Chapter 18.137

(HESI) HOUSING ELEMENT SITES INVENTORY OVERLAY

Sections:

18.137.010 Purpose.

18.137.020 Defnitions.

18.137.030 Assurance of afordability.

18.137.040 Permitted uses.

18.137.050 Objective standards.

18.137.060 Permits required.

18.137.070 Permitted density and intensity.

18.137.080 Relationship with state density bonus law and other state laws.

The purpose of the housing element sites inventory (HESI) overlay is to:

(a) Implement the goals and policies of the general plan housing element and provide the opportunity and means for Fremont to meet its regional fair share allotment of affordable units.

(b) 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. (Ord. 07-2023 § 24, 12-5-23.)

(a) “Affordable housing” shall mean housing capable of being purchased or rented by “very low,” “low,” or “moderate” income households at an “affordable ownership cost” or “affordable rent,” as those terms are defined in Chapter 18.155, Affordable Housing.

(b) “By right approval” shall mean that the city’s review of a housing development, which meets the provisions of this chapter, shall not require a discretionary design review permit, zoning administrator permit, conditional use permit, or other discretionary review or approval that would constitute a “project” for purposes of Cal. Pub. Res. Code Division 13 (commencing with § 21000).

(c) “Housing element sites inventory (HESI) overlay” shall mean a zoning overlay for sites that meet the qualifying factors stated in Cal. Gov’t. Code § 65583.2(c), as may be amended. The HESI overlay encourages the provision of affordable housing units as described in this chapter.

(d) “Lower income households” means the same as the term is defined in the California Health and Safety Code. (Ord. 07-2023 § 24, 12-5-23.)

Affordable housing units developed under this chapter shall comply with the provisions specified in Chapter 18.155, Affordable Housing. (Ord. 07-2023 § 24, 12-5-23.)

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. (Ord. 07-2023 § 24, 12-5-23.)

(a) Housing development projects shall be subject to the objective standards for the underlying zoning district.

(b) In the absence of any specific design, development, or subdivision standard, objective standards of the most comparable, conventional zoning district (e.g., R-3; MX) and most consistent with the underlying general plan designation shall be utilized.

(c) Notwithstanding subsections (a) and (b) of this section, flexibility and/or relief from the objective standards for the underlying zoning district shall be provided to allow for the maximum base density (i.e., excluding density bonus units) stated in the housing element for the respective housing element inventory site. (Ord. 07-2023 § 24, 12-5-23.)

(a) Ministerial Design Review Permit. 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 shall receive “by right approval,” as the term is defined in this chapter. By right approval is subject to ministerial design review permit, pursuant to Chapter 18.235, Design Review Permits.

(b) Discretionary Design Review Permit. Housing development projects that do not include at least 20 percent of the project’s total units as housing affordable to lower income households or involve subdivision of land shall be subject to a discretionary design review permit, pursuant to Chapter 18.235, Design Review Permits. The application for a discretionary design review permit shall be processed concurrently with any other required application for a discretionary permit. (Ord. 07-2023 § 24, 12-5-23.)

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. (Ord. 07-2023 § 24, 12-5-23.)

(a) The HESI overlay allows a density increase for affordable housing developments as permitted by Cal. Gov’t. Code § 65915 et. seq.

(b) In the event of any inconsistency or discrepancy between this chapter and state law, state law shall govern. (Ord. 07-2023 § 24, 12-5-23.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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