Agenda packet, regular meeting — Fremont City Council, November 14, 2023 (part 1 of 2)

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director

Fremont City Council Agenda and
Report
November 14, 2023

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - November 14, 2023

November 14, 2023 Fremont City Council Agenda Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending November 14, 2023 Council meeting online via Zoom https://us06web.zoom.us/j/81292066520
Webinar ID: 812 9206 6520.

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

Your interest in the conduct of our City’s business is appreciated.

November 14, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
November 14, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. APPROVAL OF MINUTES – for the Special Meeting of September 25, 2023, and the Special and Regular Meetings of October 10, 2023 Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. WINTER RELIEF PROGRAM AGREEMENTS - Authorize the City Manager or their Designee to Execute FY 2023/24 Standard Service Agreements with Motels for Temporary Use of Hotel Rooms as Winter Relief Shelter, and Abode Services for Support Services; Appropriate Additional Funding; and Making Findings of CEQA Exemption.

Contact Persons:

Name: Suzanne Shenfil Laurie Flores
Title: Director Homeless Services Manager
Dept: Human Services Department City Manager's Office
Phone: 510-574-2051 510-574-2040
E-Mail: [email protected] [email protected]

November 14, 2023 Fremont City Council Agenda Page 4
RECOMMENDATIONS:

1. Authorize the City Manager to execute FY 2023/24 Standard Service Agreements with hotel partners, including K B & Son, Inc. (Days Inn) in the amount of $384,000, C & L, LLC (Mission Peak Lodge) in the amount of $162,000, and Fremont North, LLC, Motel 6 Fremont North in the amount of $263,000, and for temporary use of hotel rooms as non-congregate winter relief shelter.

2. Authorize the City Manager to execute a Standard Service Agreement with Abode Services in an amount not to exceed $602,968 to provide supportive services for the Winter Relief and Safe Parking programs.

3. Appropriate an additional $439,250 in the Housing and Homeless Fund (Fund 112) for the expansion of the Winter Relief program; and

4. Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

D. FIVE-YEAR LICENSE AGREEMENT WITH WASHINGTON TOWNSHIP

MUSEUM OF LOCAL HISTORY FOR USE OF RANCHO HIGUERA
HISTORICAL PARK - Authorize the City Manager or her Designee to execute a five-year license agreement, with two five-year renewal options, with Washington Township Museum of Local History, for use of Rancho Higuera Historical Park & Adobe, and find this action is exempt from CEQA review.

Contact Persons:

Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute a license agreement with the Washington Township Museum of Local History for use of Rancho Higuera Historical Park & Adobe for a 5-year period through 2028, with the option to renew for 2 additional 5-year periods that could extend the agreement through 2038.

2. Find the license agreement is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061, 15183, and 15378.

E. POLICE DEPARTMENT VEHICLE EVIDENCE STORAGE WAREHOUSE - Approval of Plans and Specifications; Award of Contract to Calstate Construction, Inc. in the amount of $2,841,055.00 (including 10% Contingency) for the Police Department Vehicle Storage Warehouse Project (PWC8935); Funding Reallocation/Appropriation Action; and Make Findings of CEQA Exemption
Contact Persons:

Name: Martha Martinez Hans Larsen
Title: Facilities Project Manager Public Works Director Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Police Department Vehicle Storage Warehouse Project (PWC 8935-501):

1. Find the project exempt from environmental review per CEQA Guideline November 14, 2023 Fremont City Council Agenda Page 5
Section 15303 (New Construction or Conversion of Small Structures), Section 15311 (Accessory Structures), Section 15332 (In-Fill Development Projects), and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

2. Approve Plans and Specifications for this Project.

3. Accept bid and award the construction contract to Calstate Construction, Inc. in the amount of $2,582,777 and allocate a 10% contingency in the amount of $258,278 for a total construction contract amount of $2,841,055 and authorize the City Manager or designee to execute the contract.

4. Reallocate $525,000 from the EV Charging for City Fleet Electrification Project (PWC 9094-501) to the Police Department Vehicle Storage Warehouse Project.

F. AMENDMENT TO FACILITIES MAINTENANCE AGREEMENT FOR
PLAYGROUND MAINTENANCE AND SAFETY RESURFACING - Authorize the City Manager or her Designee to Execute the First Amendment to Facilities Maintenance Agreement for Playground Maintenance and Safety Resurfacing with SpectraTurf, Inc.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager or her designee to execute the first amendment to the Facilities Service Agreement with SpectraTurf, Inc., increasing the not to exceed amount of the contract by $279,885.75 to $1,171,229.80.

2. Find that the agreement for repairs and maintenance to existing park facilities is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301.

G. AWARD A CONSTRUCTION CONTRACT FOR THE CENTRAL PARK
PICKLEBALL COURT PROJECT (PWC9067) – Approve the Plans and Specifications for the Central Park Pickleball Court Project; Reallocate $150,000 from PWC 8501 to the project, and Award a Contract to Silicon Valley Paving, Inc. for the Base Bid amount of $378,184, plus Alternate #1 - Four Additional Pickleball Courts at Lower Courts for $96,047; Alternate #2 – Install Court Furnishings for $54,175; and, Alternate #3 – Electrical Conduit and Pullboxes for $24,900; plus a 15% Construction Contingency Amount of $82,995.90, for a Total Construction Contract Amount of $636,301.90; reallocate funds; and find that, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), the project is exempt from review under the California Environmental Quality Act (CEQA).

Contact Persons:

Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape
Architect
Community Services Director
Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]

November 14, 2023 Fremont City Council Agenda Page 6
RECOMMENDATIONS:

1. Approve the Plans and Specifications for the Central Park Pickleball Project (PWC 9067).

2. Accept the Base Bid and Alternates 1, 2 and 3; Award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Silicon Valley Paving, Inc. in the amount of $553,306, plus a 15% construction contingency amount of $82,995.90 for a total construction contract amount of $636,301.90.

3. Authorize the reallocation of $150,000 from Capital Replacement for Parks (PWC 8501-501) to Pickleball Court Conversion Throughout Parks (PWC 9067- 501).

4. Find the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).

H. AWARD A CONSTRUCTION CONTRACT FOR THE VALLEJO MILL

HISTORICAL PARK PICKLEBALL COURTS AND DOG PARK PROJECT
(PWC9090) – Approve the Plans and Specifications for the Vallejo Mill Historical Park Pickleball Courts and Dog Park Project, PWC9090; Award a Contract to Guerra Construction Group for the Base Bid amount of $1,918,288, plus Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd.) for $116,005; plus a 15% Construction Contingency Amount of $305,143.95, for a Total Construction Contract Amount of $2,339,436.95; Reallocate $693,233 from PWC 8101-540, $500,000 from PWC 8501-501, $214,000 from PWC 8671-540, and $200,000 from PWC 8671-541 to the project; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).

Contact Persons:

RECOMMENDATIONS:

1. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) as the replacement or reconstruction of an existing facility, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), and approve a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines.

2. Approve the Plans and Specifications for the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).

3. Accept the Base Bid and Alternate 1; award a construction contract; and authorize the City Manager or her designee to execute all construction related agreements with the lowest responsive and responsible bidder, Guerra Construction Group, in the amount of $2,034,293, plus a 15% construction contingency amount of $305,143.95, for a total construction contract amount November 14, 2023 Fremont City Council Agenda Page 7
of $2,339,436.95.

4. Reallocate $693,233 from the CIP Cost and Scope Contingency (PWC 8101- 540), $500,000 from the Capital Replacement for Parks project (PWC 8501- 501), $214,000 from the Security for Parks project (PWC 8671-540) and $200,000 from the Security for Parks project (PWC 8671-541) to the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).

I. SERVICE AGREEMENT FOR FIREFIGHTER MEDICAL EXAMS – Award the Contract to Life Scan Wellness Centers and Authorize the City Manager to Issue a Service Agreement for Firefighter Medical Examinations in an Amount Not to Exceed $750,000.

Contact Persons:

Name: Donna Do Heather Mozdean
Title: Management Analyst II Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

RECOMMENDATION: That the City Council:

1. Find the action is exempt from CEQA review,

2. Award the Contract to Life Scan Wellness Centers, and

3. Authorize the City Manager, or designee, to execute a five-year Service Agreement for Firefighter Medical Examinations in an amount not to exceed $150,000 annually for a total contract amount not to exceed $750,000.

3. Ceremonial Items
A. Proclamation: United Against Hate Week
B. Proclamation: Transgender Day of Remembrance

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM

CONSENT CALENDAR

November 14, 2023 Fremont City Council Agenda Page 8

5. Scheduled Items
A. 2023 CODE UPDATES - HOUSING ELEMENT PROGRAM IMPLEMENTATION - CITYWIDE (PLN2023-00213) - Public Hearing (Published Notice; Display Ad) to consider text amendments to various chapters of Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning), as well as a resolution amending the City’s various design guidelines to include, confirm, and/or clarify objective standards for design review permit approvals pertaining to housing developments, to comply with State law and implement various programs of the City’s 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15262 (Feasibility and Planning Studies), §15268 (Ministerial Projects), §15305 (Minor Alterations in Land Use Limitations), §15311 (Accessory Structures), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Dept: Planning Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the proposed text amendments to the Fremont Municipal Code (FMC) are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15262 (Feasibility and Planning Studies), §15268 (Ministerial Projects), §15305 (Minor Alterations in Land Use Limitations), §15311 (Accessory Structures), and §15378 (Project).

3. Find that the proposed amendments are consistent with the General Plan.

4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by ensuring consistency between the FMC and the City’s General Plan with State law and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.

5. Introduce an ordinance approving amendments to FMC Title 17 (Subdivisions) and Title 18 (Planning and Zoning).

6. Adopt a Resolution implementing Program 17 of the City’s 2023-2031 Housing Element to revise the City’s adopted design guidelines and to identify Objective Design Standards for housing developments.

7. Direct Staff to document the above written findings and recommendation of the Planning Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.

November 14, 2023 Fremont City Council Agenda Page 9

6. Other Business
A. VEHICULAR HOMELESSNESS RESPONSE UPDATE – Staff Report Outlining the City of Fremont’s Current Regulatory Environment and Procedural Approach to Vehicles Being Used as Dwellings
Contact Persons:

Name: Allen DeMers Rafael Alvarado
Title: Deputy City Manager City Attorney
Dept: City Manager's Office City Attorney's Office
Phone: 510-494-4651 510-284-4030
E-Mail: [email protected] [email protected]

RECOMMENDATION: Accept Informational Staff Report.

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
November 14, 2023 Fremont City Council Agenda Page 10

November 14, 2023 Fremont City Council Agenda Page 11

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

November 14, 2023 Fremont City Council Agenda Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
December 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
January 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
January 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 30, 2024 No City Council Meeting (5th
Tuesday)
Monday,
February 5, 2024 5:30 p.m. CC/FUSD Joint Meeting FUSD Hosts Live February 6, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 13, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5049) DOC ID: 5049
Updated: 11/8/2023 9:48 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special Meeting of September 25, 2023, and the Special and Regular Meetings of October 10, 2023
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Special Meeting of September 25, 2023, and the Special and Regular Meetings of October 10, 2023.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
SEPTEMBER 25, 2023

FREMONT CITY HALL

ARDENWOOD CONFERENCE ROOM
1:00 P.M.

Call to Order: Councilmember Keng called the meeting to order at 1:02 p.m.

Roll Call: Present: Vice Mayor Cox, Counc ilmembers: Keng, Campbell, Shao, and Salwan. Mayor Mei arrived at 1:10 p.m.

Absent: Councilmember Kassan

CONVENED SESSION:

Mayor Shih-Hsien Lin of Changhua, in Taiwan ROC, and his delegation, visiting City of Fremont, CA.

Mayoral delegation and City staff shared information about City of Fremont Operations. This was followed by a question and answer period.

Mayor opened the public comment period. There being no speakers, Mayor Mei closed the public comment period.

The Special Meeting of the Fremont City Council adjourned at 2:00 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

2.B.a
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Attachment: Draft Minutes (5049 : Approval of Minutes - 2023-09-25 - 2023-10-10)

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
OCTOBER 10, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
TIME

Call to Order: Mayor Mei called the mee ting to order at 5:31 p.m.

Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao, and Salwan

Public Comment: Julia Shih and Bryan Gebhardt (provided a hand-out)

CONVENED TO A CLOSED SESSION at 5:38 p.m.

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION:

INITIATION OF LITIGATION (One Case)
Government Code Section 54956.9(d)(4)

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

BI-ANNUAL LITIGATION UPDATE
(Government Code Section 54956.9)

1. Annabel Bobbitt et. al. v. City of Fremont, Alameda County Superior Court, Case No. 22CV020845 (Filed: 2022)

2. Farmers Insurance Exchange v. City of Fremont, Alameda County Superior Court, Case No. 23CV030738 (Filed: 2023)

3. Michael Foust v. Pacific Bell Telephone; City of Fremont, Alameda County Superior Court, Case No. 22CV013289 (Filed: 2022)

4. Daniel Geri v. City of Fremont, Alameda County Superior Court, Case No. 23CV025575 (Filed:
2023)

5. Jimmy Go v. City of Fremont, Alameda County Superior Court, Case No. 22CV009951 (Filed:
2022)

6. Michael Gebhardt v. City of Fremont, Alameda County Superior Court, Case No. 22CV022860 (Filed: 2022)

7. Shahida Hassan v. Pari; City of Fremont, Alameda County Superior Court, Case No. 21CV002766 (Filed: 2021)

8. Mary Hyde v. City of Fremont, Alameda County Superior Court, Case No. 22CV010244 (Filed:
2022)

9. Kelly King v. National Railroad Passenger Corporation; City of Fremont, U.S. District Court, California Northern District, Case No. 3:23-cv-00230 VC (Filed: 2023)

10. Michael Knight, et al. v. Gourley; City of Fremont Alameda County Superior Court, Case No. 22CV010431 (Filed: 2022)

11. Mary Manners v. City of Fremont; Alameda County Superior Court, Case No. 22CV021879 (Filed: 2022)

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12. Seung Hun Lee, et al. v. Troy Roberts, et al., Alameda County Superior Court, Case No. 23CV030509 (Filed: 2023)

13. State Farm Mutual Automobile Insurance Company v. City of Fremont, Alameda County Superior Court, Case No. 23CV027711 (Filed: 2023)

14. Temple of 1001 Buddhas, MiaoLan Lee, et al. v. City of Fremont, U.S. District Court, California Northern District, Case No. 3:21-cv-04661 CRB (Filed: 2021); and Alameda County Superior Court, Case No. 21CV002808 (Filed: 2021)

15. Yelena Zimon v. City of Fremont, Alameda County Superior Court, Case No. 21CV002066 (Filed: 2021)

The Special Meeting of the Fremont City Council adjourned at 6:35 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
OCTOBER 10, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.

B. Flag Salute: Councilmember Salwan led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, and Salwan

Absent: Councilmember Shao

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session

City Attorney Alvarado reported that the Council conducted a conference in Closed Session to discussed two categories of items. First was anticipated litigation, one case, the Council took no reportable action. The Council also conducted its biannual litigation update pursuant to the existing litigation provision under Government Code Section 54,956.9. The Council discussed the 15 cases on the agenda but also took no reportable action.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* B. Approval of Minutes – None.

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* C. Mayor Mei opened considera tion of Approval to Authorize the City Manager or Designee to Execute the Master Services Agreement with Silicon Valley Paving, Inc. for On-Call Maintenance and Safety Repair Work to Damaged Asphalt, Concrete and Paving Pathways at Various Parks and Trail Locations Throughout the City

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council awarded a five-year Master Service Agreement for On Call Maintenance and Safety Repair Work to Damaged Asphalt, Concrete, and Paving Pathways at Various Parks and Trail Locations throughout the City and authorize the City Manager or designee to execute agreement with Silicon Valley Paving with a total not to exceed amount of $1,250,000, for fiscal year 2023/24 the total not to exceed amount is $250,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* D. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Execute a Multi-Year Agreement with Ani & Cat, LLC in an amount not to exceed $228,000. (Service Agreement for Graphic Design for the Human Services Department)

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute an agreement with Ani & Cat, LLC, through June 30, 2028, in an amount not to exceed $228,000 over the five-year term.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* E. Mayor Mei opened considera tion of Approval to Authorize the City Manager to Issue a Purchase Order for Fire Protective Equipment to Municipal Emergency Services in an Amount Not to Exceed $300,000

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager to issue a purchase order to Municipal Emergency Services for 60 sets of personal protective equipment in an amount not to exceed $300,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

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* F. Mayor Mei opened consideration of Approval of Annual Purch ase Orders with U.S. Foods Inc. for Food Supplies in an Amount Not to Exceed $250,000 per Fiscal Year. (Food Service Supplies for Aqua Adventure Waterpark)

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council authorized the City Manager or her designee to execute annual purchase orders with U.S.

Foods Inc. for the Waterpark for food and supplies in an amount not to exceed $250,000 per fiscal year through June 30, 2027.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* G. Mayor Mei opened consideration of Authorization to Execute Task Orders to the Joint Powers Agreement with the City of Newark for FY 2023/24 Paratransit Services and Case Management Services to Newark Residents and Appropriate Additional Funds (City of Newark Joint Powers Agreement)

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council:

1. Approved and authorized the Cit y Manager or designee to execute Task Order No. 28 to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2023/24 case management services, in the amount of $5,000.

2. Approved and authorized the Cit y Manager or designee to execute Task Order No. 29 to the existing Joint Powers Agreement with the City of Newark for the provision of FY 2023/24 paratransit services, in the amount not to exceed $300,000.

3. Appropriated an additional $6,948 to Fund 176.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* H. Mayor Mei opened consideration of Authorization to Execute Task Orders to the Joint Powers Agreement with the City of Union City for FY 2023/24 Paratransit Services (City of Union City Joint Powers Agreement)

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council:

1. Authorized the City Manager or her designee to execute Task Order No. 11 to the existing Joint Powers Agreement with the City of Union City for the provision of FY 2023/24 taxi and ride-hailing services to Union City residents, in the amount not to exceed $54,000.

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2. Authorized the City Manager or her designee to execute Task Order No. 12 to the existing Joint Powers Agreement with the City of Union City for the provision of FY 2023/24 Wheelchair Accessible Van services to Fremont and Newark residents, in the amount not to exceed $799,875.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

* I. Mayor Mei opened consideration of Acceptance of FY 2023/24 Paratransit Discretionary Grant Program Funding and Authorization for City Manager to Execute the Associated Contract for the Ride-On Tri-City! Services; and Appropriate Additional Funds and Making Findings of CEQA Exemption (Paratransit Funding)

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council:

1. Approved and authorized the Cit y Manager or designee to accept the FY 2023/24 Paratransit Discretionary Grant award in the amount of $152,000, and to execute a contract with Alameda CTC for the Ride-On Tri-City! Mobility Management Program and Travel Training Program.

2. Appropriated an additional $1,000 to Fund 174.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

3. CEREMONIAL ITEMS

A. Proclamation: Extra Mile Day

B. Ceremonial Check Presentation by State Senator Aisha Wahab

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Kate Mills (Olive Hyde Art Guild), Bridget Makk, Sharon Giottonini, Cristina Martinez, Fabian Meier, Kelly Abreu, Raj Nandu, Daniel

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Karpelevitch, Hilary Darehy, Dottie Hutcheon, Sunil Singh, Sunita Lodha, Rajeeta Sinvhah, and Kathie William.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration of Adoption of the Final Dra ft of the Climate Action Plan (CAP) Update and supporting Addendum to the Previously Certified Environmental Impact Report (EIR) (SCH No. 2010082060) Prepared for the Fremont General Plan Update Pursuant to the California Environmental Quality Act (CEQA). (Climate Ready Fremont Plan)

See Green Sheet on file.

Email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

Sustainability Manager Rachel DiFranco provided a presentation. Staff responded to questions by Councilmember. Mayor Mei opened the public comment period. The following persons commented: Richard Godfrey, Steve Skala, Abe Mazliach, Lisa Danz, Daniel Karpelevitch, Shreya Ramachandran, William Yragui, Kelly Abreu, and Caroline Harri. There were no additional speakers. Mayor Mei closed the public comment period. This was followed additional questions from Councilmembers. Councilmembers provided comment.

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:

1. Found that (a) none of circums tances requiring preparation of a subsequent EIR under CEQA Guidelines Sec 15162 are present in the proposed CAP Update; (b) the proposed CAP Update would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects; and (c) no new information of substantial importance has been identified that suggests the potential for the CAP Update to result in significant or substantially more severe effects not discussed in the General Plan Update EIR.

2. Adopted Resolution No. 2023-49 a dopting the Climate Ready Fremont CAP Update and supporting Addendum to the Fremont General Plan Update EIR and directed staff to begin implementation of the plan.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, and Salwan
Noes: None

Absent: Councilmembe
r Shao
Abstain: None

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7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 9:35 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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Attachment: Draft Minutes (5049 : Approval of Minutes - 2023-09-25 - 2023-10-10) Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5003) DOC ID: 5003
Updated: 11/8/2023 9:16 AM by Susan Gauthier Page 1
WINTER RELIEF PROGRAM AGREEMENTS - Authorize the City Manager or their Designee to Execute FY 2023/24 Standard Service Agreements with Motels for Temporary Use of Hotel Rooms as Winter Relief Shelter, and Abode Services for Support Services; Appropriate Additional Funding; and Making Findings of CEQA Exemption.

Contact Persons:

Name: Suzanne Shenfil Laurie Flores
Title: Director Homeless Services Manager
Div/Dept: Human Services Department City Manager's Office Phone: 510-574-2051 510-574-2040
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this staff report is to recommend the City Council take various actions necessary to carry out the FY 2023/24 Winter Relief program, including:
1) Authorize the City Manager to execute FY 2023/24 Standard Service Agreements with hotel partners including K B & Son, Inc. (Days Inn) in the amount of $384,000, C & L, LLC (Mission Peak Lodge) in the amount of $162,000, and Fremont North, LLC (Motel 6 Fremont North) in the amount of $263,000, for temporary use of hotel rooms as non-congregate winter relief shelter;
2) Authorize the City Manager to execute a FY 2023/24 Standard Service Agreement with Abode Services in an amount not to exceed $602,968 to help provide supportive services for the program;
3) Appropriate an additional $439,250 in the Housing and Homeless Fund (Fund 112) for the Winter Relief program to allow expansion of services; and 4) Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

BACKGROUND:

Warming Center and Winter Program Models: The City first opened the Warming Center in the winter of 2013 at the request of the Alameda County Board of Supervisors, after the death of two homeless individuals from hypothermia. Under the Warming Center model, the City provided shelter only during inclement weather. In FY 2018/19, the City transitioned to a full-service Winter Shelter model that was open seven nights a week for four months. In FY 2021/22, the Winter Shelter program transitioned into a Winter Relief program through the temporary use of motel rooms, as non-congregant shelter, which provided an added measure to prevent exposure and spread of COVID-19 to a highly vulnerable population. During the pandemic, this non-congregate shelter model emerged as a best practice for those experiencing homelessness to stabilize and connect them with supportive services.

In FY 2022/23, the Winter Relief program operated from December 8, 2022, to April 30, 2023. The program used up to 35 hotel rooms and served 49 individuals, including two

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newborns, providing each household up to 145 consecutive days of shelter. Overall, the program provided over 5,424 total bed nights of service. Meals were provided on a nightly basis and service coordination was offered as available, through the Human Services Department and other community service providers.

The Warming Center, Winter Shelter, and now, Winter Relief program have been funded through a combination of City funding, Alameda County funding, foundation/corporate grants, and private donations. Throughout the years, the programs have also relied on partnerships with local motels, health and support service providers, and local restaurants.

DISCUSSION/ANALYSIS:

Continuation of the Winter Relief Program: At least 80% of unhoused residents in Fremont do not have access to shelter. Those experiencing unsheltered homelessness remain vulnerable to exposure and transmission of the contagious COVID-19 and other winter illnesses. This FY 2023/24 winter season (December 1, 2023 through April 30, 2024) , staff proposes to expand the non-congregate Winter Relief program to approximately 60 rooms, which will help facilitate encampment management strategies, including the transition plan to assist unhoused community members currently sleeping in tents and vehicles at Vallejo Mill prior to its redevelopment.

The program will provide participants with temporary stays at three partnering motel sites as well as wrap-around services. Program expectations for participants include working with an assigned case manager or housing navigator, respecting the property, and adhering to the rules of the program. Families with minor children, older and medically frail adults, and those identified through City outreach and initiatives will be prioritized for the program.

Hotel stays allow program participants to experience a more dignified and individualized service as each unit has a locking door, storage for belongings, and a private bathroom. All households served will be assessed for their eligibility for Alameda County’s Coordinated Entry System (CES). City staff, through the Human Services Department, will administer the program and will continue evening check-ins and distribution of needed food, hygiene, and clothing supplies, as well as provide support services as staffing is available.

Provision of Supportive Services: Historically after the conclusion of the winter programs, a number of participants return to the street. Therefore, the City intends to deepen the provision of robust supportive services and increase capacity to provide every participating household with a dedicated and consistent service provider. Staff requests authorization to enter into an agreement with Abode Services, to help provide service coordination and administer flexible funding to stabilize participants during the Winter Relief program (December 2023 through April 2024) and support their transition into a longer - term shelter or housing solutions, once the program concludes. As needed, targeted wrap- around services will also be available to Safe Parking participants. Abode’s contract includes

2.0 full-time equivalent (FTE) supportive services/case management staff, 0.3 FTE supervisory staff, operating costs, and $280,800 in flexible funding.

Abode Services was selected after a Request for Information (RFI) for Service Coordination was shared directly with five agencies and posted to the EveryOne Home Continuum of Care listserve. City staff held an informal Q&A webinar to interested parties on

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September 12, 2023. Abode Services was the only respondent to the RFI.

Continuation of Partnerships with Local Hotels: In FY 2021/22, staff reached out to multiple local hotels to set up agreements to procure the temporary use of hotel space. Only Days Inn and Mission Peak Lodge responded and executed an agreement with the City. In FY 2023/24, staff again conducted an extensive review of seven hotels that met the City’s criteria for price-point, billing requirements and willingness to work with people experiencing homelessness. Staff ultimately re-engaged the FY 2021/22 motel partners, which have built a trusting working relationship with the City, and secured an additional motel: Motel 6 Fremont North. Collectively, these motels may provide up to 9,000 bed nights of shelter.

Staff requests authorization to enter into agreements with Days Inn, Mission Peak Lodge, and Motel 6 Fremont North to provide approximately 60 rooms for temporary shelter, combined.

FISCAL IMPACT: The FY 2023/24 program will be funded via a grant from Alameda County Social Services Agency (SSA), Federal CARES Act fund balance, a Community Services Block Grant (CSBG), one-time Development donations, and City funding. This funding is anticipated to total $1,259,040.

Revenue Source Amount
Alameda County SSA $ 230,500
Federal 358,642
Private Developer Donations 550,000
City Funds (General and 112) 119,898
Total Revenue: $1,259,040

Staff anticipates a total budget of approximately $1,700,040. This budget includes City program coordination and monitoring staff, intermittent weekly meals, the three motel contracts, and the contract with Abode Services. Both the City and Abode Services are allocated flex funding that provides an average of $5,616 per household to support clients’ transitions to housing or other goal-oriented needs.

Expenses
City Staff $ 134,582
Motel Stays 809,000
Meals 95,580
City Flex Funding 56,160
Support Services Contract (staff & flex
funds) 602,968
Total Expenses: $1,698,289

Additional Appropriation Request: $ 439,250

Staff is recommending that the City Council appropriate an additional $439,250 in unallocated fund balance from the Affordable Housing and Homeless Fund (Fund 112) to

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fully fund the program.

ENVIRONMENTAL REVIEW: The acceptance of a grant from the County of Alameda to operate a temporary seasonal shelter is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The operation of the temporary seasonal shelter will not cause a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

3. Appropriate an additional $439,250 in the Housing and Homeless Fund (Fund 112) for the expansion of the Winter Relief program; and

4. Find that the actions are exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15183 and/or 15061(b)(3).

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5007) DOC ID: 5007
Updated: 11/7/2023 3:25 PM by Susan Gauthier Page 1

FIVE-YEAR LICENSE AGREEMENT WITH WASHINGTON TOWNSHIP MUSEUM OF

LOCAL HISTORY FOR USE OF RANCHO HIGUERA HISTORICAL PARK - Authorize the City Manager or her Designee to execute a five-year license agreement, with two five-year renewal options, with Washington Township Museum of Local History, for use of Rancho Higuera Historical Park & Adobe, and find this action is exempt from CEQA review.

Contact Persons:

Name: Irene Jordahl Suzanne Wolf
Title: Recreation Superintendent II Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this item is to recommend that the City Council authorize the City Manager or her designee to execute a five-year license agreement, with two five-year renewal options, with the Washington Township Museum of Local History for the use of the Rancho Higuera Historical Park, including the Higuera Adobe, for the general purpose of providing historic educational docent-led walks, talks, tours and programs; public education and field trips; museum exhibits; volunteer efforts; historical preservation; and support ongoing operations.

BACKGROUND: Washington Township Museum of Local History (Museum) is a California non-profit organization that preserves Southern Alameda County memories, documents, artifacts, and structures from the past and shares them with present and future generations.

On May 19, 2022, the City entered into a one-year license agreement with the Museum to facilitate the Museum’s use of Rancho Higuera Historical Park (Park) and the historic Galinda-Higuera Adobe (Adobe) to provide historic educational docent-led walks, talks, tours and programs, volunteer efforts, historic preservation, and support of on-going operations.

The Museum has been conducting school field trips to the Fremont Unified School District (FUSD) for many years to provide hands-on educational opportunities for students aligning with FUSD’s elementary education curriculum. Additionally, the Museum facilitates tours of the Adobe and Park monthly from April through September.

Staff supports the Museum’s proposal to continue its activities in the Park and the Adobe and is recommending a license agreement between the Museum and City for a five-year term with two five-year renewal options.

DISCUSSION/ANALYSIS: The City of Fremont has enjoyed a positive working relationship with the Museum. The Museum has been instrumental in providing support of the Rancho Higuera Historical Park and historic Galinda-Higuera Adobe - one of the last remaining buildings in Washington Township from the Spanish-Mexican era of California (1776-1848) – telling the story of the historical significance of the Adobe that that was built

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between 1830 and 1840 on land granted to Fulgencio Higuera, the association with Juan Crisostomo Galindo and rancho life, and life and history of the Ohlone, who were the indigenous peoples of the area, through the sharing of the site’s land resources, historic building, and preserved artifacts and documents. The Museum provides historic education programs, volunteers efforts, special events, programs for the community, and stewardship of the Park.

The Museum will continue to offer tours and field trips so generations to come will have informative, educational, and authentic visual and tangible connection to the history of the area.

The proposed five-year term and the two five-year renewal options will enable the long- standing partnership between the City and the Museum to continue in support of the benefits provided by the volunteers of the Washington Township Museum of Local History.

FISCAL IMPACT: None

ENVIRONMENTAL REVIEW: The approval of a license agreement with the Museum is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1) Section 15061 (Review for Exemption) in that the activity is covered by the common - sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the license agreement is for historic educational docent-led walks, tours and programs, public education, and field trips that will not have an impact on the environment.
2) Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) in that the proposed project is consistent with the land use envisioned for the site as established by the General Plan. Per CEQA Guidelines §15162 and §15163, none of the circumstances requiring calling for the preparation of a subsequent or supplemental EIR have occurred. Here, the license agreement contemplates using the Park for the same uses designated in the General Plan.
3) Section 15378 (Project) in that the requested license agreement with the Museum will not result in direct or indirect physical changes in the environment as the use of the Park by the Museum will not have an impact on the environment.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Find the license agreement is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15061, 15183, and 15378.

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4999) DOC ID: 4999
Updated: 11/8/2023 9:02 AM by Susan Gauthier Page 1
POLICE DEPARTMENT VEHICLE EVIDENCE STORAGE WAREHOUSE - Approval of Plans and Specifications; Award of Contract to Calstate Construction, Inc. in the amount of $2,841,055.00 (including 10% Contingency) for the Police Department Vehicle Storage Warehouse Project (PWC8935); Funding Reallocation/Appropriation Action; and Make Findings of CEQA Exemption Contact Persons:

Name: Martha Martinez Hans Larsen
Title: Facilities Project Manager Public Works Director Div/Dept: Public Works Public Works
Phone: 510-494-4750 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate construction of a new warehouse building at the Police Center for the storage of vehicles being held for the purpose of crime analysis and evidence.

BACKGROUND: The Police Department is responsible for intaking, inspecting, and storing evidence vehicles for undetermined lengths of time. The Department currently stores evidence vehicles under a covered canopy tent at a parking lot located adjacent to the Police Department campus.

The new 6,700 square-foot vehicle storage warehouse will sit on an empty lot located between the Police Jail / Evidence Building and the Tri-City Animal Shelter. The proposed new warehouse will provide an enclosed space for Police staff to store, secure and perform inspections in a controlled space. The warehouse is designed to park 16 vehicles at the floor level and up to 32 vehicles can be stored using mechanical lifts allowing for vehicles to be “double stacked”. The building will enable staff to maintaini the integrity of the evidence and not have it be compromised by being exposed to the weather and outdoor elements.

Construction is anticipated to begin in December 2023 with completion expected by Fall 2024.

DISCUSSION/ANALYSIS: The Police Department Vehicle Storage Warehouse project was advertised for construction bids in September 2023, and ten bids were received on October 10, 2023. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $2,400,000.

Bidders Bid Amount

1. S & H Construction, Inc. $1,968,600.00*

2. Calstate Construction $2,582,777.00

3. Giant Construction $2,704,819.44

4. ICC General $2,794,639.00

5. Rodan Builders $2,850,819.44

6. JPB Designs $2,902,890.44

7. CWS Construction $2,947,819.44

8. Zone 4 $2,961,600.44

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9. James R. Griffin $2,998,089.00

10. On Point Construction $3,018,298.44

* Non-responsive bid

The initial low bidder, S & H Construction, Inc., requested to withdraw their bid due to clerical errors, shortly after bid opening. After review, the City accepted S&H Construction Inc.’s request and considers their bid non-responsive. The next apparent low bidder, CalState Construction, Inc. submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of a similar nature with the City and other nearby agencies.

Project Cost and Funding:

Estimated Project Costs:

Design and Project Administration $ 380,000
Construction Contract – Low Bid $ 2,582,777
Construction Contingency (10%) $ 258,278
Construction Inspection and Administration $ 155,000

Estimated Total Project Costs: $ 3,376,055

Source of Funding
Currently Budgeted:

Capital Improvement Fund PWC 8935-501 $ 2,855,000

Proposed:

Capital Improvement Fund PWC 9094-501 $ 525,000

Total Funds Available: $ 3,380,000

The current project cost exceeds the available budget by approximately $525,000. The higher cost is attributed to an extraordinary inflationary increase in the cost of construction building materials and skilled labor, particularly in the Bay Area market. Staff has reviewed options for reconciling the project cost and budget, including consideration of rebidding or rescoping the project. Neither of these options are recommended as they will incur additional costs and delay the project, and expose the project to potentially higher future inflationary costs.

To address this shortfall, staff recommends that $525,000 of the existing funding for the EV Charging for City Fleet Electrification Project (PWC 9094-501) be reallocated to the Police Department Vehicle Storage Warehouse Project (PW C8935-501). The EV Charging project was funded in the 2023/24-2027/28 Capital Improvement Program at $5,000,000. Because of emerging lower-cost technology solutions, staff believes this reallocation will not impact our ability to complete the installation of EV charging infrastructure at the Police Administration Center and the City Maintenance Center.

FISCAL IMPACT: With approval of the recommended reallocation of $525,000 from the EV Charging for City Fleet Electrification Project to the Police Department Vehicle Storage Warehouse project, there will be sufficient funds available for the estimated project cost.

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ENVIRONMENTAL REVIEW: The proposed accessory structure being constructed in the existing Fremont Police Department campus is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis:

(1) CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the project would involve the construction of a new accessory structure located at the Fremont Police Department campus. The proposed structure would not expand the boundaries of the campus site and would be contained within previously improved areas of the campus. The introduction of an accessory storage facility for the Fremont Police Department would not be an expansion of use as the campus has been historically utilized for needed city accessory structures, such as the fuel station. The structure is under 10,000 square feet and will be serviced by existing utility infrastructure. The project does not propose a significant amount of hazardous materials on site;

(2) CEQA Guidelines Section 15311 (Accessory Structures), as the project would involve the construction of a minor accessory structure, a vehicle storage shed, at an existing improved location within Fremont Police Department campus. The accessory structure would not significantly expand capacity;

(3) CEQA Guidelines Section 15332 (In-Fill Development Projects), as the proposed project the project site would be less than five acres and is surrounded by urban uses, such as multi-family housing, the police station, and the Tri-City Animal Shelter. As previously mentioned, the site can be serviced by existing utility infrastructure;

(4) CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), as the proposed project is consistent with the development densities and policies in the general plan and existing zoning for which a final Environmental Impact Reports (EIRs) was previously certified: Fremont General Plan EIR (SCH#2010082060). The project would not create significant effects more severe than analyzed in the prior EIR because the project does not substantially alter the physical characteristics or use of the site. The proposed construction would consist of a small vehicle shed located behind the Fremont Police Department and adjacent to the Tri-City Animal Shelter. The accessory structure would serve to support existing Police Department operations on the site. There would not be the potential for environmental effects peculiar to the project or to the project site. The improvements to the site would be take place in previously improved and disturbed areas of the campus that are currently utilized passive recreation. Fremont Municipal Code Chapter 18.218 provides standard development requirements that address any potential impact to special-status species, and air quality related to construction.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Police Department Vehicle Storage Warehouse Project (PWC 8935-501):

1. Find the project exempt from environmental review per CEQA Guideline Section 15303 (New Construction or Conversion of Small Structures), Section 15311 (Accessory Structures), Section 15332 (In-Fill Development Projects), and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

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2. Approve Plans and Specifications for this Project.

4. Reallocate $525,000 from the EV Charging for City Fleet Electrification Project (PWC 9094-501) to the Police Department Vehicle Storage Warehouse Project.

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5023) DOC ID: 5023 B
Updated: 11/7/2023 3:28 PM by Susan Gauthier B Page 1

AMENDMENT TO FACILITIES MAINTENANCE AGREEMENT FOR PLAYGROUND MAINTENANCE AND SAFETY RESURFACING - Authorize the City Manager or her Designee to Execute the First Amendment to Facilities Maintenance Agreement for Playground Maintenance and Safety Resurfacing with SpectraTurf, Inc.

Contact Persons:

Name: Andrew Freeman Suzanne Wolf
Title: Business Manager Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff and SpectraTurf have been working through the inventory of resurfacing playground locations and have identified several locations which require full removal and replacement rather than seal and coat resurfacing. Consequently, staff recommends that the City Council authorize the approval of the first Amendment to the Facilities Maintenance Agreement for Playground Maintenance and Safety Resurfacing at multiple City locations increasing the amount of the contract by $279,885.75 for a total not to exceed amount of $1,171,229.80.

BACKGROUND: The City has successfully completed playground maintenance and safety resurfacing at several sites over the last few years, including:

• Agua Caliente
• Always Dream
• Blacow
• Booster
• Brookvale
• David Jones
• Frank Fisher
• Irvington
• Karl Nordvik
• Lone Tree
• Lowry
• Peregrine
• Sylvester P. Harvey
• Westridge

DISCUSSION/ANALYSIS: A competitive process (RFP #22-017) was completed for additional playground maintenance and safety resurfacing work at various City locations.

On July 12, 2022, the City Council approved the SpectraTurf contract award and terms with a total amount not to exceed $891,344 through June 30, 2027.

The playground maintenance and safety resurfacing scope of work consists of the following:

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• Full Removal and Replacement
• Patch, Seal and Coat
• Re-Top
• Seal and Coat

Staff and SpectraTurf have completed additional evaluations and determined that seal and coat resurfacing work for Irvington, Karl Nordvik and Lowry parks will not address the safety and maintenance needs of the playground sites. Staff and SpectraTurf are recommending a full removal and replacement due to the accelerated deterioration of the existing surfacing at these three playgrounds.

The type of maintenance work to be performed, from seal and coat to full removal and replacement, are all services included in the contract scope of work. This adjustment will increase the total not to exceed amount of the contract by $279,885.75 to $1,171,229.80.

FISCAL IMPACT: All City costs associated with this agreement are covered by the budget adopted through the bi-annual CIP process (PWC 8770 Poured in Place Area Surfacing) and there will be no impact to the General Fund.

ENVIRONMENTAL REVIEW: The project activities to be undertaken are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, Existing Facilities, as the project consists of repairing and maintaining existing park facilities. Prior to commencement of ground disturbing activities, the requirements of Fremont Municipal Code Section 18.218.050(b)(1) (Standard Development Requirements for Burrowing Owls) will be met.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Find that the agreement for repairs and maintenance to existing park facilities is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301.

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5028) DOC ID: 5028
Updated: 11/8/2023 9:25 AM by Susan Gauthier Page 1

AWARD A CONSTRUCTION CONTRACT FOR THE CENTRAL PARK PICKLEBALL COURT PROJECT (PWC9067) – Approve the Plans and Specifications for the Central Park Pickleball Court Project; Reallocate $150,000 from PWC 8501 to the project, and Award a Contract to Silicon Valley Paving, Inc. for the Base Bid amount of $378,184, plus Alternate #1 - Four Additional Pickleball Courts at Lower Courts for $96,047; Alternate #2 – Install Court Furnishings for $54,175; and, Alternate #3 – Electrical Conduit and Pullboxes for $24,900; plus a 15% Construction Contingency Amount of $82,995.90, for a Total Construction Contract Amount of $636,301.90; reallocate funds; and find that, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), the project is exempt from review under the California Environmental Quality Act (CEQA).

Contact Persons:

Name: Rico Lardizabal Suzanne Wolf
Title: Associate Landscape Architect Community Services Director Div/Dept: Landscape Architecture Community Services
Phone: 510-494-4743 510-494-4329
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends that the City Council approve the Plans and Specifications for the Central Park Pickleball Project, award a contract to Silicon Valley Paving, Inc. for the base bid scope amount of $378,184, plus Alternate #1 - Four Additional Pickleball Courts at Lower Courts for $96,047, Alternate #2 – Install Court Furnishings for $54,175, Alternate #3 – Electrical Conduit and Pullboxes for $24,900, plus a 15% construction contingency amount of $82,995.90, for a total construction contract amount of $636,301.90 for the Central Park Pickleball Project; reallocate of $150,000 from PWC 8501 to the project; and find that, pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning), the project is exempt from review under the California Environmental Quality Act (CEQA).

BACKGROUND: During the community engagement process for the Parks and Recreation Master Plan and through additional communication, the community has expressed significant need for the City to provide pickleball court facilities throughout the City’s park system. These facilities are intended to meet USA Pickleball standards for both recreational and competitive level play, as determined by USA Pickleball, a national governing body for the sport. The City currently has a limited number of pickleball courts in its inventory and currently does not have dedicated courts. The 2022 updated Parks and Recreation Master Plan identified that the City should have a minimum of fifteen courts to provide the standard level of service by 2026. The Central Park Pickleball Project and its proposed location at the existing underutilized parking lot at Central Park, was identified by staff to help address the need for dedicated pickleball courts. This project will be funded under the Pickleball Court

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Conversion Throughout Parks (PWC 9067) that was initially funded in the (CIP) FY 2021/22 – 2025/26 Capital Improvement Program.

DISCUSSION/ANALYSIS: The project includes the construction of eight standard pickleball courts at an existing under-utilized parking lot at the Central Park. The project scope includes demolition and removal of existing asphalt and concrete surfacing; removal of existing chain link fencing, concrete curbs and gutters; protection of existing asphalt pavement to use as a base for new asphalt paving and Plexipave acrylic pickleball court surfacing. The new improvements include perimeter fencing, ADA accessible path of travel, handicap parking stalls, site furnishings, including in-ground pickleball nets and posts, benches, trash and recycling receptacles and drinking fountain.

Anticipated construction for this project is scheduled to begin in December 2023 and to be completed by Spring 2024, barring unforeseen conditions and weather delays.

Bid Results: The project was advertised for bid on September 12, 2023 with a second advertisement on September 19, 2023. On October 4, 2023, the City received and opened seven bids. The lowest bid, submitted by Silicon Valley Paving, Inc., was $378,184 (Base Bid). The Bid Results are as follows:

Bidder Base Bid Amount

1. Silicon Valley Paving, Inc. $378,184.00

2. Foundry Construction, Inc. $455,195.00

3. Interstate Grading and Paving, Inc. $457,461.00

4. Radius Earthwork, Inc. $485,743.50

5. B&M Builders, Inc. $563,569.00

6. Guerra Construction Group $583,124.00

7. Frontline General Engineering Construction, Inc. $610,299.31*

* Bid is mathematically corrected

City Estimate $465,650

* The $610,328.90 total Base Bid listed by bidder, Frontline General Engineering Construction, Inc., did not reflect the unit cost listed in their Bid Schedule for several bid items. The instructions on the Bid Schedule states that, “in case of a math error or ambiguity, the unit cost listed for any bid item will prevail over the extended amount listed for that bid item.” Based on this mathematical correction, Frontline General Engineering Construction, Inc.’s total base bid equals $610,299.31.

Add Alternates: The City received favorable bids for the Add Alternates from the lowest responsible bidder, Silicon Valley Paving, Inc., and staff recommends including these into the construction contract. Including these alternates will double the number of courts built from four to eight, including the installation of preferred site furnishings to the facility, and allow for underground electrical conduits for future utilities. Installing electrical conduit now will allow for future lighting improvements to occur without impacting court use, in the event the City choses to install future sports court lighting.

Add alternates are as follows:

1. Alternate #1 - Four Additional Pickleball Courts at Lower Courts

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a. Add Alternate Bid: $96,047
b. City Estimate: $101,933

2. Alternate #2 - Install Court Furnishings
a. Add Alternate Bid: $54,175
b. City Estimate: $47,050

3. Alternate #3 - Electrical Conduit and Pullboxes
a. Add Alternate Bid: $24,900
b. City Estimate: $32,400

Project Costs and Funding: The Central Park Pickleball Project is to be funded with Park Impact Fees from Pickleball Court Conversion Throughout Parks (PWC 9067-540), including a proposed reallocation of $150,000 from Capital Replacement for Parks (PWC 8501-501) to cover the bid alternates and associated contingencies and construction management, inspections, and administrative costs.

1. Total funds appropriated to the project (current)
Fund 540 Park Facilities Development Impact Fees (PWC 9067) $750,000.00

2. Project Expenses to date (as of 10/9/23) $113,877.11

Subtotal of Funds Remaining $636,122.89

3. Proposed Reallocation of Funds:

Fund 501 Capital Replacement for Parks (PWC 8501) $150,000.00

Approximate Funding After Reallocation $786,122.89

4. Planned Expenditures
• Construction Base Bid $378,184.00
• Alternate #1 $ 96,047.00
• Alternate #2 $ 54,175.00
• Alternate #3 $ 24,900.00
• 15% Construction Contingency $ 82,995.90
• 13.5% Construction Management, Inspection & Administration (Estimated) $ 86,191.00
• 10% Construction Close Out Fee and Design Contingencies (Estimated) $ 63,630.00

Estimated Balance after Project Closeout $0

FISCAL IMPACT: The Pickleball Court Conversion Throughout Parks project (PWC 9067- 540) was funded in the FY 2021/22–2025/26 Capital Improvement Plan. The Capital Replacement for Parks project (PWC 8501-501) receives funding annually from the General Fund. The FY 2023/24 budgeted transfer was $2,250,000.

ENVIRONMENTAL REVIEW: The proposed improvements identified in the Central Park Pickleball Project are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis:

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(1) CEQA Guidelines Section 15301 (Existing Facilities), as the project would involve minor alterations to an existing park facility, involving a negligible expansion of use. The proposed alterations would not expand the boundaries of the park site and would be contained within previously improved areas of the park. The introduction of pickleball facilities would not be an expansion of use as the park has been historically utilized for recreational activities.

(2) CEQA Guidelines Section 15304 (Minor Alterations of Land), as the project would involve the minor alteration of improved park land, replacing existing parking lot asphalt with a sports court surface.

(3) CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), as the proposed project is consistent with the development densities and policies in the general plan and existing zoning for which a final Environmental Impact Reports (EIRs) was previously certified: Fremont General Plan EIR (SCH#2010082060).

The project would not create significant effects more severe than analyzed in the prior EIR because the project does not substantially alter the physical characteristics or use of the site. The proposed park improvements would involve the construction of a small number of pickleball courts within the existing park boundaries.

In summary, there are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR nor any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIR or that cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. None of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The improved park would be consistent with existing park operations in the General Plan. As discussed above, no substantial changes in circumstances have occurred that were not fully envisioned in the General Plan EIR and no new information of substantial importance exists that suggests that there would be a new or more substantial environmental effect.

ATTACHMENTS: None.

LINKS: Plans and Specifications for this project are available for review on the City of Fremont web site at:
https://www.fremont.gov/government/departments/parks-planning-design/design- projects/cp-pickleball-court

RECOMMENDATIONS:

1. Approve the Plans and Specifications for the Central Park Pickleball Project (PWC 9067).

2. Accept the Base Bid and Alternates 1, 2 and 3; Award a construction contract; and authorize the City Manager or her designee to execute all construction related

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agreements with the lowest responsive and responsible bidder, Silicon Valley Paving, Inc. in the amount of $553,306, plus a 15% construction contingency amount of $82,995.90 for a total construction contract amount of $636,301.90.

3. Authorize the reallocation of $150,000 from Capital Replacement for Parks (PWC 8501 - 501) to Pickleball Court Conversion Throughout Parks (PWC 9067-501).

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Landscape Architecture
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5033) DOC ID: 5033
Updated: 11/8/2023 9:45 AM by Susan Gauthier Page 1

AWARD A CONSTRUCTION CONTRACT FOR THE VALLEJO MILL HISTORICAL PARK PICKLEBALL COURTS AND DOG PARK PROJECT (PWC9090) – Approve the Plans and Specifications for the Vallejo Mill Historical Park Pickleball Courts and Dog Park Project, PWC9090; Award a Contract to Guerra Construction Group for the Base Bid amount of $1,918,288, plus Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd.) for $116,005; plus a 15% Construction Contingency Amount of $305,143.95, for a Total Construction Contract Amount of $2,339,436.95; Reallocate $693,233 from PWC 8101-540, $500,000 from PWC 8501-501, $214,000 from PWC 8671-540, and $200,000 from PWC 8671-541 to the project; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).

Contact Persons:

Executive Summary: Staff recommends that the City Council approve the Plans and Specifications for the Vallejo Mill Historical Park Conversion Pickleball Courts and Dog Park Project, and award a Contract to Guerra Construction Group for the base bid scope amount of $1,918,288, plus Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd) for $116,005; plus a 15% Construction Contingency Amount of $305,143.95, for a Total Construction Contract Amount of $2,339,436.95; authorize the reallocation of $693,233 from PWC8101-540, $500,000 from PWC 8501-501, $214,000 from PWC 8671- 540, and $200,000 from PWC 8671-541 to the project; and find that, the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Section 15304 (Minor Alterations of Land), Section 15311(b) (Accessory Structures), and Section 15183 (Project Consistent with a Community Plan, General Plan, or Zoning).

BACKGROUND: During the community engagement process for the Parks and Recreation Master Plan and through additional communication, the community has expressed significant need for the City to provide pickleball court facilities throughout the City’s park system. These are facilities intended to meet USA Pickleball standards for both recreational and competitive level play as determined by USA Pickleball, a national governing body for the sport of pickleball. The City currently has a limited number of pickleball courts in its inventory with only three non-dedicated courts. The 2022 updated Parks and Recreation Master Plan identified that the City should have a minimum of fifteen courts to provide the standard level of service by 2026.

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In addition to pickleball, the community has expressed significant need for additional dog parks outside of Central Park. Central Park currently has the City’s only dog park. Staff have identified the Vallejo Mill Historical Park as an ideal park site to be activated with pickleball and dog park amenities to satisfy priorities identified in the Parks and Recreation Master Plan.

The existing Vallejo Mill Historical Park site is situated in the Niles area with Niles Canyon Road (State Route 84) to the south, Mission Boulevard (State Route 238) to the west and the Niles Canyon Railway to the north. The park site was home to two former mills built by Don Jose de Jesus Vallejo in 1841 and 1853. In 1986, the City developed a Schematic Report for the Vallejo Mill Historic Park that included archeological investigations that were able to confirm the prior existence of these structures although they are no longer visible except for remnants of the foundation of the 1841 structure.

Along with the mill structure remnant, the current park site consists of a paved parking lot in fair to poor condition, unpaved paths, park furnishings and signage, trees, and grassland.

It is currently difficult to use this space for its intended park use with the current design.

On July 18, 2023, City Council adopted the Site Development Plan for Vallejo Mill Historical Park and found that the project is exempt from review under the California Environmental Quality Act (CEQA). Staff then proceeded to refine the design and prepare construction and bid documents for the public bidding of the project.

The Vallejo Mill Historical Park Pickleball and Dog Park Project incorporates pickleball courts and a dog park, addressing the community’s interests as noted above. Construction for this project is scheduled to begin in January 2024, and to be completed by Summer 2024 barring unforeseen conditions and weather delays.

DISCUSSION/ANALYSIS: The proposed site development improvements include the addition of a dog park in a natural setting with existing trees, with bark mulch surfacing, four feet height fencing, and park user and maintenance access gates and entry areas. The plan also includes four new pickleball courts, including sports court lighting. The existing park driveway and entrance will be maintained at the same location and will terminate at a new vehicle driveway roundabout that meets emergency vehicle requirements. Existing parking area will be replaced with four new pickleball courts and new parking stalls are proposed to be in front of the dog park and visible and accessible from the Niles Canyon Road (State Route 84) frontage. New parking will include ADA accessible stalls and provisions for a future EV charger.

Additional park improvements include perimeter fencing and gates to discourage vehicular access into the natural areas of the park. Other featured plan improvements include ADA compliant walkways, new park furnishings, including benches, trash and recycling receptacles, drinking fountains, park rules signage, and security and pathway lighting from the pickleball courts to the parking stalls. The plan also includes the location for a vault toilet restroom. The vault toilet is planned as a separate, funded capital project that will commence immediately following the completion of this project.

The plan identifies two to three existing small trees to be removed and replanted to facilitate the new design. These proposed tree removals will be mitigated with new tree

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planting. The remainder of the park site will remain undeveloped and addressed as a future planning and design effort as identified in the City’s Parks and Recreation Master Plan.

The site of the historic mills and remaining foundation is well over 300 feet from the proposed improvements and will not be altered as part of this project. This project will comply with City standard development requirements as described in Fremont Municipal Code section 18.218.050, including but not limited to biological survey, air quality standards, construction related emissions, cultural and tribal cultural resources, geology and soils review, hazardous materials, and noise mitigation.

Bid Results: The project was advertised for bid on September 19, 2023, with a second advertisement on September 26, 2023. On October 18, 2023, the City received and opened twelve bids. The lowest bid, submitted by Guerra Construction Group, was $1,918,288.00* (Base Bid). The Bid Results are as follows:

Bidder Base Bid Amount

1. Guerra Construction Group $1,918,288.00*

2. Silicon Valley Paving, Inc. $1,960,467.00

3. Radius Earthwork, Inc. $1,997,913.50

4. Redgwick Construction $2,027,287.00

5. GradeTech, Inc. $2,032,679.20

6. Robert A. Bothman Construction $2,094,910.00

7. Mark Lee & Yong Kay, Inc. DBA Bay Construction Co. $2,230,000.00

8. Azul Works $2,341,272.00*

9. QLM, Inc. $2,415,042.98*

10. Joseph J. Albanese, Inc. $2,463,050.00

11. Rodan Builders $2,477,390.00

12. Interstate Grading and Paving, Inc. $2,544,340.00

* Bid is mathematically corrected

City Estimate $1,895,200.00

Project Cost and Funding:

Estimated Project Costs:

Construction Base Bid $ 1,918,288.00
Alternate #1 – (Sidewalk Required by code) 116,005.00
15% Construction Contingency 305,143.95
Construction Contract Subtotal 2,339,436.95

10% Estimated Const. Management, Inspection & Administration 233,943.70 10% Estimated Const. Close Out Fee and Design Contingencies 233,943.70

Estimated Total Project Costs $2,807,324.35

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Sources of Funding
Currently Budgeted:

Vallejo Mill Historical Park Project (PWC 9090-540) $ 1,557,000.00 Less project expenses to-date (as of 10/9/2023) 356,908.52 Remaining Available Funds 1,200,091.48

Proposed Reallocations:

Parks Project Cost and Scope Contingency (PWC 8101-540) 693,233.00 Capital Replacement for Parks Project (PWC 8501-501) 500,000.00 Security for Parks Project (PWC 8671-540) 214,000.00
Security for Parks Project (PWC 8671-541) 200,000.00
Total Reallocated Funds 1,607,233.00

Estimated Total Sources $2,807,324.48

Based on the project’s remaining planned expenditures, there is a funding shortfall of $1,607,233. This amount is a result of adding the following items not considered in the original budget to the scope of the project:
• $116,000 for Alternate #1 - Pedestrian Concrete Paving (Sidewalk Connection to Mission Blvd.). This was identified to be required per code and City standards • $550,000 for electrical services and transformer requirements in the park and lighting for pickleball courts
• $150,000 for concrete perimeter fencing and gates
• $80,000 for site and utility work required for the future vault toilet In addition to the added scope of work items, the remaining balance of the shortfall results from inflationary construction costs currently being experienced across the industry.

Staff proposes to address the shortfall by reallocating funds from the following sources:
• Parks Project Cost and Scope Contingency. The remaining balance of $100,887 will be available to other park projects that may experience fund shortfalls. • Capital Replacement for Parks. The remaining balance of $2,488,181 is allocated for specific parks capital maintenance and construction projects. • Security for Parks Project. The funding in PWC 8671 from Security for Parks is $414,000 and its entire use is appropriate given that the use of updated concrete fencing at Vallejo Mill Historic Park is located next to a state highway.

FISCAL IMPACT: The Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project was funded in the FY 2023/24–2027/28 Capital Improvement Plan at $1,507,000, and an additional $50,000 was allocated from the Parks Emerging Projects Contingency by the City Manager to facilitate preparation of bid documents. As discussed above, staff is recommending reallocation of $1,607,233 from the Parks Project Cost and Scope Contingency, the Capital Replacement for Parks project, and the Security for Parks project to address the shortfall in funding.

ENVIRONMENTAL REVIEW: The proposed improvements to the existing Vallejo Mill Historical Park are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis:

(1) CEQA Guidelines Section 15301 (Existing Facilities), as the project would involve minor alterations to an existing park facility, involving a negligible expansion of use. The proposed

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alterations would not expand the boundaries of the park site and would be contained within previously improved areas of the park. The introduction of dog park and pickleball facilities would not be an expansion of use as the park has been historically utilized for recreational activities. Per General Plan Parks and Recreation Element Table 8-4, Historic Parks are anticipated to include “limited active recreation, such as hard surface playing courts, such as pickleball, basketball, and tennis courts and multipurpose sports fields for informal "pick-up" games and practice activities” and “passive recreation, such as picnicking, strolling, and informal play,” such as a dog park;

(2) CEQA Guidelines Section 15304 (Minor Alterations of Land), as the project would invo lve the minor alteration of improved park land with new landscaping. The project would replace existing lawn and paved areas within the park with a mulched dog park area and a sports court surface. Existing damaged paving and driveway area would be replaced with new paved surfaces;

(3) CEQA Guidelines Section 15311(b) (Accessory Structures), as the project would involve the replacement of an existing small parking lot with a new parking lot built to a similar capacity. The improved parking area would not significantly expand capacity;

The project would not create significant effects more severe than analyzed in the prior EIR because the project does not substantially alter the physical characteristics or use of the site. The project site is identified as a Historic Park in the Parks and Recreation Element of the Fremont General Plan and has been operated in a manner consistent with the Historic Park designation. The proposed park improvements would involve the construction of a small number of pickleball courts and a dog park area within the existing park boundaries.

These new facilities would be consistent with Table 8-4 of the Parks and Recreation Element, which anticipates “limited active recreation, such as hard surface playing courts (basketball, tennis, etc.) and multipurpose sports fields for informal "pick -up" games and practice activities” and “passive recreation, such as picnicking, strolling, and inform al play” as base facilities for a historic park. There have been no major physical changes to the circumstances under which the park improvements would be undertaken, as the park has not been physically altered since the adoption of the General Plan.

There would not be the potential for environmental effects peculiar to the project or to the project site. The improvements to the site would take place in previously improved and disturbed areas of the park that are currently utilized for parking, site circulation and passive recreation. The formal delineation and striping of the parking area and the programming of active uses (pickleball and dog park) would be a negligible expansion of the existing park use. The park improvements are located a significant distance (over 300 feet) from the remnants of the Vallejo Mill and therefore would not have the potential to impact the historic resource. The potential for encountering cultural resources, particularly those related to the historic operation of the Vallejo Mill, during construction activity would be addressed through the uniform application of the standard development requirements in Fremont Municipal Code (FMC) Chapter 18.218. Previous archaeological investigations of the

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site did not encounter any cultural resources. FMC Chapter 18.218 also provides standard development requirements that address any potential impact to special-status species and air quality related to construction.

There does not appear to be any new information of substantial importance that would suggest that a new or more substantial environmental effect would result from the proposed improvements. Regarding the change in analysis of transportation impacts in CEQA under SB 743, the Vallejo Mill Historic Park would continue to be operated as a local serving public facility, and the new improvements are anticipated to result in a reduction of vehicle miles travelled in the community due to increased local access to recreational opportunities.

In summary, there are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR nor any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIR or that cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. None of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The improved park would be consistent with existing park operations and the Historic Park designation in the General Plan. As discussed above, no substantial changes in circumstances have occurred that were not fully envisioned in the General Plan EIR and no new information of substantial importance exists that suggests that there would be a new or more substantial environmental effect.

ATTACHMENTS: None.

LINKS: http://www.fremont.gov/government/departments/parks-planning-design/design- projects/vallejo-mill-pickleball-and-dog-park

RECOMMENDATIONS:

2. Approve the Plans and Specifications for the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).

4. Reallocate $693,233 from the CIP Cost and Scope Contingency (PWC 8101-540), $500,000 from the Capital Replacement for Parks project (PWC 8501-501), $214,000 from the Security for Parks project (PWC 8671-540) and $200,000 from the Security for Parks project (PWC 8671-541) to the Vallejo Mill Historical Park Conversion Pickleball and Dog Park Project (PWC 9090).

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5041) DOC ID: 5041
Updated: 11/8/2023 9:48 AM by Susan Gauthier Page 1
SERVICE AGREEMENT FOR FIREFIGHTER MEDICAL EXAMS – Award the Contract to Life Scan Wellness Centers and Authorize the City Manager to Issue a Service Agreement for Firefighter Medical Examinations in an Amount Not to Exceed $750,000.

Contact Persons:

Name: Donna Do Heather Mozdean
Title: Management Analyst II Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]

Executive Summary: The City issued a request for proposals (RFP) to conduct Firefighter Medical Examinations for the Fire Department. The purpose of this report is to facilitate the award of the contract and authorize the City Manager, or designee, to execute a five-year service agreement with Life Extension Clinics, Inc. dba Life Scan Wellness Centers in an amount not to exceed $750,000.

BACKGROUND: Firefighters encounter a range of hazards during their careers. The Fremont Fire Department realizes it’s essential to provide medical exams to protect our personnel from preventable and treatable major medical issues, in line with the recommendations of the National Fire Protection Association (NFPA).

Working in fire and emergency services inherently involves risks that can't be avoided.

Exposure to certain chemicals can increase the risk of specific cancers, the physiological strain of firefighting elevates the risk of cardiac events, and interruptions to circadian rhythms due to middle-of-the-night calls raise the risk of injury from physical exertion.

To comply with NFPA 1852 Standard on Comprehensive Occupational Medical Program for Fire Departments, the Department utilized grant funding from the Assistance to Firefighters Grant (AFG) 2021 Program to provide baseline and annual medical examinations, ensuri ng that our firefighters' health is protected and aligning with our commitment to their safety.

DISCUSSION/ANALYSIS: Medical examinations are crucial for identifying negative health trends in employees, preventing the transmission of communicable diseases, and recognizing potential medical issues early. Thanks to AFG 2021 funding, these tests have proven to be invaluable. They've enabled us to uncover previously undetected anomalies such as abnormal masses, precursors to strokes, aneurysm risks, and lumps. This early detection has led to diagnoses of serious conditions like cancer and aortic enlargement, resulting in prompt and necessary surgeries and treatments.

In our commitment to the health and safety of our staff, the Fire Department has initiated the process of selecting a vendor who will be responsible for conducting comprehensive annual medical examinations to ensure that our staff remain in the best possible health, fully capable of performing their vital roles within the department.

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In September 2023, the City issued RFP #24-011 for firefighter medical exam professional services, receiving proposals from Live Scan Wellness Center, Occu-Med, and Mobile-Med Work Health Solutions. An evaluation team consisting of Fire Suppression and Fire Management staff evaluated the proposals based on the following criteria: 1) Experience, Expertise, and Resources 2) Technical Capability and 3) Cost Proposal. After careful consideration, staff recommends awarding the contract to Life Scan Wellness Centers.

FISCAL IMPACT: The budget allocation for the current-year medical examinations was approved as part of the FY 2023/24 Adopted Operating Budget for the Fire Department. The total amount of the five-year agreement will not exceed $750,000, with an annual not-to- exceed amount of $150,000 per year.

ENVIRONMENTAL REVIEW: The actions recommended in this report are not projects subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as they are administrative activities of government.

ATTACHMENTS: None.

RECOMMENDATION: That the City Council:

1. Find the action is exempt from CEQA review,

2. Award the Contract to Life Scan Wellness Centers, and

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Fremont City Council Meeting: 11/14/23 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5030) DOC ID: 5030
Updated: 11/8/2023 9:31 AM by Susan Gauthier Page 1
2023 CODE UPDATES - HOUSING ELEMENT PROGRAM IMPLEMENTATION - CITYWIDE (PLN2023-00213) - Public Hearing (Published Notice; Display Ad) to consider text amendments to various chapters of Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning), as well as a resolution amending the City’s various design guidelines to include, confirm, and/or clarify objective standards for design review permit approvals pertaining to housing developments, to comply with State law and implement various programs of the City’s 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15262 (Feasibility and Planning Studies), §15268 (Ministerial Projects), §15305 (Minor Alterations in Land Use Limitations), §15311 (Accessory Structures), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Planning Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: The City’s 2023-2031 Housing Element, which is part of Fremont’s General Plan, sets forth housing policies, goals, and objectives for the City and implementation programs to achieve these objectives. Staff is proposing amendments to Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning) to implement the first batch of 14, out of a total of 94, programs from Fremont’s 2023-2031 Housing Element. This report fulfills the City’s obligations required to be completed within 12 months of Housing Element Adoption. Implementation of these programs would allow the City to comply with State housing law and meet its goals to:

1) Help current residents maintain stable and safe housing in Fremont. 2) Promote production of new affordable and market-rate housing. 3) Maximize support and resources for affordable housing production. 4) Address disparities in access to housing and disproportionate housing needs. 5) Maintain a compliant housing element and zoning ordinance.

Compliance with all State law is mandatory, and currently, Staff relies on informational handouts, forms, application materials, and other prescribed processes, to implement and apply recently passed legislation. If approved, the proposed amendments would formally update local regulations to comply with State law and facilitate the production of housing developments, clarify residential development standards, and safeguard affordable housing units in the city.

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Therefore, to be consistent with Fremont’s General Plan and State housing law, including removing constraints and barriers that impede the development of a variety of housing types, Staff requests that the City Council adopt the proposed Ordinance (Attachment A) and Resolution (Attachment B).

On October 26, 2023, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0, with one commissioner absent, to recommend that the City Council adopt the proposed ordinance and resolution.

BACKGROUND:

The Housing Element
Since 1969, the State of California requires that all local governments adequately plan to meet the housing needs of everyone in the community. To meet this requirement, local governments adopt a “housing element” as part of their general plan, which is a bluepri nt for meeting the community’s long-term vision for the future. Housing elements consist of several major components, including community engagement, needs assessment, constraints analysis, and affirmatively furthering fair housing. Additionally, local governments are required to set forth a schedule of actions to implement various programs—informed by goals, policies, and objectives—in their housing elements to address the housing needs of all economic segments. As such, the housing element is a key planni ng document for local governments.

On January 10, 2023, the Fremont City Council voted unanimously to adopt the 2023–2031 Housing Element for Fremont. Shortly after its adoption, the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and certification. HCD is responsible for reviewing every housing element in the state and determining whether the housing element complies with State law. On March 22, 2023, HCD certified Fremont’s 2023–2031 Housing Element.

The purpose of Fremont’s 2023-2031 Housing Element is to meet the housing needs of everyone in the Fremont community over the next eight years. The Housing Element creates a framework of goals, policies, and programs which respond to:

• The community’s values, concerns, priorities, and vision regarding housing; • The community’s housing needs;
• The constraints to housing in Fremont; and
• The community’s fair housing challenges.

The 2023-2031 Housing Element includes key policy commitments including updat ing the City’s ordinances and standards to allow for more housing development and streamlined permitting processes for housing projects. The City’s Housing Element implementation programs play a vital role in helping California meet its housing needs. For this reason, State housing law includes a number of enforcement mechanisms to ensure that the City complies with the Housing Element Law and implements its Housing Element. For example, a non-compliant Housing Element can result in ineligibility or delay in receiving State funds, financial penalties, legal ramifications, and/or loss of local land use authority.

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To comply with the Housing Element Law and related commitments made to HCD in connection with its certification of the Housing Element, the City needs to carry out and implement certain programs, including Programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91, before January 10, 2024.1 Implementation of the subject programs requires text amendments to Fremont Municipal Code (FMC) Title 17 (Subdivisions) and Title 18 (Planning and Zoning). Staff prepared the proposed text amendments (2023 Code Update) with the intent and interest of implementing changes in State housing law and fulfilling the City’s Housing Element commitments. Staff requests that the Planning Commission evaluate the 2023 Code Update and recommend the proposed amendments to the City Council.

Community Outreach
The 2023-2031 Housing Element was shaped by over a year of community and stakeholder input and engagement. In preparing the 2023-2031 Housing Element, Staff strived to facilitate meaningful public participation from all segments of the community, particularly those with special housing needs. Attachment E summarizes the thorough community engagement efforts that went into developing the City’s Housing Element goals and programs. The community outreach included presentations to the City’s various boards, commissions, committees, and Council. In addition, Staff also conducted additional outreach efforts, including but not limited to, engaging in listening sessions, hosting panels and workshops, and providing office hours. The 2023 Code Update intends to implement the City’s Housing Element commitments, which the community helped inform.

Planning Commission Hearing
On October 26, 2023, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0, with one commissioner absent, to recommend that the City Council adopt the proposed ordinance. There was one public comment on the item and that comment was in support of the proposed amendments. The Planning Commission asked a few clarifying questions on topics such as supportive and transitional housing, accessory dwelling units, Senate Bill 9, program implementation timeline, and recent bills signed by the Governor. For more information, please see Attachment F for the Draft Planning Commission Meeting Minutes.

DISCUSSION/ANALYSIS:

The proposed FMC text amendments (2023 Code Update) would update Title 17 (Subdivisions) and Title 18 (Planning and Zoning) to implement Programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91 from the City’s adopted and certified 2023-2031 Housing Element, as further detailed in Table 1 below and in Attachments C and D to this report. Implementation of the subject programs would align the City’s Planning and Zoning Ordinance with recent changes in State law. These State laws were enacted to effectively facilitate the development of affordable housing, shared-living residences, supportive and transitional housing, and “missing middle” housing.

Table 1 lists the programs that are the subject of the 2023 Code Update.

Table 2 notes the FMC parts that are primarily affected by the 2023 Code Update.

1 The subject programs need to be implemented within 12 months from the date the 2023 -2031 Housing Element was adopted.

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Table 1
Housing Element Programs – 2023 Code Update

1. Program 16. Mandatory Replacement of On-Site Units.

2. Program 17. Develop and Refine Objective Design Standards Consistent with State Law to Provide a Predictable Basis to Review Housing Projects.

3. Program 18. Develop Objective Findings for Residential Projects.

4. Program 32. Expand Homeownership Opportunities within Existing Highest Resource Neighborhoods.

5. Program 34. Eliminate Parking Requirements in TOD Areas.

6. Program 36. Update Mixed-Use Zoning Standards.

7. Program 37. Update Zoning to Reflect Intensity Permitted Under SB 478.

8. Program 44. By Right Approval of Projects with 20% Affordable Units.

9. Program 45. Update Zoning to be Consistent with State Density Bonus Law.

10. Program 46. Offer Additional Flexibility in Satisfying Open Space Requirements.

11. Program 69. Address Zoning Barriers to Create Housing Opportunities for People with Disabilities.

12. Program 74. Address Zoning Barriers for Low-Barrier Housing Navigation Centers and Emergency Shelters.

13. Program 76. Remove Zoning Barriers for Supportive and Transitional Housing.

14. Program 91. Audit Warm Springs Innovation District for General Plan and Zoning Consistency.

Table 2
Category FMC Reference Synopsis
Definitions
• 18.25 – Definitions
Definitions are amended, repealed, or
expanded to promote consistency with
State law and precision in the
interpretation of the Planning and Zoning
Ordinance.

Zoning Districts
• 18.43 – City Center
Districts
• 18.45 – Commercial and
Mixed Use Districts
• 18.47 – Downtown District
Requirements for all residential projects
are updated to require replacement of
any on-site units for housing
developments that involve demolition of
existing units. Use regulations are
amended to correct, clarify, or include

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• 18.49 – Warm Springs
Innovation District
• 18.90 – Residential
Districts
uses such as emergency shelters,
residential care facilities, and low-barrier
navigations centers as permitted uses in
any residential, mixed use, or
commercial district that allows for
mixed-use residential.

Planned Districts
• 18.110 – P Planned
Districts Repeals FMC §18.110.030 to allow
single-family residential lots to be
developed to the density established by
the City’s General Plan (8.7 dwelling
units per acre). The proposed
amendments also help implement
Program 17, which requires the City to
revise its adopted Design Guidelines,
including those for Small-Lot Single-
Family Residential Developments.

Combining and
Overlay Districts
• 18.137 – Housing Element
Sites Inventory Overlay
• 18.152 – Transit-Oriented
Development Overlay
District
A new overlay, for sites identified in the
City’s Housing Element, is added to
facilitate by-right development of
housing development projects that
comprise 20-percent of the project units
to lower-income households. Minimum
parking requirements for sites within the
TOD are amended to align with State
law.

Other Zoning
Regulations
• 18.153 – Accessory
Structures
• 18.165 – Density Bonus
and Affordable Housing
Incentives
• 18.183 – Parking, Loading
Areas and Vehicle Storage
Other zoning regulations are amended to
update the regulations applicable to
detached accessory structures and
housing developments that utilize
density bonus and preservation of
affordable housing units. In addition,
parking requirements are updated to
exempt qualifying projects from
minimum parking requirements.

Special
Provisions
Applying to
Miscellaneous
Uses
• 18.190 – Special
Provisions Applying to
Miscellaneous Uses
Special provisions for miscellaneous uses
are amended to ensure that emergency
shelters, supportive housing, low barrier
navigation centers, and certain
affordable housing projects can be
processed by-right, in consistency with
State law. In addition, new standards

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are added to facilitate small housing
development projects (3 to 10 units).

Permitting
Procedures and
Requirements
• 18.235 – Design Review
Permits
• 18.265 – Reasonable
Accommodations for
Persons with Disabilities
Design review permitting procedures are
amended to streamline qualifying
projects under state law. Findings are
amended to include objective findings for
projects that comply with all objective
General Plan, Zoning, and Community
Plan standards.

General Plan Conformance
The proposed amendments would be consistent with the General Plan and the following goals and policies contained in the Land Use and Housing Elements:

Land Use Element Implementation 2-2.5.A: Zoning Update.

Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form-based approach to regulating development in City Center and the Town Centers. The update should reflect best practices in zoning, including the use of form-based codes, and should explore innovative and creative ways to achieve a more pedestrian-friendly and sustainable land use pattern.

At the same time, the update should also address zoning “fundamentals” such as definitions, allowable densities and floor area ratios, height and bulk controls, and the use of overlays to achieve place specific objectives.

Housing Element Goal 2: Help Current Residents Maintain Stable and Safe Housing in Fremont
Lower-income Fremont residents are at risk of displacement to a greater extent than lower - income residents in Alameda County overall. Displacement can have a range of negative effects at the individual, household, community, and regional levels. Often, individuals and households that are displaced must move further from their places of work, established childcare arrangements, and social support networks, while children in displaced households may experience a disruption in schooling. Widespread displacement often exacerbates inequalities in access to opportunity and patterns of segregation as lower-income households are increasingly excluded from higher-cost areas. In cities where residents have been displaced, these trends can have a negative impact on the economic, racial, ethnic, and social diversity of the local population. Goal 2 focuses on preserving the ability of Fremont residents to stay housed within the community.

Housing Element Goal 3: Promote Production of New Affordable and Market-Rate Housing
Fremont has adequate General Plan land use designations and zoning in place to meet the community’s RHNA targets. However, significant barriers exist to develop enough new housing, in particularly affordable housing, to meet the community’s needs. Goal 3 focuses on removing the barriers to the production of affordable and market rate housing in Fremont.

