1 DRAFT
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 18.47 (DOWNTO WN
DISTRICT) TO ALLOW FOUR CURB CUTS ON THE
NORTHWEST SIDE OF CAPITOL AVENUE BETWEEN STATE
STREET AND FREMONT BOULEVARD (PLN2022-00260)
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS
FOLLOWS:
SECTION 1. FMC SECTION 18.47.080 AMENDED
Fremont Municipal Code Table 18.47.080 is amended to read as follows (with text in double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect:
Table 18.47.080
Required Site Development Standards for D District Place-Type Zones
Required Site Development
Standards D-CA D-MD D-E D-CC
Intensity/Density
Commercial: Minimum FAR 0.80 0.80 0.80 0.80
Residential: Minimum du/ac 50 50 50 Not applicable
Building Height
Minimum ground floor
commercial height, ground
floor to 2nd floor
16' 16' 16' 16'
Minimum
building
height,
sidewalk to
top of parapet
Feet or
stories
22' 22' No minimum 22'
2 2 2 2
Maximum building height
(see Section 18.190.030 for
height increases)
8-story 8-story 8-story 12-story city
admin. bldgs./
8-story other
Minimum ground-level
commercial, depth
60' from
Capitol
Avenue
30' from street
wall frontage
30' from street
wall frontage
Not applicable
2 Required Site Development
Standards D-CA D-MD D-E D-CC
Building Setbacks
Front yard: Minimum 0' 0' 0' – 15'
maximum (15'
– 45' okay in
drop-off areas
only)
0'
Side and rear yard:
Minimum
0' 0' 0' 0'
Side street (wall): Minimum 0' – 10'
maximum
0' – 10'
maximum
0' – 15'
maximum
0'
See DCP Chapter 4 for further requirements
Street Wall Frontage
Principal street: Minimum 75% 50% 75% 75% along
Capitol
Avenue
Secondary street: Minimum 75% 50% 50% 50%
Parking and Circulation
Below-grade parking setback None None None None
At-grade parking setback 50' minimum
from Capitol
Avenue; 10'
from shared lot
line,
landscaped and
screened
5' minimum
from street; 10'
minimum side
and rear,
landscaped and
screened
15' minimum
front yard; 10'
minimum side
and rear
No parking
along Capitol
Avenue; 5'
minimum from
New Middle
Road,
landscaped and
screened
Parking access lanes/curb cuts or drop-off lanes are not permitted along Capitol Avenue frontage except as shown in DCP Exhibit
3.17a. Consistent with DCP Exhibit 3.17a, the northernmost permitted driveway shall be closed when the 39025-39051 State Street building is demolished or substantially remodeled.
Parking only allowed behind buildings.
See DCP Sections 2.3, Parking Plan, and 4.4, Development Guidelines, for additional parking requirements.
Above-grade parking setback 15' minimum
from Capitol
Avenue;
parking only
allowed behind
buildings
5' minimum
from street;
landscaped and
screened
30' minimum
from street
wall; no
setbacks from
side and rear
5' minimum
from street,
landscaped and
screened
3 SECTION 2. CEQA
The City Council finds that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162. The Community Development Director is directed to file a Notice of Determination with the Alameda County Clerk’s office within five working days of the date of adoption of this ordinance.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
* * *
4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on May 3, 2022 and finally adopted at a regular meeting of the City Council held on May __, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney