Fremont | Permits and fees

Fremont, California Permits and Fees: Design Review, Hearings, Appeals, Time Limits, Impact Fees by Bedroom Count and the Construction Tax

Most housing approvals in Fremont use one permit, the design review permit, and one officer, the zoning administrator. Larger projects and subdivisions go to the Planning Commission, and the City Council hears appeals. There are four kinds of fees: deposits for the Planning review, development impact fees set by the number of bedrooms, the affordable housing fee, and a construction tax per home. The amounts on this page come from the Master Fee Schedule section labelled effective January 5, 2026, attached to the fee item the City Council approved on November 4, 2025. The Fremont overview has the summary.

Who Decides What

Sources: Fremont Municipal Code 18.235.040, 18.235.070, 18.275.040, 18.230.040, 18.250.050, 17.05.050, 18.190.005 and 18.190.007 (current through Ordinance 02-2026).

The zoning administrator is "the person appointed by the city manager as zoning administrator of the city." The code defines the Planning Manager as "the planning manager of the city of Fremont, California." The Historical Architectural Review Board, which the code shortens to HARB, reviews projects in historical overlay districts and projects that "may affect a potential or designated register resource."

Design Review: Two Kinds

Section 18.235.020 sorts projects into ministerial and discretionary design review. Ministerial review means staff check the plans against fixed standards and must approve a project that meets them. Discretionary review means a decision after a public hearing, with findings.

• Ministerial: houses. "Single-family homes that would not cause the primary building to exceed 7,500 square feet in area and additions to single-family homes that meet the development standards for the zoning district where they are located and design rules contained in the citywide design guidelines."
• Ministerial: other housing. "Accessory dwelling units when consistent with Section 18.190.005," housing in the HESI overlay with 20 percent lower income homes and no subdivision, and qualifying supportive housing.
• When a ministerial project becomes discretionary. Where "the district regulations require discretionary review, the project requires another discretionary permit from the planning commission, the project is inconsistent with adopted design rules, or the project may affect a potential or designated historic register resource."
• Discretionary. Homes that pass 7,500 square feet or do not meet the design rules, "Multifamily residential projects to the extent consistent with the requirements of the Housing Accountability Act," commercial projects, and any project that needs another discretionary approval from the Planning Commission or HARB.
• The ministerial test. Section 18.235.070: the City "shall approve an application for ministerial design review when the zoning administrator or designee finds that the proposed project is consistent with fixed standards." Staff "may only impose conditions that would make the project conform to adopted standards or design rules."
• The discretionary findings. Section 18.235.060 requires that the project be consistent with the General Plan, zoning and adopted design rules, and that "When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means."
• Small changes later. Modifications to a design review permit for a housing project "shall be subject to ministerial review if the modifications are objectively compliant with applicable development standards and design criteria."

State law limits what a hearing can do to a housing project, and the City code repeats the limit. Under Section 18.235.020, a housing project of two or more homes that "complies with all applicable, objective general plan, zoning, subdivision, and design review standards in effect at the time the application is determined to be complete" may not be denied or cut in density unless the City finds in writing "a specific, adverse impact upon the public health or safety." That rule comes from the Housing Accountability Act.

Hearings and Notice

• Notice. Section 18.320.020 requires mailed notice "at least 10 days" before the hearing to the owner, the applicant, affected local agencies and "All owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing."
• Longer notice for ordinances. Since Ordinance 02-2026 the notice period is "at least 20 days if a proposed zoning ordinance or amendment affects the permitted uses of real property."
• Conditional use permits. "The planning commission shall consider and act upon an application for a conditional use permit after a public hearing." It must find, among other things, that "The site is physically suitable for the type and density or intensity, as applicable, of the proposed use."
• Zoning administrator permits. The zoning administrator decides them "after a public hearing," or the Planning Commission does when the request comes with another Commission permit.
• 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."
• A year's wait after denial. After a denial, an application for the same property "shall not be eligible for reconsideration for one year," unless the denial was without prejudice or the new application is substantially different.

Appeals

Chapter 18.300 sets a short appeal period. An appeal "shall be filed within 10 calendar days following the date of the decision that is being appealed," in writing and with the fee. Decisions of the zoning administrator, Planning Manager or Community Development Director go to the Planning Commission, and "Decisions of the planning commission and art review board may be appealed to the city council."

• Who may appeal. "Appeals may be filed by any interested party."
• Effect. "The timely filing of an appeal shall automatically stay the operative effect of the action, permit, decision or determination from which the appeal has been taken until a final decision is rendered on the appeal."
• Scope. "Review of all appeals shall be de novo. The review body is not bound by the decision that has been appealed or limited to the issues raised on appeal."
• No decision. A "no action" result at a noticed public meeting "shall be considered a denial and would be eligible for the same appeal process as a denial."
• An example. In 2025 a third-party appeal of a zoning administrator design review approval at 6200 Paseo Padre Parkway went to the Planning Commission on February 13 and then to the City Council on May 6, according to the agendas of those meetings.

