Fremont | Three or more homes

Fremont, California Three or More Homes: R-3 Projects, the TOD and Housing Site Overlays, Affordable Housing Rules, the Density Bonus and SB 79

Fremont allows buildings of three or more homes in its R-3 and R-G districts, in mixed-use projects in most commercial districts, and in the Downtown, City Center and Warm Springs districts near BART. Two local rules shape the cost of any such project. The affordable housing chapter starts at two net new homes. And near transit the City sets minimum densities, which the City Council upheld in a 2025 appeal. Since July 2026 the state SB 79 law adds its own minimum heights and densities near rail stops. This page covers each of these. The Fremont overview has the summary.

Ways to Three or More Homes

Sources: Fremont Municipal Code 18.90.050, 18.90.070, 18.90.080, 18.45.020, 18.47.080, 18.49.070, 18.137.060, 18.190.130 and 18.190.007; Gov. Code 65912.157.

The code defines a multiple dwelling as "a dwelling designed to contain three or more dwelling units, including apartments, condominiums, attached townhouses and similar dwellings." The zoning districts page has the density range of each R-3 district. This page starts from the standards a project must meet.

R-3 Site Standards

Table 18.90.050 holds the R-3 standards. The lot, yard and height figures are on the parking, setbacks and height page. The standards below apply to the homes and the site.

• Common open space. "500 square feet for developments up to five units, plus 50 square feet for each additional unit. The minimum dimension of any common open space counting toward this requirement shall be 15 feet." A 12-home project needs 850 square feet (VanPlex arithmetic: 500 plus 7 times 50). It may not sit in a required setback.
• Small sites. "Small development sites of 12 units or less may be exempted from providing common open space when exceeding private open space area standards."
• Private open space. A balcony of "Minimum 60 square feet, the least interior dimension of which is six feet," or a ground-level patio or yard of at least 100 square feet with a least dimension of 10 feet. "Common open space may be substituted for the required private space at a ratio of 2:1."
• Storage. "Each multifamily dwelling unit shall have an enclosed storage closet located within the garage, balcony/patio, or deck area. The storage closet shall have a minimum of 100 cubic feet of storage space."
• Trees. Section 18.90.030: "Tree planting shall be provided at a rate of one large tree for every five units," in planter space at least 10 feet wide.
• Windows. 15 feet between windows of separate units on walls angled 90 degrees or less from each other.
• Walkways. A pedestrian path at least five feet wide must connect the main entrance to the public sidewalk.
• Next to lower density homes. A step back is extra distance for upper floors. Where an R-3 site abuts land with a less dense residential General Plan designation, three-story buildings keep 20 feet from the interior side and rear lines, four-story buildings 30 feet and buildings of five or more stories 60 feet. Height is also "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."
• Lot standards on existing lots. Under Government Code 65913.11, "minimum lot standards shall not apply for existing lots where a small-scale multifamily housing development project is proposed."

Small-Scale Multifamily Projects: Three to Ten Homes

Section 18.190.522, added in December 2023, carries out a state rule on floor area ratio, the building floor area divided by the lot area. "For small-scale multifamily housing development projects comprising three to seven units, a FAR standard that is less than 1.0 shall not be imposed." For "eight to 10 units, a FAR standard that is less than 1.25 shall not be imposed." On a 6,000 square foot lot, a floor area ratio of 1.0 means 6,000 square feet of building floor area (VanPlex arithmetic).

• Which projects. The project must be "located on an existing, legal parcel," in "a multifamily residential zone or a mixed-use zone," and consist "of at least three, but not more than 10, units." ADUs and junior ADUs are left out of the unit count.
• Where it does not apply. In "A single-family zoning district," and in a historic district or on a site listed as a city landmark or historic property.
• What the City keeps. The section does not stop the City "from imposing any zoning or design standards, including, but not limited to, building height and setbacks," as long as they do not conflict with the statute on floor area ratio, lot coverage or lot size.

Design Review for Multifamily Projects

Every project in a residential district needs a design review permit. Section 18.90.050 explains the two kinds: "There are two types of design review permits, ministerial and discretionary. Projects subject to a ministerial design review permit must meet all of the development standards and design rules. Projects subject to a discretionary design review permit must meet all development standards, but the approval authority may allow flexibility when an applicant can demonstrate that the purpose and intent of a development standard or design rule is met through alternate means." Ministerial means staff apply fixed rules with no hearing. Discretionary means a decision after a public hearing.

