Fremont, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Base bonus
- 20% for 10% lower-income or 5% very-low-income units
- Maximum bonus
- 50% of base zoning density
- Senior housing bonus
- 20% for qualifying senior developments
- Foster youth/veteran/homeless bonus
- 20% with 55-year affordability restriction
- Governing chapter
- Fremont Municipal Code Chapter 18.165
- Transit height bonus
- Up to 3 stories/33 feet near major transit stop
Summary
Fremont grants developers a density bonus of up to 50 percent above the base zoning density when a housing project sets aside affordable units. A 20 percent bonus applies for reserving 10 percent of units for lower-income households, 5 percent for very low income, or building senior housing, per Municipal Code Chapter 18.165.
Subject to the findings included in Section 18.165.090, the city shall grant a 20 percent density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following and any additional replacement housing units required by subsection (d) of this section: (1) Ten percent of the total units of the housing development as target units affordable to lower income households; or (2) Five percent of the total units of the housing development as target units affordable to very low income households; or (3) A senior citizen housing development. The density bonus for a senior citizen housing development is limited to 20 percent of the number of senior housing units. ... Regardless of the number of target units, no housing development may be entitled to a density bonus of more than 50 percent.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
030(a)). 030(c)). 030(g), (k)). 030(i)). 030(h)). 030(d) before any bonus, concession, or parking waiver applies. 090, and the chapter is written to track Cal. Gov't Code Section 65915 as amended.
Violations & Fines
Building beyond the base zoning density without an approved density bonus application constitutes unpermitted construction, subject to the city's standard municipal code enforcement under Chapter 1.15, including misdemeanor or infraction charges and correction orders from the planning division. Misrepresenting affordability restrictions to obtain a bonus can result in revocation of approvals tied to Section 18.165.030(d)'s replacement-housing findings.
Frequently Asked Questions
How much of a density bonus can a Fremont developer get?
What affordability level triggers Fremont's minimum density bonus?
Can a Fremont project combine bonuses for different income tiers?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in Alameda County handle density bonus law.