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Housing Element Goal 4: Maximize Support and Resources for Affordable Housing Production
Construction of affordable housing generally requires large subsidies from Federal, State, County or local government sources in order to be financially feasible, yet there is not nearly enough funding available to subsidize all of the affordable housing needs in the region. The lack of available resources is a significant barrier to the production of affordable housing. Goal 4 focuses on maximizing resources, streamlining processes, and providing incentives to encourage the production of affordable housing.

Housing Element Goal 5: Address Disparities in Access to Housing and Disproportionate Housing Needs
Disparities in housing access and quality exists in Fremont, particularly among low -income people of color. Residents of color are more likely to experience homelessness, cost-burden, and overcrowding. Residents of color are also more likely to be renters than homeowners, which contributes to their disproportionate housing instability. Goal 5 focuses on meaningful actions to address the factors that detract from fair housing access within Fremont.

Housing Element Goal 6: Maintain a Compliant Housing Element and Zoning Ordinance
Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Policy 2.03: Prevent Direct Displacement from New Development Policy 3.01: Implement Clear Regulations and Standards that Reflect the Community’s Priorities.

Policy 3.03: Promote Housing Development in Highest Resource Neighborhoods.

Policy 3.04: Intensify Residential Development within Urban Neighborhoods.

Policy 4.01: Provide Zoning Incentives for Affordable Housing Production Policy 5.01: Expand Housing Opportunities for People with Disabilities Policy 5.02: Provide Services, Shelter, and a Pathway to Permanent Housing for Unhoused Residents
Policy 6.01: Maintain Consistency with Regional and State Housing Plans and Laws.

Analysis
The Housing Element is a mandatory element of the General Plan, and it includes State- approved policies and programs to increase housing opportunities in the city. California Government Code §65585(i) requires that the City implement all new housing laws, and noncompliance may result in the State revoking certification of the City’s 2023-2031 Housing Element. Programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91 were included as Housing Element implementation actions to capture changes in State law not

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yet reflected in the City’s Planning and Zoning Ordinance. The purpose of this 2023 Code Update is to align the FMC with recently passed State legislation and to provide more clarity to the public, staff, and decision-makers when applying regulations to housing development projects and residential uses. Please see the Program Implementation – Analysis Matrix (Attachment D) for an overview of recent State legislation and a summary of the proposed amendments.

Staff has made a good faith effort to prepare the text amendments to be in complete compliance with State law; however, State legislation is complicated and nuanced, primarily because of the annual changes enacted by the Legislature. As such, many of the bills informing the proposed amendments are still being interpreted throughout the State. Future amendments and interpretations of the law are likely, which could result in the need to modify the proposed amendments or other areas of the FMC. Staff will monitor amendments and new interpretations of the law and bring forward any future amendments to City codes, as necessary.

Findings for Approval
In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. Pursuant to FMC §18.225.060, having received the recommendation of the Planning Commission, the City Council must make the findings specified in FMC §18.225.050 and provided below:
(1) The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.

Analysis: The proposed amendments would be consistent with the General Plan Land Use Element because: 1) The proposed amendments would address zoning fundamentals by enhancing definitions, update the City’s land use regulations to achieve consistency with State law, and support compatible land uses; and 2) The proposed amendments would also help implement Programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91 from the City’s 2023-2031 Housing Element, which is part of Fremont’s General Plan.
(2) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendments would further the public interest, convenience and general welfare of the city because: 1) The proposed amendments would implement the City’s Housing Element, which is part of the City’s General Plan; 2) The proposed amendments would ensure that the City’s planning and zoning regulations comply with State law; 3) The proposed amendments would provide for zoning district uses and development standards that are relevant to current development trends, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents; 4) Two-Unit Developments and Small-scale Multifamily are a form of “affordable by design” or “missing middle” housing, in that this form of housing is simpler and smaller than traditional single-family homes, that can help individuals more easily access job-rich, high-opportunity areas; and 5) Supportive and transitional housing, emergency shelters, and low-barrier navigation

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centers help people with disabilities and those experiencing homelessness receive immediate basic services, live independently in the community, and gain access to permanent housing

FISCAL IMPACT:

There are costs associated with implementation of many Housing Element programs. For those programs that are continued from the previous Housing Element, costs are already annually incorporated into the City’s operating budget and are funded from various sources, including the Community Planning Fee paid by building permit applicants; affordable housing funds; grant funds; and General Fund resources allocated to the Planning Division.

New programs in the Housing Element can also be largely accommodated from these sources. More importantly, having a certified Housing Element has a beneficial fiscal impact because it makes the City eligible for multiple State funding streams for purposes such as long-range planning, affordable housing, and public works/ transportation.

ENVIRONMENTAL REVIEW: The proposed text amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1. §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023-2031 Housing Element and would not approve any development.

2. §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or §15162 [Subsequent EIRs and Negative Declarations] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendments do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and many of the proposed amendments are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

3. §15262 [Feasibility and Planning Studies] in that the proposed amendments may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions.

4. §15268 [Ministerial Projects] in that the proposed amendments are necessary to implement the provisions of Government Code §§ 65852.21 and 66411.7 and are statutorily exempt from the requirements of CEQA.

5. §15305 [Minor Alterations in Land Use Limitations] in that proposed tex t amendments potentially initiate minor alterations in the City’s land use regulations,

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but that do not result in any changes in land use or density. Additionally, the proposed amendments include changing local City land use regulations as needed to comply with State law.

6. §15311 [Accessory Structures] in that proposed text amendments potentially initiate construction or conversion of small structures in a residential zone.

7. §15378 [Project] in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS:
• Ordinance
• Resolution
• Exhibit A to Resolution
• Program Implementation - Analysis Matrix
• 2023-2031 Housing Element - Community Outreach
• Planning Commission Meeting - Draft Minutes

RECOMMENDATIONS:

1. Hold public hearing.

3. Find that the proposed amendments are consistent with the General Plan.

5. Introduce an ordinance approving amendments to FMC Title 17 (Subdivisions) and Title 18 (Planning and Zoning).

7. Direct Staff to document the above written findings and recommendation of the Planning Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.

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ATTACHMENT A
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ORDINANCE NO. ____ - 2023

AN ORDINANCE OF THE CITY OF FREMONT AMENDING VARIOUS
CHAPTERS OF FREMONT MUNCIPAL CODE TITLE 17
(SUBDIVISIONS) AND TITLE 18 (PLANNING AND ZONING) TO
COMPLY WITH STATE LAW AND IMPLMENT PROGRAMS 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, AND 91 OF THE CITY’S 2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA
EXEMPTION (PLN2023-00213).

WHEREAS, the City occasionally initiates amendments to the Fremont Municipal Code (FMC) to clarify, add, or amend certain provisions to ensure that the local regul ations remain current with Federal and State law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling ec onomic opportunities for workers and businesses, worsening poverty and homelessn ess, and undermining the state’ s environmental and climate objectives” (Government Code §65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and hou sing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Government Code §65589.5.); and WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49
th out of the 50 states in hous ing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires that the City to adopt a Housing Element for the eight-year pe riod 2023-2031 to acc ommodate the City’s regional housing need allocation (RHNA) of 12,897 housing units, comprised of 3,640 very- low income units, 2,096 low-income units , 1,996 moderate-income units, and 5,165 above moderate-income units; and
WHEREAS, State law requires that the City take meanin gful steps to promote and affirmatively further fair housing (Government Code §65583(c)(5)); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Government Code §§ 65583.2 and 65583(c)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and

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WHEREAS, the City contracted with a CEQA consultant to analyze the appropriate CEQA determinations for the proposed Housing Element, as attached in Exhibit B, which, together with other evidence in the record as a whole demonstrates that th e proposed Housing Element update is exempt from the requirements of the California Environmental Quality Act (CEQA) and/or that no further environmental review is required; and
WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a Ge neral Plan Amendment to update the Housing Element; and
WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Elem ent and all pertinent maps, documents and e xhibits, including the findings and recommended changes made by HCD, the City’s response to HCD’s findings, public comments, and the Planning Commission’s reco mmendation, and adopted the Hosing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, HCD certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and WHEREAS, State law requires that the City review its Hous ing Element as frequently as appropriate to evaluate the progress of the C ity in implementation of its Housing Element (Government Code §65588); and
WHEREAS, the proposed FMC amendments to Title 17 (Subdivisions) and Title 18 (Planning and Zoning) are intended to implement the requirements of State law; and WHEREAS, on October 26, 2023, the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and reco mmended that the City Council adopt the proposed FMC amendments to Title 17 (Subdivisions) and Title 18 (Planning and Zoning); and
WHEREAS, a Staff Report, recommending approval of the proposed FMC amendments to Title 17 (Subdivisions) and Title 18 (Planning and Zoning), was submitted to the City Council; and
WHEREAS, on ____________________, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

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SECTION 1. FMC §17.20.620, AMENDED
FMC §17.20.620 is amended to read as follows:

17.20.620 Lot combinations.

When a property owner of two or more contiguous lots desires to combine the lots, or is compelled to combine the lots due to public policy or ordinance, the property owner shall file a lot combination application with the planning manager. The application shall consist of a plat of the properties to be combined, with as many copies as may be required by the planning manager.

If the manager finds that the proposed lot combination is in conformance with the general plan, the zoning ordinance and the city’s development policies, the manager may shall approve the lot combination.

Upon approval of the lot combination, the property owner shall record the notice of approval for the lot combination with the county recorder. A copy of the recorded document shall be filed with the planning manager. Failure to record the lot combination shall be cause for the denial of any project dependent on the lot combination.

The above procedures for lot combinations shall not apply to parcel mergers as addressed in Sections 17.20.530 through 17.20.610.

SECTION 2. FMC §18.25.213, AMENDED
FMC §18.25.213 is amended to read as follows:
“Assisted living facility” shall mean any facility licensed or proposed to be licensed by the state of California as a continuing care retirement community, residential care facilities for the elderly, or skilled nursing health facility.

SECTION 3. FMC §18.25.1030, AMENDED
FMC §18.25.1030 is amended to read as follows

18.25.1030 Emergency shelters.
“Emergency shelter” is defined by Cal. Health & Safety Code § 50801(e) and also includes other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. Emergency shelter does not include: (a) transitional housing;1 or (b) temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief program is provided. Emergency shelters are governed by Section 18.190.150.

Cal. Health & Safety Code § 50801(e) is reprinted here for reference:

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“‘Emergency shelter’ means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time.

SECTION 4. FMC §18.25.1060, AMENDED
FMC §18.25.1060 is amended to read as follows:

18.25.1060 Family.
“Family” shall mean:
(a) One person living alone;
(b) Two or more persons living together who have made social, economic, and psychological commitments to each other and who const itute a bona fide sing le housekeeping unit.

Family includes the residents of residential care facilities and group homes for people with disabilities.

SECTION 5. FMC §18.25.1793, ADDED
FMC §18.25.1793 is added, in numerical order, to Chapter 18.25, Definitions, to read as follows:

18.25.1793 Low-barrier navigation centers (LBNC).
“Low-Barrier Navigation Centers” (LBNC) is defined in Government Code Section 65660, as may be amended, and reprinted here for reference:
“Low-barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low-barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

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SECTION 6. FMC §18.25.2408, AMENDED
FMC §18.25.2408 is amended to read as follows:

18.25.2408 Residential care facilities for the elderly. “Residential care facilities for the elderly” is defined by Cal. Health & Safety Code § 569.2(p)(1) and does not include other types of residential care facilities, including residential care facilities for developmental disabilities, substance abuse treatment, or mental illness. Residential care facilities for the elderly are governed by Section 18.190.026.

Cal. Health & Safety Code § 1569.2(p)(1) is reprinted here for reference:
“Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Cal. Health & Safety Code § 1569.316.
“Residential care facilities” shall mean any family home, group care facility, or similar facility that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

SECTION 7. FMC §18.25.2410, REPEALED
FMC §18.25.2410 is repealed as follows:

18.25.2410 Residential care facilities, special Repealed. “Special residential care facilities” means any state authorized, certified or licensed family care home, foster home or group home serving six or fewer persons with disabilities, children, or the elderly that provide care on a 24-hour-a-day basis.

SECTION 8. FMC §18.25.2601, ADDED
FMC §18.25.2601 is added, in numerical order, to Chapter 18.25, Definitions, to read as follows:

18.25.2601 Single housekeeping unit.
“Single housekeeping unit” shall mean one or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening

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meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

SECTION 9. FMC §18.25.2860, REPEALED
FMC §18.25.2860 is repealed as follows:

18.25.2860 Target population.
“Target population” is defined by California Government Code Section 65582Cal. Health & Safety Code § 53260.

California. Health & Safety Government Code Section 65582(i)§ 53260 is reprinted here for reference:
“‘Target population’ means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.”
This paragraph is advisory only and not intended to deviate from state law as it may be amended from time to time.

SECTION 10. FMC §18.43.070, AMENDED
FMC §18.43.070 is amended to read as follows:
(a) General Requirements. All property subject to the city center code shall comply with the following provisions as applicable pursuant to Section 18.43.030:
(1) The standards of this chapter and those specific standards of the applicable zone identified in Figure 18.43.050;
(2) The requirements for processing of applications in Chapter 18.235 (Design Review Permits);
(3) Section 18.183.020 (When off-street parking is required); (4) Sections 18.183.110(c) through (k) (Development and maintenance of parking and loading areas);
(5) Section 18.183.120 (Parking spaces accessible to disabled people);

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(6) Section 18.183.172 (Car share and electric vehicle spaces); (7) Section 18.183.174 (Electric vehicle charging stations); (8) Section 18.183.175 (Tandem parking spaces for residential uses); (9) Section 18.183.176 (Mechanical parking systems);
(10) Section 18.183.178 (Parking garages – Above and below grade). (b) Open Space Requirements. As required by the building placement standards of the applicable zone, open space shall be provided as follows:
(1) Required Open Space. Required open space shall be distributed throughout the site as follows:
(A) At least 50 percent of required open space is to be adjacent to a streetscape with a minimum dimension of 50 feet in width along the streetscape and shall be accessible to the general public;
(B) No more than 25 percent of required open space may be on the roof(s); (2) Required Private Open Space. Required private open space shall be provided in the form of balconies, roof decks or ground floor patios as follows, unless otherwise specified through review and approval of a design review permit (DRP):
(A) At least 50 square feet per dwelling;
(B) If the private open space is adjacent to a sidewalk or other circulation path, the private open space shall be defined by a low wall and/or a terrace which may include a porch;
(C) Common open space may be substituted for the required private open space by a ratio of 2:1 (e.g., 100 square feet of common open space may be substituted for 50 square feet of required private open space); (3) (All open space shall be designed to enhance or complement the architectural design and ground floor frontages of adjacent buildings; (4) All open space shall be designed to generate the urban environment envisioned in the city center community plan;
(5) All open space shall be designed to not create a security or physical hazard to pedestrians or motorists;
(6) All open space shall be designed to provide visual interest year-round;

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(7) All open space shall be designed to utilize water conservation methods and drought-tolerant planting.
[All subdivisions to follow remain unchanged]
SECTION 11. FMC TABLE 18.43.120, AMENDED
FMC Table 18.43.120 is amended to update the “Residential” uses as follows:

Table 18.43.120
Permitted, Conditionally Permitted, and Prohibited Uses in City Center Zones Use 2012 NAICS2 Zones Specific Use Requirements/Notes

CC-TN CC-UO CC-UN
Residential
Emergency shelters1 P P P Section 18.190.150
Live/work units1 P3 P3 P3 Section 18.190.290
Low-barrier navigation centers1 P P P Section 18.190.295 Multifamily including units
within mixeduse1 buildings
excluding townhouse1,
listed below
P P P Detached units not allowed
Special Rresidential care
facilities1
P P P Section 18.190.465
Supportive1 and/or
transitional housing1
P P P Section 18.190.527
Townhouse1 Z Z Z Detached units not allowed
[All other portions of the table remain unchanged]
SECTION 12. FMC §18.43.130, REPEALED AND REPLACED
FMC §18.43.130 is repealed and replaced as follows:

18.43.130 Parking standards.
(a) Minimum Parking Required. Required parking may be located off site up to 600 feet from the site for residential parking and up to 1,250 feet from the site for nonresidential parking when:
(1) The remote parking complies with the site requirements of the zone; and

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(2) The applicant provides the city with a valid off-site parking agreement pursuant to Section 18.183.070 stating that the owner of the remote site authorizes such activity. Shared parking is permitted, but not required, as part of the off-site parking agreement. When shared parking is not part of the off-site parking agreement, an exclusive use parking shall be required at a minimum and up to the maximum as provided in Table 18.43.130(a) and Table 18.43.130(b).

Table 18.43.130(a)
City Center – Office and Urban Neighborhoods
Type of Use Minimum
(Nonexclusive Use)
Minimum
(Exclusive Use) Maximum
Assembly Uses 1 space/5 seats 1 space/4 seats 1 space/3 seats Commercial Uses (nonhealthcare) 2.25 spaces/tgsf 3.3 spaces/tgsf 5 spaces/tgsf Healthcare Uses 3.3 spaces/tgsf 4 spaces/tgsf 5 spaces/tgsf Residential Uses 0.75 space/dwelling unit 1 space/dwelling unit 2 spaces/dwelling unit Table 18.43.130(b)
City Center – Transit Neighborhood
Type of Use Minimum
(Nonexclusive Use)
Minimum
(Exclusive Use) Maximum
Commercial Uses (nonhealthcare) 1.5 spaces/tgsf 2 spaces/tgsf 3.3 spaces/tgsf Residential Uses 0.50 space/dwelling unit1 0.75 space/dwelling unit 1 space/dwelling unit Note: “tgsf” = thousand gross square feet
(b) Minimum Parking Not Required.
(1) No minimum parking is required on Bay Area Rapid Transit (BART) district- owned parcels that are subject to the TOD zoning standards in California Public Utilities Code Section 29010.6.
(2) No minimum parking is required for projects that meet the parking exemptions provided in Chapter 18.183.

SECTION 13. FMC §18.45.040, AMENDED
FMC §18.45.040(b) is amended to read as follows:
(c) Mixed-Use Standards.
(1) A mixed-use development must include a substantial commercial component. At least 50 percent of the total ground floor building area that is located within 50 feet of the street frontage shall be designated for commercial and/or office uses.

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For mixed-use developments on corner lots, the minimum commercial floor area requirement shall be applied separately to each street frontage; however, this requirement may be modified to only apply to the street frontage located on a Main Street or Urban Corridor (Place Types) or with the highest multimodal traffic volume, subject to approval of a design review permit. Additionally, mixed-use developments shall maintain commercial and other active uses along all frontages designated as a main street or urban street corridor as shown in the general plan community character element and place types manual and comply with the storefront review requirements in Section 18.190.525.