How Long an Approval Lasts

Section 18.330.030, amended in January 2025, gives housing more time than other projects. A discretionary zoning approval for a residential project or a housing development project "shall be exercised within 48 months following the date on which the permit was approved." Other approvals have 24 months.

• Extension. Before expiry the applicant may ask the zoning administrator "for an extension of the permit for up to 24 months from the expiration date of the initial approval." It may be granted if conditions and policies "are substantially the same as when the permit was originally approved."
• What counts as exercised. "A valid building permit has been issued in reliance on the permit or approval, and construction is being diligently pursued," or a certificate of occupancy has been issued, or "Substantial action has been commenced in good faith to implement the permit or approval, and the applicant has incurred substantial expense."
• Conditions may differ. The periods apply "Unless conditions of approval establish a different time limit."
• Maps. A tentative map has its own life of 24 months with extensions. See the lot size and subdivisions page.

Before You Apply

The fee schedule lists three early steps. The Preliminary Review Procedure, at a $5,000 deposit per review cycle, gets written staff comments before a formal filing. The March 10, 2026 staff report says the Planning Division "continues to promote the PRP process as a valuable steppingstone to formal entitlement submittal," and that "In 2025, the Planning Division received 16 PRP applications for new housing developments." A Pre-Application has a $2,000 deposit. The "HCA Preliminary Application" has a flat fee of $1,320. The schedule does not spell out the letters HCA, so ask the Planning Division what that application covers. The same report says the City offers "a virtual appointment plan check program and express permits" aimed at same-day permit issuance for qualifying residential projects.

Planning Deposits and Fees

Source: City of Fremont, Master Fee Schedule, Section II, Development Fees, effective January 5, 2026, parts A and C. Subdivision deposits are on the lot size and subdivisions page.

• Deposits. The schedule calls most Planning charges "Job Cost" and explains that "deposits required for job cost fees must be paid with the submittal of an application." Under Section 18.310.010 the City Manager "may establish and update a schedule of deposits," and "Any unused portion of any deposit shall be returned to the person paying the deposit upon completion of the project."
• Hourly rates. Planning staff time is listed at $192 per hour and Engineering staff time at $205 per hour for plan check of building permits that need no design review.
• No action before fees are paid. "Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application, appeal or other matter pertaining to this title."
• Two surcharges. The Community Planning Fee is "15% of building plan check and permit/inspection fees." The Permitting Technology Fee is "3% of plan review and inspection services" and is not applied to the construction tax, development impact fees or affordable housing fees.
• When the fees were set. The staff report of November 4, 2025 says the City Council last updated the development fee schedule in May 2024, and "Prior to May 2024, fees had not been updated since 2014." That night the Council adopted Resolution No. 2025-48, with minor changes to Building fees and new affordable housing processing fees.

Development Impact Fees by Bedroom Count

An impact fee is a charge on new development to pay for the public facilities it will use. Chapter 18.290 sets up five for homes, and the fee schedule states that "Residential uses pay all five fees listed above." Fremont sets them by the number of bedrooms in the home, so a small apartment pays less than a large house.

Source: City of Fremont, Master Fee Schedule, Section II, Development Fees, effective January 5, 2026, part I, Development Impact Fees, which cites Resolution No. 2023-59 of December 12, 2023. The totals are the sum of the five fees in each row.

• A duplex example. Two new three-bedroom homes would owe $82,076 in impact fees (VanPlex arithmetic: 2 times $41,038).
• Affordable homes. "Deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities fees at a rate that is 50% of the rate shown above. Capital Facilities and Fire Facilities fees shall be paid at the full rate shown above."
• Which amount applies. Section 18.290.080: the fee is "the amount of the fee in effect, pursuant to implementing resolution, on the date of permit issuance." If a fee is paid more than 18 months after the permit is issued, the amount in effect at the time of payment applies.
• Remodels and additions. "Residential development projects, including accessory dwelling units, are exempt from impact fees for any remodel or addition, as long as they do not result in a change of use."
• Rebuilding. A project that replaces a razed structure gets a credit for the last legal use, if the old structure existed on or after set dates: May 16, 1989 for the fire fee, June 11, 1991 for the traffic, capital facilities and park facilities fees, and April 18, 1972 for the park land fee.
• ADUs. State law bars impact fees on an ADU of 750 square feet or less. See the ADUs and SB 9 page.
• SB 9. "Two-unit developments are subject to the city's impact fee ordinance."
• Protests. Article IV of the chapter gives an applicant an informal hearing with the director and an appeal to an independent hearing officer.

When Impact Fees Are Paid

Section 18.290.070 was amended by Ordinance 02-2026 to follow new state law on fee timing. The staff report described the change as "Update the timing of fee payments, including development impact fees, to comply with recently passed State laws."

