minimum Lot Size by District

Sources: Fremont Municipal Code Table 18.90.040, Table 18.90.050, Table 18.90.070 and Section 18.190.165 (current through Ordinance 02-2026). The minimum lot depth is 100 feet in the R-1, R-2 and R-3 districts.

• Depth. Every R-1, R-2 and R-3 lot needs a depth of 100 feet. A 55-foot-wide R-1-6 lot that is 100 feet deep has 5,500 square feet, which is under the 6,000 square foot minimum, so the area figure is the one that controls on a lot of minimum width (VanPlex arithmetic: 55 times 100).
• Designated neighborhoods. Glenmoor Gardens uses the R-1-6 lot figures. Mission Palms and Mission Ranch use the R-1-8 area of 8,000 square feet, and Mission Ranch asks for an interior width of 75 feet.
• Combining lots. The table is introduced with the sentence "Combining small parcels may be necessary to fulfill the requirements of this chapter and other city standards and regulations."
• Lots under 6,000 square feet. A note on the lot area row says that, to allow the densities in the General Plan, new residential development on lots of less than 6,000 square feet may use the objective standards in the City's design guidelines for small-lot single-family developments. Those guidelines were not read for this guide.
• R-3 lots. Attached housing developments, the code's term for townhomes, row houses and similar homes on their own small parcels, are exempt from the R-3 lot area, frontage and width figures "except as set forth in the city's multifamily design guidelines."
• Existing small R-3 lots. "Pursuant to Cal. Gov't. Code § 65913.11, as may be amended, minimum lot standards shall not apply for existing lots where a small-scale multifamily housing development project is proposed." That means a project of three to ten homes.

What Every New Lot Must Have

Section 17.25.180 lists the lot standards that apply to any subdivision, in addition to the zoning figures: "The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located."

• "No lot shall have a street frontage less than 35 feet, except for lots within attached housing and detached townhome developments, subject to approval by the reviewing agency." Street frontage is the edge of the lot along the street.
• "No lot shall have a width less than 45 feet at the building setback line," with the same exception.
• "No lot shall have a depth of less than 100 feet," with the same exception.
• "Corner lots for residential use shall be platted a minimum of 10 feet wider than interior lots in order to permit conformance with the required street side yard requirements of the zoning ordinance."
• "A lot depth in excess of twice the width shall be avoided whenever possible."
• "No lot shall be divided by a city boundary line."
• "No remnants of property shall be left in the subdivision that do not conform to lot requirements, and are not required for a private or public utility purpose."

Two more sections shape a small division. Section 17.25.030: "No subdivision shall create lots which are impractical of improvement due to steepness of terrain, location of watercourses, or other natural physical conditions except when said subdivision is designed for nonhabitable uses." Section 17.25.040: "All lots created by a subdivision shall have access to a public street." A private street may be allowed where "the most logical development of the land requires private street access," and it must be built before the buildings are finished or occupied unless the City Engineer accepts a security for it. Blocks "shall not normally exceed 2,000 feet in length."

Flag Lots

A flag lot sits behind another lot and reaches the street by a narrow strip. The code calls the strip the pole and the buildable part the flag. Dividing a deep lot into a front lot and a flag lot is a common way to add one house lot, and Section 18.190.165 sets the rules.

• Where. "A flag lot shall only be allowed on properties within zoning districts allowing one single-family home per lot. One accessory dwelling unit may also be permitted." Table 18.90.040 gives a flag lot frontage of 26 feet for R-1-6, R-1-8, R-1-10, R-1-20 and R-1-40, and none for R-2 or the three designated neighborhoods.
• Frontage. Under Section 17.25.180 a flag lot "shall have a minimum street frontage of not less than 26 feet. Flag lots created prior to December 6, 2016, with a street frontage not less than 20 feet are considered conforming lots with regard to street frontage."
• Fire access. A fire access roadway must run within the pole "to within 150 feet of all exterior portions of the structures/buildings." It must be all-weather, at least 20 feet wide, carry 75,000 pounds, keep grades at or under 15 percent and have 13.5 feet of vertical clearance. A roadway longer than 150 feet needs an approved turnaround.
• Shared poles. "If allowed, adjoining flag lots shall be required to share a common driveway." The code adds that "Flag lots shall not be used in lieu of a private or public street."
• Parking. In addition to the spaces for the house, "an additional two guest parking spaces shall be provided per flag lot." They may sit in the front yard if each is at least five feet from any lot line and off the fire access roadway.
• Yards. Yard measurements are taken inside the flag part of the lot, leaving out the pole.
• Landscaping and fences. At least 18 inches of landscaping must separate the roadway from each side property line, and a fence along the pole may not be higher than 48 inches within 20 feet of the street.

Lots on Slopes and Near the Hills

In the (H-I) hillside combining district the lot must be larger than the base district asks. Section 18.130.040 sets the minimum lot area as that of the base district "increased two percent in area for each one percent of land slope in excess of six percent," with a cap: "the maximum total increase required shall not exceed 50 percent for any lot with 30 percent or greater slope." Lot width rises by the same formula. An R-1-10 lot on a 16 percent slope therefore needs 12,000 square feet (VanPlex arithmetic: 16 minus 6 is 10 points of slope, times 2 percent is 20 percent, and 10,000 times 1.2 is 12,000). The increase does not apply to lots of four acres or more.

• Steep land. Land with slopes over 30 percent counts as constrained, which limits how much of it can be built on.
• Subdivisions with slopes of eight percent or more. Section 17.25.120 lets the deciding body modify the Title 17 standards "in a manner that will result in the best possible utilization of the land to be subdivided, giving consideration to the topography of the land."
• The toe of the hill line. This is a line along the base of the hills where the natural grade first reaches 20 percent. For a parcel of less than 20 acres that the line crosses, Section 18.130.070 says the area above the line "shall not count towards the minimum parcel size required by the zoning district below the toe of the hill line," and that area "shall be placed in an open space easement."

The hill area and historic review page covers the open space lot sizes of 1 to 100 acres above that line.

The Map Steps

A tentative map shows the proposed lots for the City to approve. A final map or parcel map is the surveyed map recorded with the county, which creates the lots. Government Code 66426 requires a tentative and final map "for all subdivisions creating five or more parcels," with listed exceptions, and a parcel map for smaller divisions. Fremont staff reports call the larger kind a tract map.

Sources: Fremont Municipal Code 17.05.050, 17.20.010, 17.20.070, 17.20.090, 17.20.250, 17.20.320, 17.20.350, 17.20.380, 17.20.510 and 18.190.007; Gov. Code 66411.7.

• Who decides. Section 17.05.050: "The commission shall constitute the advisory agency for tentative maps." For parcel maps, "The planning manager shall constitute the advisory agency for parcel maps and their respective tentative maps unless the planning manager refers such tentative maps to the commission for its consideration." The advisory agency is the body that decides the tentative map.
• Staff review first. A committee of the Planning Manager, City Engineer, Chief of Police and Fire Chief, or their staff, reviews each tentative map and then meets with the subdivider. The City sends a notice to the Fremont Unified School District within 10 days of filing.
• The hearing. Notice goes out at least 10 days before the hearing, by one newspaper publication and by mail "to owners of real property within 300 feet of the property proposed to be subdivided."
• The 50-day rule. Section 17.20.070: if the map complies, the Commission "shall approve the tentative map within 50 days after the filing of a complete map, unless such time is extended by written agreement with the subdivider." If it does not act in time, the map "shall be deemed to be an approval of the map insofar as it complies with other applicable requirements."
• Grounds for denial. Section 17.20.200 lists six, among them that "The site is not physically suitable for the type or proposed density of development."
• When a parcel map goes to the Commission. Section 17.20.340 requires a referral where the area lacks development, public facilities or a street network, where the map "creates more than four lots, with an overall acreage in excess of 80 acres," or where the Planning Manager finds the public interest is better served by Commission hearings.
• Appeals. A Commission decision may be appealed to the City Council "within 10 days after the action of the commission," and the Council holds a hearing within 30 days. A Planning Manager decision on a tentative parcel map is appealed to the Commission within 10 days.
• Final map. The City Council "shall approve the map if it is determined to be in conformity with the requirements of this title, the Map Act, and in substantial compliance with the tentative map." Unfinished improvements are covered by an agreement with a guarantee.