• Which kind. Section 18.235.020 puts "Multifamily residential projects to the extent consistent with the requirements of the Housing Accountability Act" under discretionary review, "except projects proposed under Cal. Gov't. Code § 65913.4, which are subject to ministerial design review."
• The limit on denial. The same section says no housing project "shall be denied or conditioned in a manner that would reduce the density of the project or render it economically infeasible if the proposed project complies with all applicable, objective general plan, zoning, subdivision, and design review standards," unless the City makes a written health or safety finding.
• Findings. For a multifamily project the design finding is narrow: its "architectural, site, and landscape design will not be detrimental to the public health or safety." The City must also find the project "does not involve the demolition of any residential units unless the project complies with the requirements specified in Cal. Gov't. Code § 66300."
• Who decides. The zoning administrator, unless the project also needs a permit that the Planning Commission decides, such as a tentative tract map. Townhome and condominium projects with a map therefore go to the Commission.
• Mixed-use. For this chapter "multifamily residential" includes "mixed-use projects wherein two-thirds of the project's square footage is devoted to residential use."
• Guidelines. The City applies its multifamily design guidelines "as part of each development's design review permit." Those guidelines were not read for this guide.

The TOD Overlay: Minimum Densities Near Stations

TOD stands for transit-oriented development. Chapter 18.152 says the overlay exists "to create a compact and high intensity mix of residential, office, retail, service and public uses" in areas "generally within one-half mile of existing and planned transit stations." It applies "to commercial, industrial and urban residential parcels designated as such in the general plan," and leaves out planned districts that existed on December 31, 2012 and parcels in the Downtown district.

• Minimum density. Table 18.152.060 sets a net density of 50 homes per net acre (minimum) on City Center and Urban Residential land, and 30 (minimum) on Town Center and General Commercial land. A half-acre Town Center site therefore needs at least 15 homes (VanPlex arithmetic: 0.5 times 30).
• Floor area. Mixed-use projects may reach a floor area ratio of 3.0 on City Center land and 2.5 on Town Center land, with minimums of 1.25 and 0.50.
• Maximum parking. Table 18.152.070 caps multifamily parking at "1 covered, 0.5 uncovered" per unit, and at "1 covered per unit" for the homes in a mixed-use project.
• No minimum parking. A minimum parking requirement "shall not be imposed or enforced if the project is within one-half mile of public transit," following Government Code 65863.2. Bicycle parking is still required.
• Transit passes. For residential projects the owner "is encouraged to provide a pass for unlimited local bus transit service covering a one-month period" to each buyer or tenant.

The City has enforced the minimum. On November 4, 2025 the City Council heard an appeal about "the Use of a Concession Under State Density Bonus Law to Lower an Adopted Minimum Residential Density" for a housing project in the TOD overlay "Adjacent to the BART Station." The minutes record that the Council adopted Resolution No. 2025-49, which "Finds the proposed concession to reduce the required minimum density is inconsistent with and contrary to State law and should be denied," and "Denies the Appeal." The vote was seven ayes and no noes.

The Housing Site Overlay (HESI)

Every California city keeps a list of sites where its housing plan expects homes to be built. Chapter 18.137, added by Ordinance 07-2023, places an overlay on those sites in Fremont. Its purpose is to "Provide optional standards for the development of a wide variety of housing developments, which provide a minimum of 20 percent of all units dedicated to lower income households."

• Uses. "In addition to the uses permitted by the underlying zoning district, permitted uses for the R-3 zoning district may be approved in the HESI overlay through the city's design review process."
• Density. "Permitted density and intensity shall be established by the underlying zoning district or the general plan land use designation, whichever allows for the greater density."
• Staff approval. "Housing development projects that include at least 20 percent of the project's total units as housing affordable to lower income households and do not involve subdivision of land" receive what the chapter calls by right approval. By right approval means no discretionary permit and no review under the state environmental law, with a ministerial design review permit.
• Other projects. A project without the 20 percent share, or with a subdivision, needs a discretionary design review permit.
• Relief from standards. "flexibility and/or relief from the objective standards for the underlying zoning district shall be provided to allow for the maximum base density" stated in the housing plan for that site.

The list of sites is in the City's Housing Element, which was not read for this guide. The March 10, 2026 staff report says the remaining capacity on listed sites "remained over 8,000 units in 2025."

The Affordable Housing Ordinance

Chapter 18.155 is Fremont's inclusionary housing rule, a rule that makes market-rate projects include or pay for affordable homes. It applies to a "residential project," which Section 18.155.020 defines as "any project containing two or more net new living units or residential lots." The definition ends: "The provisions of this section shall be interpreted broadly to effect the purposes of this chapter and to prevent evasion of its terms."

