Commercial Real Estate in Fairview: What the Specific Plan Allows and How to Check a Parcel

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Fairview is a semi-rural, unincorporated hillside community in the hills above Hayward, and it has almost no commercial land. The neighborhood market at East Avenue and Windfeldt Road is the main retail use, and the area’s specific plan deliberately keeps it that way. Most business activity here takes the form of home occupations, small institutional uses or rural uses on large lots. Any commercial plan starts with confirming the parcel’s zoning under the Fairview Specific Plan with Alameda County Planning.

Who controls the parcel

Fairview is not a city. Alameda County Planning regulates land use under the Fairview Specific Plan, which the Board of Supervisors adopted on June 3, 2021. It replaced a 1997 plan, which itself updated the original 1980 plan. The plan covers about 1,800 acres north and east of Hayward and south of Castro Valley, and nearly all of it lies inside the Measure D urban growth boundary.

Other agencies matter too:

Fairview Municipal Advisory Council. A five-member council created by the Board of Supervisors in 2017 reviews development applications and advises the county. It does not make final decisions.
Fire service. The Fairview Fire Protection District, formed in 1938, has no staff of its own. Since 1993 it has contracted with the Hayward Fire Department for fire and emergency services.
City of Hayward. LAFCo reports that most of the district lies within Hayward’s sphere of influence, so annexation questions can come up on edge parcels.

A "Hayward" mailing address does not mean a parcel is inside the city. Check the county’s zoning map before relying on city rules.

Fairview zoning for commercial and business use

The specific plan keeps the county’s base zoning but adds Fairview-specific standards.

Designation or district	Intended uses	Notes
Commercial (specific plan designation)	Neighborhood retail and services	Applies to only two parcels. Maximum FAR 1.0. Residential use is discouraged
C-N Neighborhood Business (county district)	Convenience shopping: groceries, drugstores, banks, restaurants, offices	35 ft. Alcohol outlets, drive-ins and Type A service stations need a CUP
R-1 and R-1-B-E (about 88% of parcels)	Single-family homes	Home occupations only. Lot minimums from 5,000 square feet to 5 acres
RS Suburban Residential	Townhomes and apartments on developed sites	No commercial uses
A Agriculture (about seven parcels)	Agriculture and open space	Preserved as open space under the plan
"L" Limited overlay	Horses, livestock and other animals on some R-1 lots	Rural use, not commercial

The table shows what the plan allows in general. To confirm a parcel’s actual zoning, check the county’s 2019 Fairview zoning map, which is linked from the specific plan update page.

The no-expansion policy and what business uses remain

Commercial stays where it is. Policy LU-1.7 keeps commercial zoning at its existing locations and rules out expanding it. Rezoning a residential lot for retail or office would run against the adopted plan, so the realistic commercial opportunities are the existing commercial parcels themselves.

Home occupations. The plan allows home businesses that do not disturb neighbors and that hold any required licenses and permits. It adds that county rules generally exclude customer traffic, added parking, outdoor storage and employees who do not live on site.

Institutional and care uses. The plan allows schools, churches and similar institutions up to 75 feet tall, with larger setbacks. Residential care facilities for six or fewer people are permitted by right. Facilities for seven or more typically need a conditional use permit and are generally spaced at least 300 feet from similar facilities.

Rural uses. On larger lots, the plan describes vineyards and pasture in Rural Residential areas, and the "L" overlay allows animal keeping. Buyers within 2,000 feet of an agricultural operation get notice of possible noise, odor and dust. We did not find plan language allowing wineries, stables or nurseries as commercial uses, so ask the county about any such use before you buy.

Site rules that shape any Fairview project

Height. The base limit is two stories or 25 feet, whichever is greater. Pitched roofs can reach 30 feet if the part above 25 feet is set back at least 15 feet from the lot line.
Slopes. Development should avoid slopes of 30% or more. The plan also leaves those slopes out of developable site area.
Site Development Review. Under C-N rules, any building or construction of 1,000 square feet or more needs county site development review. In residential areas, an addition that grows a building’s floor area by more than 50% triggers the same review.
Fire sprinklers. In a February 2026 county staff report on a Fairview Avenue addition, Hayward Fire noted that its rules require sprinklers when a residential addition grows floor area by 50%.
Sewer gaps. The plan notes that some properties lack sanitary sewer, which limits intensity on those lots.

Transfer tax, business tax and property tax

Fairview has no city transfer tax. The Alameda County Clerk-Recorder charges only the county documentary transfer tax of $0.55 per $500 of value, excluding liens that remain. By contrast, a parcel just inside Hayward also pays Hayward’s $8.50 per $1,000. Under Proposition 13, a sale generally triggers reassessment at the purchase price. We did not verify a county business license tax for unincorporated Fairview.

Due diligence that matters in Fairview

Begin with our commercial due diligence checklist, then:

Confirm the parcel is unincorporated and check its zoning on the county’s Fairview zoning map.
If it is one of the commercial parcels, get any use permits, especially for alcohol sales.
Measure slopes and developable area before planning any building or addition.
Confirm sewer service, or septic capacity, with the county.
Plan for a Fairview MAC review and its public hearing timeline.
Ask Hayward Fire about access, sprinkler and wildfire requirements.

Questions people ask

Can I rezone a Fairview lot for commercial use?

The specific plan’s Policy LU-1.7 rules out expanding commercial zoning beyond the existing locations, so a rezoning would go against adopted policy.

How much commercial land is in Fairview?

The plan designates two parcels as Commercial, with a maximum floor area ratio of 1.0.

Can I run a business from my Fairview home?

Yes, as a home occupation that does not create neighborhood nuisances. County rules generally exclude customer traffic, outside employees and outdoor storage.

Who reviews projects in Fairview?

Alameda County Planning decides. The Fairview Municipal Advisory Council reviews applications and advises the county.

Is there a city transfer tax in Fairview?

No. Only the county tax of $0.55 per $500 applies, unlike in neighboring Hayward.

Who provides fire service?

The Fairview Fire Protection District, through a contract with the Hayward Fire Department that began in 1993.

Does Diamond handle commercial property in Fairview?

Contact Matthew Martinez to discuss buying, selling or leasing commercial property in Fairview.

Sources & notes

Note: The plan does not list the addresses of its two commercial parcels. Confirm any parcel’s zoning with the county’s map.

This page is general information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

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