How Long an Approval Lasts

• Tentative maps. Section 17.20.100: "The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved." A request for more time goes to the Planning Commission "at least 40 days before the approval or conditional approval is due to expire," and "An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years."
• State extensions. Government Code 66452.6 also governs the life of a tentative map. Where the statute gives more time than Section 17.20.100, ask the Planning Division which period it applies.
• Tentative parcel maps and vesting maps. Both follow Section 17.20.100.
• Vesting tentative maps. A vesting tentative map fixes the rules for the project. Section 17.20.470 says approval "shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov't Code § 66474.2." After the final map is approved the rights last "An initial time period of one year," with a one-year extension on request.
• Extension fee. The fee schedule lists a $5,000 deposit for a tentative map extension. On July 23, 2026 the Planning Commission agenda carried a two-year extension request for a tract map on Witherly Lane.

Lot Line Adjustments and Lot Combinations

A lot line adjustment moves the line between existing lots and creates no new lot. The Planning Manager decides it. Section 17.20.510 requires five findings: the adjustment "does not violate existing codes and policies," "will not create difficult or unreasonable access to the parcels," "would not require variances to permit standard development," utilities and public services can be provided, and "No street dedications or improvements are required." The plat, the drawing of the change, "need not be prepared by an engineer or surveyor unless the location of buildings requires more accurate locational data."

A lot combination joins two or more adjoining lots under one owner. Section 17.20.620 has the owner file a plat with the Planning Manager, who approves it if it conforms to the General Plan, the zoning ordinance and City development policies. The owner then records the notice of approval with the county recorder: "Failure to record the lot combination shall be cause for the denial of any project dependent on the lot combination."

Map Fees in the 2026 Schedule

Source: City of Fremont, Master Fee Schedule, Section II, Development Fees, effective January 5, 2026, part D, Subdivision. Each amount has the fee basis "Job Cost."

These are deposits. The schedule explains that "deposits required for job cost fees must be paid with the submittal of an application," and that the amounts "are adjusted administratively and are updated from time to time based on the average cost to process the various application types." It adds: "applicants are encouraged to confirm deposit amounts with City staff prior to submittal." Construction inspection for subdivision improvements starts with a deposit of 3 percent of the improvement cost.

Park Land

Section 17.25.270 lets the City require park land from a residential project "in an amount proportionate to the number of residents estimated to reside within the development project, and sufficient to maintain the city's park fee standard of five acres of park land per 1,000 persons." It follows Government Code 66477, which the code calls the Quimby Act. The City also charges a park land impact fee under Chapter 18.290, and the section says the City "shall have the sole discretion to determine whether or not the development project is required to dedicate park land or to pay the park land impact fee." A project that gives land receives a credit against the fee. The fee amounts by bedroom count are on the permits and fees page.

SB 9 Urban Lot Splits

SB 9 is the 2021 state law that lets the owner of a lot in a single-family zone divide it in two, with approval by staff and no hearing. The state rule is Government Code 66411.7. Fremont's own section is 18.190.007, adopted by Ordinance 07-2023 on December 5, 2023 and amended by Ordinance 02-2026 on May 5, 2026. It defines an urban lot split as "a subdivision of an existing parcel into no more than two separate parcels."

• Where. "Two-unit developments and urban lot splits shall be located within a single-family residential zone or a planned district that allows single-family residential units."
• Size. "Both resulting parcels are no smaller than 1,200 square feet each," and "Neither resulting parcel shall be smaller than 40 percent of the lot area of the parcel proposed for the subdivision." A 6,000 square foot R-1-6 lot could become lots of 2,400 and 3,600 square feet, or two of 3,000 (VanPlex arithmetic: 40 and 60 percent of 6,000).
• Access. "Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way."
• Who decides. "The planning manager, or their designee, shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels." Ministerial review means staff check the application against fixed rules and hold no hearing.
• Homes per new lot. "no more than a total of two units of any kind, including accessory dwelling units and junior accessory dwelling units, shall be constructed or maintained on each parcel created by the urban lot split."
• Owner on site. The owner signs an affidavit stating "that they intend to occupy one of the housing units on the newly created parcel(s) as their principal residence for a minimum of three years from the date of the approval of the urban lot split." Community land trusts and qualified nonprofit corporations are exempt.
• One split only. The parcel must not have been created by an earlier urban lot split, and neither the owner "nor any person acting in concert with the owner" may have split an adjacent parcel this way.
• No street work. "no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split; however, easements may be required for the provision of public services and facilities."
• Recorded covenant. Before the parcel map records, the owner records a covenant that bars a further urban lot split, limits the land to residential uses and bars rentals "for a period of less than 30 days."
• Historic sites and tenants. A split may not be on a city landmark site and may not require demolishing a contributing structure in a historic district. If existing housing would be altered or demolished, the owner signs an affidavit that it was not occupied by a tenant in the last three years.

