SB9 in Fremont

Fremont earns a B grade for SB9 implementation, indicating a moderately favorable environment for investors interested in infill development under this law. The city demonstrates a growing willingness to approve SB9 projects, but approvals remain limited relative to applications. Investors can expect a market with some opportunity, though not without hurdles or delays.

Fremont’s SB9 ordinance is standard and consistent with typical Bay Area implementations. It allows for lot splits and two-unit developments on qualifying parcels without additional discretionary review. The ordinance maintains standard setback requirements and does not impose unusually restrictive design standards or parking mandates beyond state minimums. There are no unique local restrictions that significantly limit SB9 feasibility.

Fremont’s SB9 activity has steadily increased since 2022, reflecting growing awareness and utilization of the law by property owners and developers. The initial years saw a low approval rate, with only one approval out of five applications in 2022 and one out of seven in 2023. This cautious pace likely reflects early administrative learning curves and conservative staff review processes. In 2024, applications more than doubled to 17, with approvals tripling to three, signaling improved city processing efficiency and developer confidence. The small sample in 2025 shows continued approval activity with one approval from two applications. Fremont has not faced any charter city litigation or legal challenges that would suppress SB9 activity. The city’s approach remains consistent, with no major ordinance changes or enforcement actions affecting SB9 implementation.

There is no record of any enforcement action by the California Department of Housing and Community Development against Fremont related to SB9 compliance.

Fremont is a solid wait-and-see market for SB9 investment. The city’s growing application and approval numbers indicate increasing administrative capacity and developer interest, but the overall approval rate remains below 20 percent. Investors should anticipate some delays and potential hurdles in securing SB9 approvals, but the city’s standard ordinance and absence of enforcement issues make it a viable option for those willing to navigate moderate procedural challenges. Fremont is not a high-volume SB9 market yet, but it is trending upward and worth monitoring for future opportunities. For the grading methodology, see the SB9 City Guide post.