Notwithstanding the foregoing, the otherwise required minimum commercial component of a mixed-use development can be reduced or waived if a concession is requested for such project in accordance with Chapter 18.165, Density Bonus and Affordable Housing Incentives.
(2) The minimum depth of commercial space shall be 50 feet. Where other functional or structural elements of a building design (e.g., stairs, elevators, fire equipment, bearing walls) preclude a 50-foot uniform depth, the approval body may allow for an exception to lessen the depth along up to 20 25 percent of the linear frontage of total commercial space provided. Unless infeasible due to existing lot dimensions or conditions, Ddepths less than 30 feet shall be avoided or repurposed so as not to create undesirable commercial spaces. A discretionary design review permit pursuant to Chapter 18.235 shall be required in instances where the storefront will be less than 50 feet in depth.
(3) The remainder of floor area from that set aside for the commercial portion of the development may be used to create residential units.
(4) Multifamily residential development within a mixed-use development shall be governed by objective standards with respect to lot, siting, architectural, and site design standards for portions of the development not located along the commercial street frontage, and with respect to provision of private and common open space and private storage, by the multifamily (R-3) residential district most similar in nature and function to the residential portion of the mixed-use development.
[All other subdivisions of this section remain unchanged] SECTION 14. FMC TABLE 18.45.060-1, AMENDED
FMC Table 18.45.060-1 amended to update the “Residential” uses as follows:

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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012 NAICS 2
Zones Specific Use
Requirements/ Notes C-O C-N C-G C-R MX TC-P TC-T
Residential
Emergency shelters1 CP CP C -- CP CP CP Not permitted in a special flood hazard
area;
Section 18.190.150
Live/work units1 -- -- -- -- Z(*) Z(*) Z Section 18.190.290 (*) Not allowed along
main street corridor
frontages as shown in
the community character
element
Low-barrier navigation centers1 P P P P P Section 18.190.295 Residential, as component of
mixed-use project only

C C -- -- P P P
Residential care facilities, special1 P P -- -- P P P W ithin residential units only. Commercial
building conversion not
permitted.

Section 18.190.465
Supportive1 and/or transitional
housing1
P(*) P(*) -- -- P 3 P 3(*) P (*) Allowed only as a
component of a mixed-
use project.

Section 18.190.527
[All other portions of the table remain unchanged]
SECTION 15. FMC TABLE 18.47.050
FMC Table 18.47.050 is amended to update the “Residential” uses as follows:

Table 18.47.050
Permitted, Conditionally Permitted, and Prohibited Uses in Place-Type Zones Use 2012 NAICS 2
Zones Specific Use
Requirements/ Notes D-CA D-MD D-E D-CC
Residential
Emergency shelters1 P P P -- Section 18.190.150
Live/work units1 -- C C -- Section 18.190.290
Low-barrier navigation centers1 P P P -- Section 18.190.295 Multifamily, including units within mixed-use1 buildings P-UFO P P -- Special rResidential care facilities1 P-UFO P P -- Section 18.190.465 Supportive1 and/or transitional housing1 P-UFO P- UFO P-- --

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Use 2012 NAICS 2
Zones Specific Use
Requirements/ Notes D-CA D-MD D-E D-CC
Townhouse1 -- P -- --
[All other portions of the table remain unchanged]
SECTION 16. FMC TABLE 18.47.080, AMENDED
FMC Table 18.47.080 is amended to add a row for “Projects Near Transit-Oriented Development” under the “Parking and Circulation” category, as follows:

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
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
Projects Near
Transit-Oriented
Development
See Chapter 18.183
SECTION 17. FMC §18.47.090, AMENDED
FMC §18.47.090(e) is amended to read as follows:
(e) Private Open Space. Each unit shall have at least one private open space area contiguous to the individual dwelling unit that allows the occupant of the unit private use of an outdoor

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space, except that no private open space area sh all be required for an individual dwelling unit within the D-CA. Unless otherwise specified through the design review permit, private open space shall be provided as follows:
(1) Balconies (above ground level): minimum 48 square feet, the least interior dimension of which is six feet; or
(2) Patios (at ground level): minimum 80 square fe et, the least interior dimension of which is eight feet; or
(3) Common open space may be substituted fo r the required private open space at a ratio of 2:1 (e.g., 160 square feet of common open space may be substituted for 80 square feet of required ground-level private open space.

SECTION 18. FMC TABLE 18.49.040(A), AMENDED
FMC Table 18.49.040(a) is amended to update the “Residential” uses, as follows:

Table 18.49.040(a)
Permitted, Conditionally Permitted, and Prohibited Uses in WSI District Planning Areas WSI District
Planning Area >
2012
NAICS2 WSI-1 WSI-2 WSI-3 WSI-4 WSI-
4A WSI-5 WSI-6 WSI-7 WSI-8 WSI-9 WSI-
10 Specific Use
Regulations/Notes

RESIDENTIAL
Day care homes,
large and small
- -P - -P P P - -P - -P - -P - -P - -P P - -P
Emergency
shelters1 except
when located within
a special flood
hazard area1
CP - -P CP CP - -P - -P - -P - -P CP CP - -P Section 18.190.150 Low-barrier
navigation centers1
P P P P P P P P P P P Section 18.190.295
Live/work units1 - -P - -P P P - -P - -P - -P - -P - -P P - -P Section 18.190.290 Multifamily
including units
within mixed-
use1 buildings
- -P - -P P P - -P - -P - -P - -P - -P P - -P
Special rResidential
care facilities1
P- - P- - P P P- - P- - P- - P- - P- - P P - - Section 18.190.465 Supportive
and transitional
housing1
- -P - -P P P - -P - -P - -P - -P - -P P - -P
[All other portions of the table remain unchanged]

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SECTION 19. FMC §18.90.030, AMENDED
FMC §18.90.030 is amended to add subdivision (u) as follows:
(u) A “housing development project,” as defined in Government Code Section 65905.5, as may be amended, shall not demolish any residential units unless it complies with the requirements specified in Government Code Section 66300, as may be amended.

SECTION 20. FMC TABLE 18.90.040, AMENDED
FMC Table 18.90.040 is amended as follows:

Table 18.90.040
R-1 and R-2 District1 Development Standards
Zoning District1,10
Development Standard
(measurement)
R-1-6
R-1-6
Glenmoor
Gardens2
R-1-8
R-1-8
Mission
Palms
R-1-8
Mission
Ranch3
R-1-10 R-1-20 R-1-40 R-24
Exceptions,
Adjustments
and
References
Minimum lot area1 (square feet) Single-family 6,00015 6,00015 8,00015 8,00015 8,00015 10,00015 20,00015 40,00015 6,00015 Duplex 8,0005 8,0005 10,0005 10,0005 10,0005 12,0005 20,0005 40,0005 8,000 Minimum street frontage1 (feet)

Regular lot1 35
Flag lot1 26 – 26 – – 26 26 26 – 18.190.165
Minimum lot width1 Interior (feet) 55 55 70 70 75 80 100 150 70 Corner (feet) 65 65 80 80 80 90 110 160 80
Minimum lot depth1 (feet) 100
Minimum front yard1 depth (feet) 20 20 25 25 25 25 35 40 25 18.170.030 Minimum rear yard1 depth One story1 (feet) 25 25 25 25 25 30 40 50 25 18.170.050 Two story1 (feet) 25 – 30 30 30 35 40 50 25
Minimum
interior side
yard1 depth6,7
First story1 Minimum (feet) 5 5 7 7 7 8 10 20 7 18.170.040 Total (feet) 12 12 16 16 16 20 25 45 16
Second story1 Minimum (feet) 6 – 8 8 8 10 10 20 8 18.170.040 Total (feet) 15 – 20 20 20 20 25 45 20
Solar setback Minimum (feet) Varies – Varies 18.186
Minimum street side yard1 depth on corner lots1 (feet) 10 10 12.5 12.5 12.5 12.5 17.5 20 12.5 18.170.040 Maximum building
height1
Principal
structure1
One story1 (feet) 17 178 17 178 178 17 17 17 17

18.170.020
Two story1 (feet) 30 – 30 278,9 278,9 30 30 30 30
Maximum height above grade for finish floor level
(first story1 over basement)9 (inches) 28 28 28 28 28 28 28 28 28

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Zoning District1,10
Development Standard
(measurement)
R-1-6
R-1-6
Glenmoor
Gardens2
R-1-8
R-1-8
Mission
Palms
R-1-8
Mission
Ranch3
R-1-10 R-1-20 R-1-40 R-24
Exceptions,
Adjustments
and
References
Roof pitch9, 14(rise: run) Minimum 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 Maximum 7:12 5:12 7:12 5:12 5:12 7:12 7:12 7:12 7:12
Maximum lot coverage1 for first story1 (includes
garage area), as a percentage of lot area 40 40 40 [Footnote 11]
[Footnote
12] 40 40 40 40
Maximum size of second story (or understory on a
downhill lot) (as a percentage of first story area, not to exceed specified square footage)13
50%
or
1,000
s.f.
max.
–
50% or
1,250
s.f.
max.
[Footnote
11]
[Footnote
12]
50% or
1,500
s.f.
max.
50% or
3,000
s.f.
max.
50% or
6,000
s.f.
max.
50%
or
1,000
s.f.
max.

Accessory dwelling units See Section 18.190.005
Accessory structures1 See Chapter 18.153
Fences1 and hedges1 See Chapter 18.171
1 Term is defined in Chapter 18.25.
2 See the Objective Design Standards in the Glenmoor Gardens Design Guidelines. 3 See the Objective Design Standards in the Mission Ranch Design Guidelines. 4 Standards listed are for development of duplex units . Single-family residences may utilize R-1-6 standards; however, this may preclude subsequent duplex development. 5 Duplexes are only permitted on corner lots.
6 Rear and side yards may be substituted for one another, except that on a corner lot such substitution shall be made only between a rear yard and an interior side yard. 7 For combination one- and two-story structures, the on e-story portion of the structure shall meet the one- story setback requirements and the two-story portion of the structure shall meet the two-story setback requirements. In no case shall the total side yard setback for combination one- and two-story structures be less than that required for a one-story structure only. The wider setback shall be on the two-story side. 8 For Glenmoor Gardens, Mission Ranch, and Mission Palms, height is measured from grade to the top of the roof ridge.
9 Does not apply when matching existing conditions.
10 Development standards for R-1-X districts were speci fied at the time of district establishment but are subject to the lot coverage and maximum second story size standards of the district closest in size to the actual lot size as well as the solar setback requirements. No new R-1-X zones are permitted. 11 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. The overall square footage of a two-story home is limited to 35 percent of the lot area. The square footage of the second story is limited to 60 percent of the square footage of the first story, or 1,000 square feet, whichever is less.
12 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. A two-story home is only possible if the first floor lot coverage first reaches 22 percent but does

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not exceed 30 percent. The overall square footage of a two-story home, however, then becomes limited to 30 percent of the lot area.
13 Second story may have an area up to the lesser of 50 percent of the first floor area and the floor area of any attached garages or 1,000 square feet in R-1-6 zoning district, 1,250 square feet in R-1-8 zoning district, 1,500 square feet in R-1-10 zoning district, 3,000 square feet in R-1-20 zoning district, 6,000 square feet in R-1-40 zoning district, and 1,000 square feet in R-2 zoning district. The second-story limitations shall not apply to a project that involves a second story that is converted from an attic or constructed in a way that the second-story floor area is located within the slope of the roof system over the first floor. 14 Roof pitch standard may be adjusted through a discretionary design review permit. 15 To allow for densities permitted by the General Plan, new residential development on lots that are less than 6,000 square feet may utilize the objective standards provided in the City’s design guidelines for “Small- Lot Single-Family Residential Developments.
[All other portions of this table remain unchanged]
SECTION 21. FMC §18.90.050, AMENDED
FMC §18.90.050 is amended to read as follows:
[Subdivisions (a) through (c) remain unchanged]
(d) Lot Standards.
(1) Purpose and Intent. The minimum lot size, width, and frontage standards for new lots ensure that development on a lot will be able to comply with all site development standards. The standards also prevent the creation of very small lots that are difficult to develop at their full density potential. (2) Pursuant to California Government Code Section 65913.11, as may be amended, minimum lot standards shall not apply for existing lots where a small-scale multifamily housing development project is proposed. See Section 18.190.522 for regulations pertaining to small-scale multifamily housing development projects. [Subdivisions (e) through (f) remain unchanged]
(g) Open Space Areas.
(1) Purpose and Intent. Open space areas shall be provided for the use of all residents within the development. Open space is important to provide areas for use by residents outside of the priv ate units, either ou tdoor or indoor, to provide a semi- private transition area between private re sidences and the public domain, and to ensure that adequate facilities exist for th e use of residents outside of the private units. Open space areas are comprised of common and private open space. (A) Common Open Space1.

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(i) Common open space may include, but is not limited to, rooftop gardens, indoor recreation facilities, landscaped spaces designed for active use, and other creative spaces.
(ii) Common open space shall be accessible to all residents within the development and provided with ameniti es or facilities likely to be utilized by anticipated residents, such as swings, pools, barbecues, tables and benches.
(iii) Common open space area shall ha ve a minimum dimension of 15 feet.
(iv) Common open space areas shall not be located within any required setback.
(v) Small development sites of 12 units or less may be exempted from providing common open space when exceeding private open space area standards.
(B) Private Open Space

1. Each dwelling unit should have at least one private
open space area contiguous to the individual dwelli ng unit that allows the occupants of the unit the privat e use of an outdoor space. Common open space may be substituted for the required private space at a ratio of 2:1 (e.g., 120 square feet of common open space ma y be substituted for 60 square feet of required private open space).
[All subdivisions to follow remain unchanged]
SECTION 22. FMC TABLE 18.90.080, AMENDED
FMC Table 18.90.080 is amended as follows:

Table 18.90.080
Allowed Land Uses and Permit Requirements for Residential Zoning Districts Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use
Regulations
Accessory or ancillary use1 A A A A
Agriculture1, except for the raising of animals or fowl for commercial purposes, or for sale of any products at retail on premises

Z Z - -
Ambulance service2 621910 C C C C
Children’s nursery school1 C C C C 18.190.400
Civic and social organizations2, except those operated as a business for profit
813410 C C C C

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Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use
Regulations
Club, community1, and other noncommercial recreation areas and facilities, such as country clubs and golf courses
C C C C 18.190.050

18.190.090

18.190.530
Continuing care retirement communities1 and residential care facilities for the elderly1
C C P P 18.190.026
Day care homes, family1 (small and large) P P P P
Commercial uses - - C 4 C 4
Duet dwelling1 - P P/Z 3 P/Z 3 18.90.050(i)

18.90.070(c)
Duplex or two-family dwelling1 P on
corner
lots
P P/Z 3 P/Z 3 18.90.050(i)

18.90.070(c)
Dwelling group1 Z Z - - 18.190.130
Elementary and secondary schools1 C C C C
Emergency shelters1 CP CP CP CP 18.190.150
Guesthouses1 A - - - 18.190.205
Home occupation1,7 A A A A 18.190.240
Junior accessory dwelling units A A A 3 A 3 18.190.005 Live/work units1 - - C - 18.190.290
Low-barrier Navigation Centers1 P P P P Section

18.190.295
Meal service facility1 accessory to a public or quasi-public use, except when located within a special flood hazard area1

C C C C
Multiple dwellings, including attached or detached townhome style units, and apartment efficiency or single room occupancy units
1 - - P P
Nursing care facilities (skilled nursing facilities)2 6231 - C with less than 15 patient beds
C C 18.190.410
Nursing homes or convalescent hospital, licensed1 - C with less than 15 patient beds
C C 18.190.410
Public or quasi-public use1 not including:
corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use
C C C C 18.190.025
Residential care facilitiesy, special1 P P P P 18.190.465 Rooming and boarding of not more than two persons per dwelling unit

A A A A
Rooming and boardinghouses1 - C 5 C C
Single-family dwelling1 P P P/Z 3 P/Z 3 18.90.050(i)

18.90.070(c)
Skilled nursing health facilities1 - C with less than 15 patient beds
Z Z 18.190.026
Accessory dwelling units A 6 A 6 A 3,6 A 3,6 18.190.005 Swimming pools, private (exclusively for use by residents and guests)
A A A A 18.190.530

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Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use
Regulations
Supportive housing1 P 5 P 5 P P 18.190.527
Supportive services for on-site supportive housing1 A A A A 18.190.527 Transitional housing1 P 5 P 5 P P
Two-Unit Developments and/or Urban Lot Splits P - - - 18.190.007 Urban agriculture, low-impact1 P P P P 18.190.015
Urban agriculture, high-impact1 Z Z Z Z 18.190.015
Use determinations, land (See 18.250.030) P/Z/C P/Z/C P/Z/C P/Z/C [All other portions (e.g., footnotes) of the table remain unchanged] SECTION 23. FMC §18.110.030, REPEALED
FMC §18.110.030 is repealed as follows:

18.110.030 Small lot residential developments.

For the purposes of this section, “small lot residential development” shall mean a subdivision containing six or more lots that are generally between 4,000 square feet and 6,000 square feet in size.
(a) A small lot residential development shall be evaluated for consistency with the adopted “Design Guidelines for Small-Lot Single-Family Residential Developments” through a planned district rezoning process.
(b) Minimum Lot Size. The minimum lot size for a small lot residential development shall be 4,000 square feet unless 100 percent of the units are available at an affordable housing cost to low and moderate income persons and households (as defined in Cal. Health & Safety Code § 50093 as amended from time to time).
(c) The P district shall establish provisions for minimum private open space on each lot and shall identify the type of accessory structures, if any, allowed within this space. (d) The P district shall also establish if any additions to main buildings are permitted. If additions are not permitted, a deed restriction shall be recorded at the time of the final map as well as noted in the conditions of approval for said P district. (e) Maximum Height. The maximum building height for a small lot residential development shall not exceed 30 feet.
(f) Land Uses. In the absence of specifically adopted P district land use and permit requirements, the allowed land uses and permit requirements for residential lots within

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small lot residential developments shall be as provided for R-1 districts in Table

18.90.080.

SECTION 24. FMC CHAPTER 18.137, ADDED
FMC Chapter 18.137, Housing Element Sites Inventory Overlay is added, as follows:

Chapter 18.130
(HESI) Housing Element Sites Inventory Overlay

18.137.010 Purpose.

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.

18.137.020 Definitions.
(a) Affordable housing. “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. “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 Division 13 (commencing with Section 21000) of the Public Resources Code. (c) Housing Element Sites Inventory Overlay. “Housing Element Sites Inventory (HESI) Overlay” shall mean a zoning overlay for sites that meet the qualifying factors stated in Government Code Section 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. “Lower income households” means “the same as the term is defined in the California Health and Safety Code.

18.138.030 Assurance of Affordability.

Affordable housing units developed under this chapter shall comply with the provisions specified in Chapter 18.155, Affordable Housing.

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18.138.040 Permitted Uses.

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.

18.138.050 Objective Standards.
(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 subdivisions (a) and (b), 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.

18.138.060 Permits Required.
(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.

18.138.070 Permitted Density and Intensity.

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.

18.138.080 Relationship with State Densit y Bonus Law and Other State Laws. (a) The HESI Overlay allows a density increase for affordable housing developments as permitted by California Government Code Section 65915 et. seq. (b) In the event of any inconsistency or discrepancy between this chapter and State law, State law shall govern.

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SECTION 25. FMC §18.152.070, REPEALED AND REPLACED
FMC §18.52.070 is repealed and replaced to read as follows:

18.52.070 Parking.
(a) Automobile Parking.
(1) Pursuant to California Government Code Section 65863.2, as may be amended, minimum automobile parking requirement on a residential, commercial, or other development “project” shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Public Resources Code 21155, as may be amended. Exceptions to this parking exemption and voluntary parking requirements are set forth in Chapter 18.183, Parking, Loading Areas and Vehicle Storage.
(2) For the purposes of this subdivision, “project” shall have the same meaning as defined in California Government Code Section 65863.2, as may be amended, and printed here for reference:

“Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. (b) Bicycle Parking. Notwithstanding subdivision (a) of this section, bicycle parking shall be provided, in spite of no minimum automobile parking requirements, based on the provisions of Section 18.183.135, Required bicycle parking, as may be amended.