The City Council staff report of March 10, 2026 counts the results. In 2025 nine urban lot split applications were submitted and four were approved. The report describes the category as "the subdivision of an existing parcel into two lots via a tentative parcel map." In 2024 the City approved three urban lot splits and one combined two-unit development and lot split.

Small-Lot Maps Under SB 684 and SB 1123

A second state law, Government Code 66499.41, covers a division into "10 or fewer parcels." The SB 684 and SB 1123 page explains it. A search of Titles 17 and 18 of the Fremont code found no mention of that section, so the statute applies directly. It covers a lot "zoned to allow multifamily residential dwelling use" of "no larger than five acres," and a vacant lot zoned for single-family homes of "no larger than one and one-half acres." New parcels on multifamily land are "no smaller than 600 square feet," and on single-family land 1,200 square feet. The City must decide "within 60 days from the date the local agency receives a completed application." In Fremont the R-3 and R-G districts and the mixed-use districts allow multifamily homes. The fee schedule has no line for this kind of map. Ask the Planning Division which deposit applies.

Recent Small Subdivisions on City Agendas

Planning Commission agendas show what small infill subdivisions look like in Fremont. An infill site is a vacant or underused lot inside the built-up city.

• Cherry Court, September 24, 2026. The agenda lists a "Discretionary Design Review Permit, Vesting Tentative Tract Map No. 8770, and other minor entitlements to allow the construction of six new single family units on a .67-acre site located at 38860 Cherry Court." The draft findings say the project "would meet or exceed the objective design standards contained within the Small-Lot Single-Family Design Guidelines." Six homes on 0.67 acre is 4,864 square feet of site per home (VanPlex arithmetic: 0.67 times 43,560, divided by 6).
• Olive Avenue, January 22, 2026. A design review permit, a vesting tentative tract map and a private street "for the development of six (6) new two-story single-family dwellings" at 2057 Olive Avenue.
• Dusterberry Way, February 26, 2026. The agenda lists a "24-unit detached townhome development with three on-site affordable units and 21 attached accessory dwelling units on a 1.86-acre lot," with waivers under the state density bonus law.

These lines come from the agendas. The minutes of those three hearings were not read, so the outcomes are not stated here.

Where the Code and State Law Differ

• Hearings. Title 17 holds a public hearing on every tentative map that needs a final map. Government Code 66411.7 and 66499.41 require approval with no hearing for the maps they cover. Section 18.190.007 follows the statute for urban lot splits. Title 17 has no matching section for small-lot maps.
• Frontage. Section 17.25.180 asks for 35 feet of street frontage. For an urban lot split, the City's SB 9 section requires only that each lot "have access to, provide access to, or adjoin the public right-of-way," and the zoning administrator must waive any standard that would physically prevent two homes of 800 square feet on each lot.
• Old code numbers. Each section of Title 17 still shows its number from the 1990 code, and Section 17.20.230 asks for "Blue line prints of the final map." The application steps the City uses today are in its current submittal requirements, which were not read.
• Map life. Section 17.20.100 caps extensions at three years. Government Code 66452.6 sets the state limits. Where they differ, state law sets the outer limit.

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 City's subdivision application forms, its SB 9 forms, the small-lot design guidelines, the private street policy and the hillside street standards were not read. No park fee for a specific project is given, and no engineering or improvement cost. The fee deposits come from the schedule attached to the City Council agenda of November 4, 2025, which the Council adopted that night as Resolution No. 2025-48; staff adjust deposit amounts from time to time. Ask the Planning Division and the Engineering Division for the current forms and deposits.

Where to Go Next

Related on VanPlex: the Fremont overview, the SB 684 and SB 1123 page and the hill area and historic review page.

Frequently Asked Questions

Official sources (checked October 2026)