• For-sale projects. Section 18.155.030: "In a for-sale residential project 15 percent of units shall be allocated as follows: At least five percent of all living units shall be made available at an affordable cost to moderate income households. Additionally, at least 10 percent of the units shall be made available as affordable to low income households."
• Rental projects. "at least 10 percent of all living units shall be made available at an affordable cost to low income households." A fraction of 0.5 or more means one more unit. "If the fraction is below 0.5, no additional unit nor fee is required for the fractional unit."
• Fractions in for-sale projects. "the developer may either construct an additional affordable unit or pay an affordable housing fee for the fractional unit."
• What is not counted. ADUs and density bonus units "shall not be counted as part of the for-sale project," and "No affordable housing fee shall be imposed on accessory units and density bonus units."
• The fee alternative. A for-sale applicant "may pay an affordable housing fee to mitigate the impacts of the project in lieu of construction of units affordable to low income and moderate income households on site." A rental applicant has the same choice under Section 18.155.085, and there "The approval authority shall approve the alternative if the alternative conforms to the standards."
• Other alternatives for for-sale projects. Building five percent moderate income homes and paying a reduced fee, providing affordable rental units, building off site, dedicating land, buying and converting existing homes, or preserving affordable homes at risk of loss.
• How long homes stay affordable. "For affordable rental units, the term of the affordable housing agreement shall be for a minimum of 55 years." Ownership units carry restrictions "for a term of a minimum of 45 years."
• Timing. The affordable housing plan is filed with the first approval, and an agreement is recorded "prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first," unless the whole obligation is met by fees.
• Demolished homes. "A residential project that would result in demolition of existing residential units shall not be entitled to a fee credit for the demolished units and new units shall be assessed based upon their full square footage."
• Local preference. Affordable units go first to eligible households who live in Fremont or work there at least 20 hours a week.

Source: City of Fremont, Master Fee Schedule, Section II, Development Fees, effective January 5, 2026, part H.2, Affordable Housing In-Lieu Fees, which cites Resolution No. 2021-76 of December 14, 2021 and Resolution No. 2017-42 of June 20, 2017.

The schedule describes the first line as a "Fee per habitable square foot of market-rate housing in for-sale residential projects in lieu of construction of affordable units on-site." At $44.00, a for-sale project with 6,000 habitable square feet of market-rate homes and no affordable homes on site would owe $264,000 (VanPlex arithmetic: 6,000 times 44). Confirm the fee for a specific project with the Housing Division, since the amount depends on how the City classes the homes.

The Density Bonus

The state density bonus law, Government Code 65915, gives extra homes and relief from standards to projects that include affordable homes. Fremont's Chapter 18.165 carries it out and was last amended by Ordinance 02-2026.

• When to apply. An application "shall be submitted with the first application for approval of a housing development or commercial development and processed concurrently with all other applications."
• Parking. On request the City "shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds" 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.
• Proof. For most concessions the applicant must show "identifiable and actual cost reductions," and for a waiver that the standard "will have the effect of physically precluding the construction of the housing development with the density bonus and incentives requested."
• The mixed-use commercial share. A concession can reduce or waive the commercial component of a mixed-use project.
• In recent projects. Planning Commission agendas of 2026 list density bonus requests on a 24-home project on Dusterberry Way with three affordable homes on site, and on a project of "140 four-story townhome-style condominium units, including 21 on-site affordable units, on a 4.67-acre site" on Warm Springs Boulevard. Twenty-one of 140 homes is 15 percent (VanPlex arithmetic), the share Chapter 18.155 asks of a for-sale project.

SB 79 and the BART Stations

SB 79 is a 2025 state law that makes housing an allowed use near major transit stops and sets minimum heights and densities there. The state Department of Housing and Community Development (HCD) wrote in its advisory of March 20, 2026 that the law's provisions "will take effect on July 1, 2026, in Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara, and San Diego Counties." Fremont is in Alameda County. The advisory's table of rail types puts Bay Area Rapid Transit (BART) under "Heavy Rail," except for the eBART stations at Pittsburg Center and Antioch, and it defines a Tier 1 stop as one "within an urban transit county that is served by heavy rail transit or very high-frequency commuter rail." The Fremont code itself names the "Fremont BART Station," the "Warm Springs/South Fremont BART station" and "the planned Irvington BART station."

Source: Government Code 65912.157, subdivision (a), as amended effective July 16, 2026.