SECTION 26. FMC §18.153.040, REPEALED AND REPLACED
FMC §18.153.040 is repealed and replaced as follows:

18.153.040 Standards for detached accessory structures. (a) General Regulations. Detached accessory structures may be allowed when the following standards are met:
(1) Lot coverage shall not exceed 30 percent of the area of the minimum required rear or side yard in which the structure is placed. Swimming pools are exempt from the coverage limitation.
(2) At least six feet of separation shall be provided between the accessory structure and any other structure on the same property. Increased separation requirements may be applicable to habitable structures as provided in the building and fire

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codes. The separation shall be measured from the exterior surfaces of the walls or support members, with the following exceptions:
(A) A lath-covered structure may be any distance from any other structure; and
(B) A structure not exceeding 120 square feet in floor area, which is not located in a required side yard, may be any distance from any other structure, provided it does not block any required means of egress, light or ventilation; and
(C) Structures may be connected by a breezeway or similar structure. (3) On reverse corner lots, structures within 25 feet of the common property line shall not be placed any closer to the side street property line than the required front yard of the adjoining lot, and in no case shall any part of such accessory structure be nearer to the side street lot line than the least width of the side yard required for the main building to which it is accessory.
(4) Accessory structures located between the front yard setback and the principal structure shall conform to the minimum side yard setback requirements for the principal structure.
(5) The exterior face of the accessory structure wall shall be set back five feet from any property line. Roof eaves or other similar architectural features may project into required yards, subject to Section 18.170.060 and building and fire code requirements, including fire-resistance rating.
(b) Exceptions. Detached accessory structures that satisfy all of the following criteria shall be exempt from the requirements of subdivision (a):
(1) Does not exceed the maximum lot coverage limitations specified in subdivision (a).
(2) Does not exceed a maximum gross floor area of 120 square feet. (3) Does not exceed a maximum overall height of six feet, six inches. (4) Does not include or propose utilities (e.g., electrical, plumbing). (5) Provides a roof with a gutter or has a roof slope that is designed to shed water onto the earth at least one foot from the property line or into an approved drainage system.
(6) Is not located in the front yard or any street-facing side yard. (c) Detached Accessory Structures on Nonresidential Projects and Historic Sites. This section does not apply to nonresidential projects and historic sites. Accessory structures

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on nonresidential sites are subject to applicable building code requirements. Accessory structures on historic sites may be eligible to use historic building codes.

SECTION 27. FMC §18.165.020, AMENDED
FMC §18.165.020 is amended to read as follows:

Whenever the following terms are used in this chapter, they shall have the meaning established by this section, which are intended to be compliant with the definitions within Section 65915 through 65918 of the California Government Code, as it may be amended from time to time:
“Affordable ownership cost” means a sales price resulting in projected average monthly housing payments during the first calendar year of a household’s occupancy, including interest, principal, mortgage insurance, property taxes, homeowners’ insurance, homeowners’ association dues, if any, and a reasonable allowance for utilities, property maintenance and repairs, not exceeding the following:
(1) Moderate income units: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent and divided by 12. (2) Lower income units: 70 percent of the area median income for households whose income exceeds the maximum limit for very low income households, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (3) Very low income units: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

The city may determine sales prices of target units by any reasonable method so long as average monthly housing payments of eligible households do not exceed those permitted by this definition.
“Affordable rent” means monthly housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:
(1) Very low income units: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (2) Lower income units: 60 percent of the area median income for households whose income exceeds the maximum limit for very low income households, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. “Area median income” means area median income for Alameda County as published pursuant to California Code of Regulations Title 25, § 6932, or successor provision. “Assumed household size” means one person in a studio apartment, two persons in a one- bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom.

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“Child care facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
“Commercial development” means a construction project for nonresidential uses. “Commercial development bonus” means a modification of development standards mutually agreed upon by the city and a commercial developer that is provided to a commercial development eligible for such a bonus pursuant to Section 18.165.045. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
“Common interest development” is as defined in Cal. Civ. Code § 4100. “Density bonus” means a density increase over the otherwise allowable maximum residential density for a housing development or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. “Density bonus housing agreement” means a recorded agreement between a developer and the city as described in Section 18.165.100 to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish the number of target units, their size, location, terms and conditions of affordability, and production schedule. “Density bonus units” means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site.
“Development standard” means a site or construction condition that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution, or regulation. A “site and construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a housing development, including but not limited to a height limitation, a minimum lot area per unit requirement, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio.
“Housing development” means a construction project on contiguous lots that are the subject of one development application, consisting of five or more residential units, including single-family and multifamily units, for sale or for rent. For the purposes of this chapter, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section

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4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. This definition includes a “shared housing” project as defined in California Government Code Section 65915. “Incentives or concessions” means such regulatory concessions as listed in Section 18.165.080. “Lower income household” means households whose income does not exceed the low income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50079.5.
“Major transit stop” is as defined in Public Resources Code Section 21155, and means an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes each with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than 25 percent of their area farther than one-half mile from the stop and if not more than 10 percent of the residential units or 100 units, whichever is less, in the housing development are farther than one-half mile from the stop.
“Market-rate units” means all units within a housing development except target units. “Maximum residential density” means the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the general plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the general plan, the land use elementgreater density shall prevail. [All other following definitions/text to remain unchanged] SECTION 28. FMC §18.165.030, AMENDED
FMC §18.165.030 is amended to read as follows:
(a) Subject to the findings included in Section 18.165.090, the city shall grant a 20 percent density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following and any additional replacement housing units required by subsection (d) of this section:

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(1) Ten percent of the total units of the housing development as target units affordable to lower income households; or
(2) Five percent of the total units of the housing development as target units affordable to very low income households; or
(3) A senior citizen housing development. The density bonus for a senior citizen housing development is limited to 20 percent of the number of senior housing units.
(b) Subject to the findings included in Section 18.165.090, the city shall grant a five percent density bonus to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units in the housing development as target units for sale to moderate income households at an affordable sales price; and (2) The housing development is a common interest development; and (3)(2) All of the dwelling units in the housing development are offered to the public for sale.
[Subdivisions (c) through (j) remained unchanged]
(k) The following tables summarize this information, and is intended to be compliant with California Government Code Section 65915 et seq., as may be amended:

Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
% Target Units
Required for
Maximum 50%
Bonus
Very Low Income 5% 20% 15%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
10% 32.5%
11% 35%
12% 38.75%
13% 42.5%
14% 46.25%
15+% 50%
Low Income 10% 20% 24%
11% 21.5%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
% Target Units
Required for
Maximum 50%
Bonus
12% 23%
13% 24.5%
14% 26%
15% 27.5%
16% 29%
17% 30.5%
18% 32%
19% 33.5%
20% 35%
21% 38.75%
22% 42.5%
23% 46.25%
24+% 50%
Very Low or Low Income 100% 80% 80%1
Moderate Income (for-sale common interest development
only)
10% 5% 44%
11% 6%
12% 7%
13% 8%
14% 9%
15% 10%
16% 11%
17% 12%
18% 13%
19% 14%
20% 15%
21% 16%
22% 17%
23% 18%
24% 19%
25% 20%
26% 21%
27% 22%
28% 23%
29% 24%
30% 25%
31% 26%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
% Target Units
Required for
Maximum 50%
Bonus
32% 27%
33% 28%
34% 29%
35% 30%
36% 31%
37% 32%
38% 33%
39% 34%
40% 35%
41% 38.75%
42% 42.5%
43% 46.25%
44+% 50%
Senior Citizen Housing Development 100% 20% of senior units only
–
Units Designated for Transitional Foster Youth, Disabled Veterans, or Homeless Persons
10% (Designated units must also be affordable
to very low income households)
20% of designated
units only
–
Note: No density bonus may be granted unless replacement affordable units are provided as required in subsection (d) of this section. 1 No maximum density shall be required for a housing development project that meets 100% affordability requirements of Section 65915(b)(1)(G) and that is built within one half mile of a major transit stop as defined by subdivision (b) of Section 21155 of the Public Resources Code or is located in a very low vehicle travel area as defined by subdivision (o) of Section 65915 of the California Government Code. The applicant shall also receive a height increase of up to three additional stories, or 33 feet.

Incentives/Concessions Summary Table
Target Group Target Units
Very Low Income 5 10% 15% Projects with
at least 80%
low income
and no more
than 20%
moderate
income
Low Income 10 17% 24%
Moderate Income (for-sale common interest development only) 10 20% 30% Lower income students in a student housing development 20% Maximum Incentive(s)/Concession(s) 1 2 3 4
Notes:

1. Incentives may be selected from only one category (very low, low, or moderate).

2. No incentives are available for land donation or for a senior citizen housing development (if not affordable).

3. Condominium conversions and day care centers may have one incentive or a density bonus at the city’s option, but not both.

4. No incentives or concessions may be granted unless replacement affordable units are provided as required in subsection (d) of this section.

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SECTION 29. FMC §18.165.075, AMENDED
FMC §18.165.075 is amended to read as follows:
(a) If a housing development is eligible for a density bonus, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following ratios:
(1) Zero to one bedroom: one on-site parking space.
(2) Two to three bedrooms: one and one-half on-site parking spaces. (3) Four and more bedrooms: two and one-half parking spaces. (b) For certain other housing developments that are eligible for a density bonus, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the ratios shown in the following table. However, if the city, at its cost, has conducted an areawide or citywide parking study in the last seven years, then the city may find, based on substantial evidence, that a higher parking ratio is required than shown in the following table. In no event may the required parking be greater than the ratio provided in subsection (a) of this section. The parking study must conform to the requirements of Cal. Gov’t Code § 65915(p)(7).

Type of Development Maximum Number of Required Off-
Street Parking Spaces
Rental or ownership housing development with:

1. At least 11 percent very low income or 20 percent lower income units OR at least 40% moderate income units; and *SB290

2. Within one-half mile of a major transit stop; and

3. Unobstructed access to the major transit stop.

0.5 per bedroomunit
Rental housing development with:

1. All units affordable to lower income households except manager’s unit(s); and

2. Within one-half mile of a major transit stop; and

3. Unobstructed access to the major transit stop.
0 per unit
Senior citizen rental housing development with:

1. All units affordable to lower income households except manager’s unit(s); and either

2. Has paratransit service; or

3. Is within one-half mile of fixed bus route service that operates eight times per day, with unobstructed access to that service.
0 per unit
Special needs rental housing development as defined in Section 51312 of the Health and Safety Code with:

1. All units affordable to lower income households except manager’s unit(s); and either

2. Has paratransit service; or

3. Is within one-half mile of fixed bus route service that operates eight times per day, with unobstructed access to that service.

0.3 per unit
(c) If the total number of parking spaces required for a development by this section is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

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(d) Religious Institution Affiliated Housing Project. Parking requirements for a religious institution affiliated housing development projects are as provided in California Government Code Section 65913.6. Religious institution/assembly parking may count towards religious institution/assembly affiliated housing parking requirements. Up to 50% of proposed religious institution/assembly parking spaces may be eliminated as a part of a religious institution/assembly affiliated housing development project. The elimination of religious use parking spaces pursuant to a religious institution affilitated housing development project that has been approved does not constitute a concession pursuant to California Government Code Section 65915. The reduction in parking spaces shall not reduce the minimum parking standards of a religious institution affiliated housing development project below one space per unit. The request to share parking is exempt from discretionary permit review or modification, and exempt from non- conforming regulations.

This shall not apply to a religious institution affiliated housing development project if either of the following is true:
(1) The parcel is located within one half mile walking distance of either a high- quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(2) There is a car share vehicle located within one block of the parcel.

SECTION 30. FMC §18.165.090, AMENDED
FMC §18.165.090 is amended to read as follows:
[Subdivisions (a) through (c) remained unchanged]
(d) If a request for a concession or incentive is otherwise consistent with this chapter, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of one of the following:
(1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs. (2) The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. (3) The concession or incentive is contrary to state or federal law.

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(e) If a request for a waiver or modification is otherwise consistent with this chapter, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of one of the following:
(1) The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. (2)(1) The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (3)(2) The waiver or modification is contrary to state or federal law, which may include a finding that the development standards for which the waiver is requested would not have the effect of physically precluding the construction of the housing development with the density bonus and incentives permitted. [All following subdivisions remained unchanged]
SECTION 31. FMC §18.183.020, AMENDED
FMC §18.183.020 is amended to read as follows:

18.183.020 When off-street parking is required.

In connection with every use, there shall be provided at the time any building or structure is erected, or is enlarged, or whenever a change in use creates an increase in the number of parking spaces required, off-street parking spaces for vehicles in accordance with the requirements herein.
(a) Where a change of use is involved for any lot, structure or building for which parking was not required by ordinance upon the commencement of use of such lot, structure or building, parking shall be provided for the new use based on the difference between the parking requirements for the new use as set forth in Section 18.183.030 and that which would have been required for the previous use if that use would have been subject to the requirements of Section 18.183.030 at the time of its commencement. (b) Where a building addition is proposed for an existing building for which parking was not required at the time of construction, the required parking for the addition shall be based on the floor area or other basis of measurement prescribed by Section 18.183.030 for the proposed addition.
(c) Where off-street parking was provided in the absence of any ordinance requirement, such parking shall remain and additional off-street parking shall be provided as required by subsections (a) and (b) of this section. In such instances the overall off-street parking requirements shall not exceed the number of spaces prescribed by Section 18.183.030.

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(d) Exemptions.
(1) Single-Family Dwellings. Additions to existing single-family dwellings shall not be required to comply with subdivision (b) of this section. (2) Projects Near Transit-Oriented Development. Pursuant to California Government Code Section 65863.2, as may be amended, minimum automobile parking requirement on a residential, commercial, or other development project shall not be imposed or enforced if the project is within one-half mile of public transit, as defined in Public Resources Code 21155, as may be amended. Any residential parking voluntarily provided within one-half mile of a public transit may be “unbundled,” in that the parking shall not be required by the City to be included in the purchase price of the residential unit. (e) Exceptions to Projects Near Transit-Oriented Development. (1) The City may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of qualified public transit, as defined in California Public Resources Code 21155, as may be amended, if the City makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(A) The City’s ability to meet its share of the regional housing need in accordance with Government Code Section 65584, as may be amended, for low and very low income households.
(B) The City’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of California Government Code Section 65583, as may be amended; or
(C) Existing residential or commercial parking within one-half mile of the housing development project.
(2) Notwithstanding subparagraph (1) of this subdivision, there shall be no requirement or enforcement of any minimum automobile parking for a housing development project, as defined in California Government Code Section 65589.5, that is located within one-half mile of public transit, as defined in California Public Resources Code 21155, as may be amended, and satisfies any of the following:
(A) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
(B) The development contains fewer than 20 housing units.

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(C) The development is subject to parking reductions based on the provisions of any other applicable law.
(3) An exhibition or conference hall (event center) shall provide parking, as required by Chapter 18.183, for employees and other workers.

SECTION 32. FMC TABLE 18.183.030, AMENDED
FMC Table 18.183.030 is amended to amended to clarify the parking requirement for “exhibition or conference without fixed seats” as follows:

Table 18.183.030
Required Parking Spaces
Recreation, Community, Entertainment, and Public/Quasi-Public Uses Use Required Parking Spaces
Exhibition or conference halls1 without fixed seats 10 per KSF area devoted to public assembly or principal activity, unless the use is within one-half
mile of public transit, as defined in California Public Resources Code 21155, then 0.85 per employee and
other worker.
[All other portions of this table remain unchanged]
SECTION 33. FMC §18.190.007, ADDED
FMC §18.190.007 is added, in numerical order, to FMC Chapter 18.190, Special Provisions Applying to Miscellaneous Uses, as follows:

18.190.07 Two Unit Developments and Urban Lot Splits
(a) Purpose. The purpose of this section is to:
(1) Provide objective zoning standards for Two-Unit Developments and Urban Lot Splits within single-family residential zones;
(2) Implement the provisions of state law as reflected in Government Code Sections 65852.21 et seq. and Section 66411.7 et seq., as may be amended; and (3) Facilitate the development of new residential housing units consistent with the City’s General Plan and ensure standards of public health and safety. (b) Definitions. Wherever the following terms are used in this section, they shall have the meaning established by this subdivision:

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(1) “Acting in concert with the owner,” as used in this section, shall mean a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
(2) “Adjacent parcel” shall mean any parcel of land that is:
(A) Touching the project pa rcel at any point;
(B) Separated from the project parcel at any point only by a public right-of- way, private street or way, or public or private utility, se rvice, or access easement; or
(C) Separated from the project parcel only by other real prop erty which is in common ownership or contro l of the applicant.
(3) “Car share vehicle” shall mean a motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.
(4) “Common ownership or control” shall mean property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or fa mily member of an investor of the entity owns ten percent or more of the intere st in the property.
(5) “Lower income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(6) “Moderate income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(7) “Specific adverse impact” shall mean a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
(8) “Sufficient for separate conveyance” shall mean that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

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(9) “Two Unit Development” shall mean a development that proposes no more than two new units or proposes to add one new unit to one existing unit. (10) “Urban Lot Split” shall mean a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this section.
(11) “Very low income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(c) Findings for Denial. In addition to the requirements specified in this section, a proposed Two-Unit Development and/or Urban Lot Split may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed Two-Unit Development and/or Urban Lot Split would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (d) General Regulations. The following regulations apply to both Two Unit Developments and Urban Lot Splits:
(1) Affidavit – Prior Tenancies. If any existing housing is proposed to be altered or demolished, the property owner of the parcel where a Two-Unit Development and/or an Urban Lot Split is proposed shall sign an affidavit, in the form approved by the City, stating that none of the following exist:
(A) Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very low-income;
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(C) Housing that has been occupied by a tenant in the last three years; or (D) The parcel subject to the Two Unit Development and/or an Urban Lot Split is not a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application. (2) Historic District and Properties. Two-Unit Developments and Urban Lot Splits shall not be located within a historic district or property included on the State

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Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City landmark or historic property or historic district pursuant to a City ordinance. (3) Location Criteria. Two Unit Developments and Urban Lot Splits shall be located within in a single-family residential zone or a planned district that allows single- family residential units.
(4) Maximum Number of Units.
(A) No Urban Lot Split. For a parcel where an Urban Lot Split is not proposed or approved, no more than a total of four units of any kind, including accessory dwelling units and junior accessory dwelling units, shall be constructed or maintained.
(B) Urban Lot Split. For a parcel where an Urban Lot Split is proposed or approved, no more than a total of two units of any kind, including accessory dwelling units and junior accessory dwelling units, shall be constructed or maintained on each parcel created by the Urban Lot Split. If there are two existing units of any kind on a lot created by an Urban Lot Split, no additional units of any kind shall be permitted on that lot. (5) Objective Standards. The development proposed on a parcel for a Two-Unit Development or Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
(A) The Zoning Administrator, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this section or would result in a unit size of less than 800 square feet.

Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
(B) Notwithstanding subparagraph (A), the required rear and side yard setbacks shall be a maximum of four feet, except that no setback shall be required for an existing, legally-created structure or a structure constructed in the same location and to the same dimensions as an existing, legally- created structure.

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(6) Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the City shall not require any parking where:
(A) The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
(B) There is a designated parking area for one or more car-share vehicles within one block of the parcel.
(7) Replacement Housing. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
(8) Restricted Areas. Two Unit Developments and Urban Lot Splits shall not be located on a site that is specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4, as may be amended.
(9) Separate Conveyance and Utilities. Proposed adjacent or connected dwelling units, resulting from a Two Unit Development and/or an Urban Lot Split, shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.
(10) Use and Rental Limitations. Dwelling unit(s) created by a Two-Unit Development or parcels created by an Urban Lot Split shall be for residential use(s) only and shall not be used for rentals of less than 30 days. (e) Two Unit Developments. Two Unit Developments shall be subject to the following:
(1) Affordable Housing. Two Unit Developments that comprise a “residential project,” as defined in Chapter 18.155, shall be subject to the City’s Affordable Housing Ordinance (Chapter 18.155), as may be amended.
(2) Demolition of Existing Unit(s). If the parcel on which the Two Unit Development is proposed has been occupied by a tenant in the last three years, the Two Unit Development shall not include the demolition of more than 25 percent of the existing exterior structural walls.