• The general rule. "the fees for each unit of development within a development project shall be paid in full prior to the issuance of the building permit required for that unit of development."
• Designated residential projects. For a unit in a designated residential development project as defined in Government Code 66007, the fees "shall be paid in full prior to the final inspection or issuance of the certificate of occupancy, whichever comes first."
• Deferral for other projects. With the director's approval, a one-unit project may pay at final inspection, at the certificate of occupancy or at "The expiration of 18 months from the date of permit issuance," whichever comes first.
• The agreement. A deferral needs a written agreement recorded with the Alameda County recorder before the permit is issued. It "runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation, and is enforceable against successors in interest."
• No occupancy before payment. "No city official or agency may certify final inspection or issue a certificate of occupancy for a unit of development, or otherwise allow occupancy of a unit of development, until the fees required by this chapter with respect to such unit are paid."

The Construction Tax and Other City Charges

Source: City of Fremont, Master Fee Schedule, Section II, part J, Construction Tax, under Fremont Municipal Code Section 5.05.280.

• Yearly increase. The schedule says the "Ordinance requires automatic increases on July 1 of each year based on the change in the gross national product (GNP) deflator," a national measure of price change.
• Affordable housing fees. Projects of two or more net new homes fall under Chapter 18.155, with in-lieu fees from $8.75 to $44.00 per habitable square foot. See the three or more homes page.
• Building fees. The November 2025 staff report says the Building Division is funded by "fees based on the project's construction valuation," flat fees and hourly fees, and that "Fees based on construction valuation generate about 70% of Building's revenue."
• Building codes. On November 18, 2025 the City Council adopted Ordinance No. 13-2025, adopting the 2025 California building codes with local amendments.
• Rental housing fee. Owners of rental homes pay a rent review administration fee. The minutes of November 18, 2025 record Resolution No. 2025-54, which set it at "$23.00 per residential rental unit in FY 2025/26."

Three kinds of charges are outside the City schedule and were not read for this guide: school fees of the Fremont Unified School District, water connection charges of the Alameda County Water District and sewer charges of the Union Sanitary District. Ask each agency for its current amounts.

Building Site Rules: Hours and Trees

• Hours near homes. Section 18.160.010: within 500 feet of residences, construction "shall be limited to the weekday hours of 7:00 a.m. to 7:00 p.m. and the Saturday or holiday hours of 9:00 a.m. to 6:00 p.m., while Sunday construction is not allowed."
• Owner-builders. "Resident homeowners and their uncompensated volunteer workers performing construction activity on their own single-family detached home shall be limited to the weekday hours of 7:00 a.m. to 8:00 p.m. and the weekend hours of 8:00 a.m. to 8:00 p.m."
• Notice board. Projects other than additions and alterations to single-family homes must post "an all-weather notice board" with the allowed hours and City contact information.
• Enforcement. Staff "shall have the power to withhold inspections if construction hours are not observed."
• Trees. Section 18.215.050 requires a permit to remove "A tree having a DBH of six inches or more and located on a vacant or underdeveloped lot," or on a developed lot with a contemplated or pending development application. DBH is the trunk diameter at breast height. "A tree having a DBH of 18 inches or more" needs a permit on any lot, and a native tree at 10 inches.
• Tree exemption. A tree on a developed lot of 10,000 square feet or less zoned R-1, "when the tree is behind the forward-most face of the front of the principal building," is exempt, as are fruit and nut trees other than black walnut and olive.

Where City Documents Differ

• Two sets of park fees. The Development Impact Fee report on the City Council agenda of December 9, 2025 lists rates "effective July 1, 2024" of $15,097 for parkland and $17,882 for park facilities on a three-bedroom home. The Master Fee Schedule section effective January 5, 2026 lists $15,062 and $17,841. The capital facilities, fire and traffic fees are the same in both. This page uses the fee schedule, which has the later date. Ask the City which amounts it charges today.
• When the base rate was set. The report says of each fee that "The current base fee rate was established by the City Council on June 1, 2021, and is adjusted annually." The fee schedule heads the same table "Res. 2023-59, 12/12/2023."
• A resolution that was not read. The schedule points readers to Resolution No. 2010-23 at a City web address. The City website answered 403 to a script, so that resolution on deposits was not read.
• Fire zone reference. One zoning section still points to a fire zone section that was replaced in July 2025. See the hill area and historic review page.

Limits of This Page

The code text is the publisher's copy, current through Ordinance 02-2026 of May 5, 2026. The fee amounts come from one document, Attachment 2 to the City Council staff report of November 4, 2025, titled as the Master Fee Schedule, Section II, effective January 5, 2026. City Council agendas were read through October 6, 2026 and show no later fee resolution for development fees, but staff adjust deposits and hourly rates on their own schedule, and several fees rise each January 1 or July 1. The City website answered 403 to a script, so the fee pages, application forms, the building valuation tables in use today and the City's processing time targets were not read. No building permit fee for a specific project is given, and no school, water or sewer charge. Ask the Planning Division and the Building Division for a written fee estimate.

Where to Go Next

Related on VanPlex: the Fremont overview, the California impact fees page and the California permit streamlining page.

Frequently Asked Questions

Official sources (checked October 2026)