Multifamily and Duplex Properties for Sale in Fairview: Zoning and Rent Rules
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What multifamily in Fairview looks like
Fairview is a hillside community of mostly single-family homes in unincorporated Alameda County, above Hayward. Multifamily housing is rare. The Fairview Specific Plan counts about 33 parcels with Suburban Residential (RS) base zoning, among them apartment complexes near San Felipe Park, plus townhome developments. For most investors, the realistic paths are a single-family home with an ADU and JADU, an existing townhome or small apartment property on RS land, or the occasional duplex. For a two- to four-unit purchase, see financing 2-4 unit properties. For a larger complex, see apartment building loans.
Where the zoning allows it
The specific plan, adopted June 3, 2021, keeps the existing zoning and adds Fairview-specific standards. The state CEQA record says the plan does not raise buildout capacity. It studied up to 300 more homes through 2040.
| Zoning or designation | Units allowed | Notes |
|---|---|---|
| RS-2.5 / RS-3 Suburban Residential | One unit per 2,500 sq ft of lot area in RS-2.5 | Some RS parcels also carry a B-E combining district requiring 10,000 sq ft per unit, which effectively rules out more units |
| Moderate Density Residential | 18–22 units per net acre | Mapped only on already-developed townhome and apartment sites |
| R-1 (5,000 sq ft minimum) | One home, plus ADU and JADU | Low Density areas run 7.2–8.7 units per net acre |
| R-1-B-E-6,000 to -20,000 | One home per 6,000 to 20,000 sq ft of developable area | Very Low Density areas run 2.2–4.3 units per net acre |
| R-1-B-E-1 acre / -5 acre | One home per 1 or 5 acres | Rural Residential |
| PD Planned Development (about 11% of parcels) | Set by each PD | Clustered subdivisions with HOA open space |
Developable area. Lot area per unit counts only developable land. Slopes over 30%, street and access easements, creek setbacks and riparian zones, and unserviceable land are all left out. New lots must also match the prevailing lot size within roughly 500 feet. On a sloped Fairview lot, the unit count is often lower than the zoning label suggests.
ADUs. County Chapter 17.55 allows one JADU on a single-family lot, plus one ADU by new construction and one by conversion. A new detached ADU can be up to 850 square feet, or 1,200 with two or more bedrooms. ADUs must rent for more than 30 days, and a JADU that shares sanitation with the main home requires an owner on site. The specific plan adds two Fairview conditions:
- The transit parking exemption applies only within half a mile of 2nd Street bus stops.
- On lots without public water and sewer, new habitable space needs a finding that the well, septic system and emergency access can support both homes.
See our ADU investment guide.
SB 9. SB 9 can apply to single-family-zoned lots, subject to state exclusions such as certain fire hazard and hillside conditions. We did not verify how the county applies it in Fairview, so confirm eligibility with county planning. See our SB 9 lot split guide.
Rent rules: state cap plus county just cause
Fairview has no local apartment rent cap. Covered units follow the statewide cap, which the Attorney General sets for Alameda County, part of its San Francisco Area region. The cap is 6.3% for increases from August 1, 2025, and 8.8% for increases from August 1, 2026 through July 31, 2027. See our AB 1482 guide.
Eviction rules are stricter than state law. The county’s Just Cause for Eviction ordinance, Chapter 3.70, passed on February 4, 2025. The county’s tenant protections page says it took effect March 6 and covers all unincorporated areas, Fairview included. Its main terms:
- Single-family rentals. Covered when the landlord owns five or more rental units in the unincorporated county.
- Relocation. Two months’ rent for a no-fault eviction, capped at $10,000 per household.
- Longer notice. 90 days for a no-fault eviction where the household includes a child, a senior 62 or older, a person with a disability or a lower-income member.
- Right to return. Tenants displaced for an owner move-in or substantial remodel get first right of return.
- Filing. A copy of every termination notice goes to the Community Development Agency within three days of service. If it is not filed, the tenant can use that as a defense in court.
Our just cause eviction guide covers the general framework.
Fairview rental property rules
Mobile homes. Under the county’s space rent stabilization ordinance, updated April 11, 2017 and amended in 2024, space rent increases in unincorporated mobile home parks are limited to 4% a year in most cases.
Short stays. County ADU rules bar ADU rentals of 30 days or less. We did not verify a separate county short-term rental permit for Fairview.
Care homes. Residential care facilities for six or fewer residents are permitted by right. Larger facilities typically need a use permit and should sit at least 300 feet from similar facilities.
Hillside, sewer and fire issues
- Slopes. The specific plan steers buildings away from slopes of 30% or more. It calls for stepped massing on hillside lots, where average slope exceeds 10%.
- Sewer. The plan notes that some Fairview properties lack sanitary sewer. On those lots, septic approval from county environmental health is needed for an ADU.
- Fire. The plan cites high fire hazards and steep terrain. Fire service comes from the Fairview Fire Protection District through a contract with Hayward Fire. A 2026 county staff report records Hayward Fire calling for sprinklers when an addition grows a home’s floor area by 50%.
- Older stock. Many Fairview homes date from the 1950s and 1960s. Apartment buildings of three or more units with elevated balconies need SB 721 inspections, and older wood-frame buildings warrant a seismic retrofit review.
Underwriting a Fairview multifamily purchase
- Confirm the parcel is unincorporated and check its zoning, including any B-E or PD designation, on the county’s Fairview zoning map.
- Calculate units from developable area, leaving out slopes over 30% and creek setbacks.
- Confirm sewer service or septic capacity before counting on an ADU.
- Classify tenancies under AB 1482 and Chapter 3.70, and get copies of any notices filed with the county.
- Collect leases, the rent roll and statements, and get estoppel certificates.
- Model reassessed property tax and the county transfer tax of $0.55 per $500 in your rental property analysis. Fairview has no city transfer tax.
Questions people ask
Is there rent control in Fairview?
No local apartment rent cap. The state cap applies, along with the county’s just cause ordinance and its 4% mobile home space rent limit.
Can I build apartments in Fairview?
Only where zoning allows it, mainly RS-2.5 parcels at one unit per 2,500 square feet. The specific plan does not add new multifamily capacity.
How many units can I add to a single-family lot?
Under county rules, one JADU plus one new-construction ADU and one conversion ADU, subject to septic and access findings where there is no public sewer.
Does the county just cause ordinance cover my rental house?
It does if you own five or more rental units in unincorporated Alameda County.
What relocation do I owe for a no-fault eviction?
Two months’ rent, capped at $10,000 per household under Chapter 3.70.
Who approves projects in Fairview?
Alameda County Planning. The Fairview Municipal Advisory Council reviews applications and advises the county.
Sources & notes
- Fairview Specific Plan, adopted June 3, 2021
- CEQAnet, Fairview Specific Plan Update (SCH 2020050392)
- Alameda County Code Chapter 17.55, ADUs and JADUs (GoCodebook)
- Just Cause Eviction ordinance (Ch. 3.70), Feb. 4, 2025 Board item
- Alameda County HCD, Tenant Protections and Mobile Homes
- California Attorney General, Rent Caps
- Alameda LAFCo, Fairview Fire Protection District review
- West County BZA staff report, PLN2025-00195 (Feb. 2026)
General information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.
Related: Fairview real estate guide · Commercial real estate in Fairview · Multifamily investing guide · Investor services