• Which lots. The statute covers "any site zoned for residential, mixed, or commercial development within one-half or one-quarter mile of a transit-oriented development stop." Distance is "measured in a straight line from the nearest edge of the parcel containing the proposed project to a pedestrian access point" of the stop.
• Project size. A project "shall include at least five dwelling units" at "A minimum density of at least 30 dwelling units per acre," or the local minimum if that is greater, and the homes may average no more than "1,750 net habitable square feet."
• Local minimums still count. Because the statute keeps "The minimum density required under local zoning," the TOD overlay minimums of 30 and 50 homes per net acre apply to an SB 79 project on overlay land.
• What it adds in Fremont. The City Center Transit Neighborhood zone already allows 12 stories and 145 feet. The state minimums of 75 and 65 feet are higher than the 30-foot limit on R-1 and R-2 houses, the 35-foot limit in C-O, C-N and C-G, and the 30 to 52 foot limits of the R-3 districts.
• Commuter rail. The advisory lists the Altamont Corridor Express and the Capitol Corridor as commuter rail, and says "Not all commuter rail stops and stations are necessarily TOD stops." The code refers to a Centerville station. Whether it qualifies was not determined for this guide.
• City action. A city may adopt its own ordinance or alternative plan. A search of 77 City Council and Planning Commission agendas from January 7, 2025 to October 6, 2026 found no item that names SB 79.

The law has each regional planning agency map the stops and zones. The Bay Area map was not read for this guide. Check a lot against that map and ask the Planning Division how it handles an SB 79 application.

Replacing Homes and Converting Rentals

• Demolition. Section 18.90.030: a housing development project "shall not demolish any residential units unless it complies with the requirements specified in Cal. Gov't. Code § 66300." HCD's list of affected cities under that section includes Fremont. The replacement rule itself is now in Government Code 66300.6, under which an affected city "shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished."
• Condominium conversions. Section 18.190.060 "applies to residential condominium conversion projects creating three or more units." A conversion needs "a conditional use permit, as provided pursuant to Chapter 18.230, from the planning commission, or upon referral, the city council," and a tentative and final tract map.
• The yearly cap. A Planning Division memo of January 6, 2026 says the ordinance provides a standard allocation of 100 units, a "conversion allocation, or cap, per calendar year." Applications "are only accepted for processing from March 1 to March 15." Its table shows zero applications in each year from 2020 through 2025. For 2026 the unused 2025 allocation was not carried over "because the vacancy rate in January 2026 was 4.8-percent, below the required five percent."
• Affordable housing. A conversion counts as a for-sale residential project under Chapter 18.155.

What Was Approved in 2025

The March 10, 2026 staff report lists seven housing projects with affordable homes that received approval in 2025, with 1,112 homes in total: 202 very low income, 430 low income, 124 moderate income and 356 above moderate income. The largest were Capital Development with 336 homes and Centerville Plaza Apartments with 290. The smallest was Dream 2 Housing with 22 homes, three of them low income. Building permits were issued for 549 new homes in 2025, of which 336 were in one Warm Springs project and 177 were ADUs. The state assigned Fremont 12,897 homes to plan for from 2023 to 2031, and permits through 2025 total 1,490. Because of slow progress on lower income homes, the report says Fremont is subject to the state streamlined approval law, SB 35, "for proposed developments with at least 50-percent affordability." No such application was filed in 2025.

Where the Code and State Law Differ

• Height near stations. Table 18.90.050 lets R-3-70 buildings reach 65 feet within one-half mile of a transit station, with a 100-foot step back from less dense homes. Government Code 65912.157 bars a height limit under 75 feet within one-quarter mile of a Tier 1 stop for a qualifying project. The statute controls for an SB 79 project.
• Density caps. The top R-3 density is 70 homes per net acre. The statute bars a maximum density under 120 or 100 homes per acre near a Tier 1 stop.
• Hearings. Section 18.235.020 puts multifamily projects under discretionary design review "to the extent consistent with the requirements of the Housing Accountability Act." A project that meets every objective standard cannot be denied or reduced in density on design grounds.
• An old statute number. Sections 18.90.030 and 18.235.060 cite Government Code 66300 for the rule on replacing demolished homes. The Legislature moved that rule to Section 66300.6. The code citations carry the words "as may be amended."
• Mixed-use in C-G. The use table permits homes in a C-G mixed-use project. The standards table says "no mixed-use permitted" on the C-G floor area ratio line. See the zoning districts 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 Housing Element and its site list, the zoning map, the TOD overlay map, the multifamily design guidelines, the community plans for Downtown, City Center and Warm Springs, and the City's affordable housing forms were not read. The in-lieu fees come from the fee schedule attached to the City Council agenda of November 4, 2025; the schedule dates the residential rates to resolutions of 2017 and 2021, and a later change would not appear here. The regional SB 79 map was not read. The outcomes of the 2026 Planning Commission hearings named above were not read. Ask the Planning Division and the Housing Division for the rules and fees that apply to your site.

Where to Go Next

Related on VanPlex: the Fremont overview, the California SB 79 page and the California duplex to fourplex page.

Frequently Asked Questions

Official sources (checked October 2026)