Senate Bill (SB) 9 (Atkins), the California Housing Opportunity and More Efficiency (HOME) Act, was signed into law by Governor Newsom on September 16, 2021, and went into effect in 2022. The law overrides existing density limits in single-family zones and is intended to support increased supply of starter, modestly priced homes by encouraging building of smaller houses on single-family lots. Projects that meet SB 9 requirements are exempt from the California Environmental Quality Act (CEQA) provisions. In addition, SB 9 waives any discretionary review and public hearings for: 

• Building up to two primary dwellings, referred to as a “Two Unit Development,” on a single-family zoned parcel; and

• Subdividing a single-family zoned parcel into two lots, typically referred to as an “Urban Lot Split."

On December 5, 2023, the Fremont City Council adopted Ordinance 07-2023, establishing local regulations for Two Unit Developments and Urban Lot Splits. The new regulations went into effect on January 4, 2024, and are codified in Fremont Municipal Code (FMC) §18.190.007.

Benefits

• Addresses the state’s housing crisis by streamlining the process for property owners to add additional units to their single-family residentially zoned properties.

• Gives property owners the opportunity to provide additional rental and ownership options in the community without compromising historic districts and the environmental quality and appearance of neighborhoods.

• Protects existing tenants from displacement.

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Activities Allowed

Generally, SB 9 allows for the following development activities:

• Two Unit Housing Development. A Two Unit Development is defined as the development of two housing units on an eligible single-family residential parcel. This could include adding two new housing units on a vacant parcel or adding one new housing unit to a parcel with an existing housing unit. If no Urban Lot Split is proposed, a maximum of four units are allowed on the parcel, including two main units, one accessory dwelling unit (ADU), and one junior accessory dwelling unit (JADU).

AND/OR

• Urban Lot Split. An Urban Lot Split is defined as a one-time subdivision of an existing single-family residential parcel into two parcels.

Informational Handout

The City's informational handout is designed to help explain SB 9 and the City’s requirements. Please note, the Fremont Municipal Code and State law will take precedence over the handout in any case of conflicting information.

SB 9 Informational Handout

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More Information

For questions about SB 9, contact the Planning Division by email or call the Zoning Line at 510-494-4455.

To receive the City's latest updates on SB 9, sign up for the City's SB 9 Interest List.