Affordable Housing Ordinance

The purpose of the City's Affordable Housing Ordinance (Title 18, Division 1, Part 6, Chapter 18.155, of the City's Municipal Code) is to foster an adequate supply of housing for all persons at all economic levels, thereby ensuring the preservation of an economically balanced community. Please see the following links:
Laguna Commons

Latest 2021 Update

Background Information

In response to the direction given from the Fremont City Council to update the City’s Affordable Housing Ordinance, City staff recently commissioned a Nexus Study to inform the decision-making process. The City retained the services of Keyser Marston Associates (KMA) to prepare the Nexus Study and an accompanying Financial Feasibility Study. KMA also prepared a separate Market Update Memo evaluating market trends during the COVID-19 pandemic. The draft studies, the memo, and a comparison table are available below:

Public Meetings

The City has hosted the following public meetings regarding the update to the Affordable Housing Ordinance:

AHO Virtual Meeting
  • October 29, 2020 - The City hosted a virtual stakeholder meeting to gather input on these documents.
  • December 10, 202 - A public work session was held with the City's Planning Commission.
  • February 2, 2021 - The Fremont City Council heard a presentation on the Affordable Housing Nexus Study and the Financial Feasibility Study and were asked to provide input on several policy questions.
  • July 21, 2021 - The City hosted a virtual stakeholder meeting to present the draft update of the ordinance. A recording of the meeting and the presentation slides are available below:
  • August 26, 2021 - The City presented the draft update of the ordinance to the City's Planning Commission. Proposed revisions to the updated ordinance include:
    • adjusting the affordable housing inclusionary requirement percentages for both for-sale and rental residential developments,
    • increasing the affordable housing “in-lieu” fee levels for single family home and townhome developments to $44 per square foot,
    • maintaining existing affordable housing in-lieu fee levels for rental unit developments, and
    • simplifying and clarifying the ordinance.
The Planning Commission considered the proposed revisions and unanimously recommended their approval by the Fremont City Council, with the following exception: they recommended an affordable housing in-lieu fee of $50 per square foot for single family home and townhome developments.

  • October 12, 2021 - City staff presented the draft ordinance with the Planning Commission's recommendation to the City Council for adoption at their regularly scheduled meeting on Tuesday, October 12. The City Council voted 5-2 to approve the City’s update. The major revisions included in the update and next steps are summarized in this City News article.
  • November 2, 2021 - The City Council approved the City’s update at the second reading of the updated ordinance. The new ordinance will require developers of market-rate housing to contribute to affordable housing by making 15% of the units affordable; by paying an increased “in-lieu” fee that the City can use to subsidize affordable units; or by assisting the City’s affordable housing efforts in some other way, such as via a land donation. The new requirements will take effect on January 2, 2022. The new ordinance and more information will be available on this webpage soon.
If you have questions about the Ordinance update or the virtual meeting, please contact Lucia Hughes, Housing Manager at 510-494-4506 or by email.