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(3) Design Rules. Two Unit Development shall be subject to the objective design rules provided in the Citywide Design Guidelines, as may be amended. (4) Development Limitations. A Two Unit Development that exceeds the minimum size allowed under Government Code Section 65852.21, as may be amended, shall be subject to the development standards, including but not limited to setbacks, height, size, and second-story square footage, applicable to the parcel as provided in the zoning district in which the parcel is located. (5) Impact Fees. Two Unit Developments are subject to the City’s Impact Fee Ordinance, Chapter 18.290, as may be amended.
(6) Ministerial Review. An application for a Two Unit Development shall be reviewed ministerially, without a hearing, and shall be approved if all the criteria in Government Code Section 65852.21, as may be amended, and this section are satisfied.
(7) Recorded Covenant. Prior to the Final Building Inspection, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City, which shall run with the land and provide for the following:
(A) A limitation restricting the property to residential uses only; and (B) A requirement that any dwelling units on the property shall not be rented or leased for a period of less than thirty (30) days.
(f) Urban Lot Splits. Urban Lot Splits shall be subject to the following:
(1) Compliance with Subdivision Map Act. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act, commencing with Government Code Section 66410, except as otherwise expressly provided in Government Code Section 66411.7, as may be amended. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an Urban Lot Split; however, easements may be required for the provision of public services and facilities.
(2) Criteria. Within the time required by the Subdivision Map Act, the Planning Manager, or their designee, shall determine if the parcel map for the Urban Lot Split meets all the following criteria:
(A) Both resulting parcels are no smaller than 1,200 square feet each.

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(B) Neither resulting parcel shall be smaller than 40 percent of the lot area of the parcel proposed for the subdivision.
(C) The parcel being subdivided was not created by an Urban Lot Split as provided in this section.
(D) Neither the owner of the parcel that is being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel under the authority of this section or Government Code Section 66411.7, as may be amended.
(E) Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way.
(3) Ministerial Review. The Planning Manager, or their designee, shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an Urban Lot Split, and shall approve the application if the criteria in Government Code Section 66411.7, as may be amended, and this section are satisfied.
(4) Nonconformity. The correction of nonconforming zoning conditions may not be required as a condition of approval.
(5) Affidavit – Intent to Occupy. The owner of the property proposed for an Urban Lot Split shall sign an affidavit, in the form approved by the City, stating that they intend to occupy one of the housing units on the newly created parcel(s) as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This requirement shall not apply to an applicant that is:
(A) A “community land trust,” as defined in Revenue and Taxation Code Section 402.1, as may be amended; or
(B) A “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15, as may be amended.
(6) Affidavit – No Prior Urban Lot Split. The owner and/or applicant of the property proposed for an Urban Lot Split shall sign an affidavit stating that neither the owner and/or applicant, nor any person acting in concert with the owner and/or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.

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(7) Recorded Covenant. Prior to the recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City, which shall run with the land and provide for the following:
(A) A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;
(B) A limitation restricting the property to residential uses only; and (C) A requirement that any dwelling units on the property shall not be rented or leased for a period of less than thirty (30) days.

SECTION 34. FMC §18.190.150, REPEALED AND REPLACED
FMC §18.190.150 is repealed and replaced as follows:

18.190.150 Emergency shelters.
(a) Purpose. The purpose of this section is to establish development standards for emergency shelters and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically, California Government Code Section 65583, as may be amended.
(b) Permitted Locations.
(1) Emergency shelters shall be allowed as a permitted use, without a conditional use permit or other discretionary permit, in areas that are zoned for residential, mixed- use, or nonresidential zones permitting multifamily uses. Emergency shelters are also permitted within the I-S district.
(2) Temporary emergency shelters that are operated by a public or quasi-public organization on a given site for no more than one month at a time and no more than four times during a 12-month period may be considered in the R-1 and R-2 districts, subject to a conditional use permit.
(c) Permit Requirements and Procedures.
(1) Ministerial Design Review Permit. Approval of a ministerial design review permit shall be required prior to the establishment of any emergency shelter, including a temporary emergency shelter.
(2) Discretionary Design Review Permit. Approval of a discretionary design review permit shall be required for an emergency shelter that proposes a new structure, site improvements, and/or exterior remodeling of an existing structure.

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(3) Conditional Use Permit Application. When a conditional use is required by this section, said use shall not be established or maintained prior to issuance of a conditional use permit. The application for a conditional use permit shall be in writing and include the requirements specified in Chapter 18.230, Conditional Use Permits, as well as the following information:
(A) Emergency shelter facility and operation description (size, number, and type of accommodations);
(B) The maximum number of occupants/individuals to be served on the site; (C) The amount of open space per occupant proposed, plus total square footage of open space; and
(D) Description and qualifications of the facility operator. (d) Objective Development and Management Standards. In addition to the development standards in the underlying zoning district, emergency shelters and temporary emergency shelters shall comply with the standards set forth in this subdivision. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this subdivision shall apply.
(1) Emergency Shelters.
(A) Client Waiting/Intake Area. The emergency shelter shall provide an on- site client waiting/intake area that is a minimum of 100 square feet. (B) Length of Stay. The emergency shelter shall not allow the length of stay to exceed six (6) months.
(C) Life Safety. The emergency shelter shall comply with applicable State and local uniform housing and building code requirements and regulations. (D) Lighting. The emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. The exterior lighting shall reflect away from residential areas and public streets. (E) Number of Beds. The emergency shelter shall not exceed 100 beds. (F) On-Site Management. The emergency shelter shall provide on-site management personnel at all times.
(G) Parking. The emergency shelter shall provide on-site parking at a rate of at least one space per employee, provided that this standard does not require more parking for the emergency shelters than other residential or commercial uses within the same zone.

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(H) Proximity to Other Emergency Shelters. The emergency shelter shall be a minimum of 300 feet away from any other emergency shelter. (I) Secure Areas. The emergency facility shall provide secure areas for its client to store their personal property.
(J) Security. The facility shall have on-site security during all hours when the shelter is in operation.
(2) Temporary Emergency Shelters. In addition to the provisions of paragraph (1) of this subdivision, temporary emergency shelters that are operated by a public or quasi-public organization are subject to the following requirements:
(A) Accessory Use. The activities of the temporary emergency shelter shall be accessory to and shall not interfere with the principal use of the site. (B) Inspection Required. The temporary emergency shelter shall contact the fire department for inspections before the start of operations to ensure existing emergency equipment is in working condition and to review proposed emergency action plans.
(C) Minimum Site Area. The temporary emergency shelter shall be located on a site is a minimum of one acre.
(D) Number of Beds. The temporary emergency shelter shall not exceed 40 beds.
(E) Minimum Indoor Living Area. The temporary emergency shelter shall provide a minimum of 120 square feet of indoor living area, plus an additional 50 square feet of living area for each additional person over two persons, excluding staff.

SECTION 35. FMC §18.190.295, ADDED
FMC §18.190.295 is added, in numerical order, to Chapter 18.190, Special Provisions Applying to Miscellaneous Uses, as follows:

18.190.295 Low-Barrier Navigation Centers (LBNC)
(a) Purpose. The purpose of this section is to establish development standards for low- barrier navigation centers (LBNC) and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically, California Government Code Section 65660 et seq., as may be amended. (b) Permits Requirements and Procedures. Approval of a ministerial design review permit is required prior to the establishment of any LBNC. Pursuant to California Government Code Section 65943, as may be amended, the City shall notify the applicant for a LBNC

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whether the planning application for a ministerial design review permit is complete within 30 days from the date the application was filed. The City shall take action within 60 days of a complete application being filed.
(c) Development and Operational Standards. A LBNC development shall be a “use by- right,” as defined in California Government Code Section 65583.2., in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if the LBNC satisfies all of the following requirements:
(1) Offers Connected Services. The LBNC offers services to connect people to permanent housing through a services plan that identifies services staffing. (2) Links to a Coordinated Entry System. The LBNC is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. (3) Complies with Welfare and Institutions Code. The LBNC complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(4) Implements a Homeless Management Information System. The LBNC has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

SECTION 36. FMC §18.190.465, ADDED
FMC §18.190.465 is added, in numerical order, to Chapter 18.190, Special Provisions Applying to Miscellaneous Uses, as follows:

18.190.465 Residential care facilities.
(a) Purpose. The purpose of this section is to establish standards for review of residential care facilities, in compliance with state law, including, but not limited to California Government Code Section 65580 et seq. and California Health and Safety Code Section 1500 et seq., as may be amended. As used in this section, “residential care facilities” do not include, and this section does not apply to, any independent living arrangement, supportive housing, or transitional housing.

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(b) Use Parameters. Residential care facilities shall be considered a residential use of property, and except as otherwise set forth in this section, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.
(c) Permit Requirements and Procedures. Residential care facilities shall be permitted and processed in the same manner as a residential use for the underlying zoning district. (d) Development Standards. In addition to the development standards of the underlying zoning district, residential care facilities shall comply with the following standards:
(1) License. As applicable, residential care facilities shall be licensed by the appropriate state or county agency and shall comply with all licensing requirements thereof.
(2) Parking. Residential care facilities shall not require parking that is beyond the requirement for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 18.183, Parking, Loading Areas and Vehicle Storage, shall also apply. (3) Signs. Signs for residential care facilities shall comply with the provisions of Chapter 18.193, Regulations of Signs on Private Property.

SECTION 37. FMC §18.190.522, ADDED
FMC §18.190.522 is added, in numerical order, to FMC Chapter 18.190, Special Provisions Applying to Miscellaneous Uses, as follows:

18.190.522 Small-scale multifamily housing developments. (a) Purpose. The purpose of this section is to implement California Government Code Section 65913.11, as may be amended, to allow for the creation of “small-scale multifamily housing developments,” as defined in this section. (b) Applicability.
(1) Three to Seven Units. For small-scale multifamily housing development projects comprising three to seven units, a FAR standard that is less than 1.0 shall not be imposed.
(2) Eight to Ten Units. For small-scale multifamily housing development projects comprising eight to ten units, a FAR standard that is less than 1.25 shall not be imposed.
(3) Other than zoning or design standards that establish floor area ratios, lot coverage, or lot size requirements that expressly conflict with the California Government Code Section 65913.11, this section shall not be construed to prohibit the City

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from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on small-scale multifamily housing development projects that meet the eligibility requirements provided in this section. (c) Definitions. For the purposes of this section, the following terms shall carry the definitions provided in this subdivision, unless specified otherwise:
(1) “Housing development project” means a housing development project as defined in California Government Code Section 65589.5, as may be amended. (2) “Small-scale multifamily housing development” means a housing development project that meets the eligibility criteria specified in California Government Code Section 65913.11, as may be amended.
(3) “Unit” means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
(d) Eligibility Criteria. To be eligible under the provisions of this section, a small-scale multifamily housing development project shall meet all of the following eligibility criteria:
(1) The project is located on an existing, legal parcel; (2) The project is located in a multifamily residential zone or a mixed-use zone and is not located in any of the following:
(A) A single-family zoning district.
(B) A historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance; and
(3) The project consists of at least three, but not more than ten, units.

SECTION 38. FMC §18.190.527, REPEALED AND REPLACED
FMC Section 18.190.527 is repealed and replaced, as follows:

18.190.527 Supportive and transitional housing.
(a) Purpose. The purpose of this section is to establish standards for supportive housing and to ensure that support housing is constructed and operated in a manner that is consistent with the requirements and allowances of California Government Code Section 65650 et seq., as may be amended.

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(b) Definitions. Wherever the following terms are used in this section, they shall have the meaning established by this subdivision:
(1) “Lower income households” shall have the same meaning as defined in California Health and Safety Code Section 50079.5, as may be amended. (2) “Supportive services” shall have the same meaning as defined in California Government Code Section 65582, as may be amended.
(3) “Target population” shall have the same meaning as defined in Chapter 18.25, Definitions.
(4) “Use by right” shall have the same meaning as defined in California Government Code Section 65583.2(i), as may be amended.
(c) Use by Right. Supportive housing shall be a “use by right” in zones where residential and mixed uses are permitted, including nonresidential zones where multifamily uses are permitted.
(d) Permit Requirements and Procedures.
(1) Ministerial Design Review Permit. Approval of a ministerial design review permit shall be required prior to the establishment of any supportive housing project.
(2) Completeness Determination and Action. The developer of the eligible housing development shall be notified whether the development application is deemed complete within 30 days of the City’s receipt of an application to develop supportive housing. The review of the development application shall be completed within 60 days after the application is deemed complete for a project with 50 or fewer units, or within 120 days after the application is deemed complete for a project with more than 50 units.
(e) Criteria. A supportive housing project shall satisfy all of the following criteria:
(1) Affordability Period. Units within the housing development shall be subject to a recorded affordability restriction for 55 years.
(2) Affordability Requirements. One hundred percent of the units, excluding mangers’ units, within the housing development shall be restricted to “lower income households” and shall receive public funding to ensure affordability of the housing to lower income Californians. The rents in the housing development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
(3) Target Population. At least 25 percent of the units in the housing development or 12 units, whichever is greater, shall be restricted to residents in supportive housing who meet criteria of the “target population.” If the housing development

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consists of fewer than 12 units, then 100 percent of the units, excluding mangers’ units, in the housing development shall be restricted to residents in supportive housing.
(4) Required Documentation. The developer or applicant of the housing development shall provide the City with the information required by Government Code Section 65652, as may be amended.
(5) Nonresidential Floor Area. Nonresidential floor area shall be used for onsite “supportive services” in the following amounts:
(A) Twenty Units or Less. For a housing development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
(B) Twenty-one Units or More. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
(6) Replacement Units. The developer or applicant of the housing development shall replace any dwelling units on the site of the supportive housing development in the manner provided in Government Code Section 65915, as may be amended. (7) Unit Requirements. Units within the housing development, excluding mangers’ units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. (f) Objective Standards. Supportive housing projects shall comply with the written objective standards or policies that apply to other housing development projects within the same zone.
(g) Parking. No minimum parking requirements shall be required for the units occupied by supportive housing residents for housing development projects that are located within one-half mile of a public transit stop.

SECTION 39. FMC §18.235.020, AMENDED
FMC §18.235.020 is amended to read as follows:
(a) Ministerial design review shall be required for the following development projects and uses unless the district regulations require discretionary review, the project requires another discretionary permit from the planning commission, the project is inconsistent with adopted design rules, or the project may affect a potential or designated historic register resource requiring review by the historical architectural review board:

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(1) Single-family homes that would not cause the primary building to exceed 7,500 square feet in area and additions to single-family homes that meet the development standards for the zoning district where they are located and design rules contained in the citywide design guidelines.
(2) Development of industrial buildings and additions within industrial districts. (3) Exterior remodeling (e.g., new windows or doors) and minor additions equal to or less than 10 percent of the existing gross floor area of all other nonresidential buildings.
(4) Other:
(A) Accessory structures.
(B) Accessory dwelling units when consistent with Section 18.190.005. (C) Trash enclosures, recycling and waste collection areas, and compactors. (D) New and reconfigured parking lots, not including routine pavement repair and maintenance involving no alterations to striping, landscaping, or circulation.
(E) Housing developments located within the Housing Element Sites Inventory (HESI) Overlay that provide a minimum of 20-percent of the total project units to lower income households and that do not include a subdivision.
(F) Supportive housing that meets the criteria specified in Section 18.190.527. [All other subdivisions of this section remain unchanged] SECTION 40. FMC §18.235.060, AMENDED
FMC §18.235.060 is amended to read as follows:

18.235.060 Action and findings by approval auth ority – Discretionary design review.

The approval authority may approve, conditionally approve, or deny an application for discretionary design review. The approval authority shall approve or conditionally approve an application for discretionary design review only when all of the following findings can be made:
(a) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines;

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(b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means; (c) The multifamily residential1 project’s architectural, site, and landscape design will not be detrimental to the public health or safety; or a nonmultifamily project’s architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare; and (d) Where HARB review is required, the proposed project is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175. (e) The multifamily residential1 project does not involve the demolition of any residential units unless the project complies with the requirements specified in California Government Code 66300, as may be amended.
(f) The multifamily residential project as defined in California Government Code Section 65905.5, as may be amended, complies with all applicable objective, as defined in California Government Code Sections 65913.4 and 66300, general plan, zoning, and subdivision standards.

SECTION 41. FMC §18.265.070, AMENDED
FMC §18.265.070 is amended to read as follows:
(a) The community development director may approve or conditionally approve a request for reasonable accommodation if all of the following findings can be made:
(1) The housing will be used by a disabled person;
(2) The requested accommodation is necessary to make specific housing available to a disabled person;
(3) The requested accommodation would not impose an undue financial or administrative burden on the city;
(4) The requested accommodation would not requi re a fundamental alteration in the nature of a city program or law, including land use and zoning; and (5) The requested accommodation would not result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhoodbeyond those specified in California Health and Safety Code Section 1267.9.

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SECTION 42. CEQA
The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:
(1) §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to imp lement the City’s 2023-2031 Housing Element and would not approve any development.
(2) §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or §15162 [Subsequent EIRs and Negative Declar ations] in that the proposed text amendments are consistent with the devel opment densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The pr oposed amendments do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substant ially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitig ated by the imposition of uniformly applied development policies or standards applied on a citywide basi s, and many of the proposed amendments are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.
(3) §15262 [Feasibility and Planning Studies] in that the propose d amendments may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions.
(4) §15268 [Ministerial Projects] in that the proposed amendments are necessary to implement the provisions of Government Code §§ 65852.21 and 66411.7 and are statutorily exempt from the requirements of CEQA.
(5) §15305 [Minor Alterations in La nd Use Limitations] in that proposed text amendments potentially initiate minor alterations in the City’s land use regulations, but that do not result in any changes in land use or density. Add itionally, the proposed amendments include changing local City land use regulations as needed to comply with State law. (6) §15311 [Accessory Structures] in that proposed text amendments potentially initiate construction or conversion of small structures in a residential zone. (7) §15378 [Project] in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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SECTION 43. 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 affe ct 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 sec tion or subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, s ubsections, sentences, clauses, or phrases be declared invalid.

SECTION 44. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 45. 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 gene ral 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 Cl erk since at least five days befo re this date of adoption. Within 15 days after adoption of this ordinance, the Ci ty 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.

The foregoing ordinance was introd uced before the City Council of the City of Fremont at the regular meeting of the City Council, held on ____________________, and finally adopted at a regular meeting of the City Council held on ____________________, by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Cit y Attorney

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Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 1 of 4

RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT IMPLEMENTING PROGRAM 17 OF THE 2023- 2031 HOUSING

ELEMENT TO CLARIFY THE OBJECTIVE DESIGN STANDARDS FOR

THE CITYWIDE DESIGN GUIDELINES, GLENMOOR GARDENS

DESIGN GUIDELINES, MISSION RANCH DESIGN GUIDELINES,

MISSION SAN JOSE DESIGN GUIDELINES, MULTIFAMILY DESIGN

GUIDELINES, NILES DESIGN GUIDELINES AND REGULATIONS, AND SMALL-LOT SINGLE-FAMILY DESIGN GUIDELINES (PLN2023-00213).

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code §65589.5.); and
WHEREAS, the California Legislatu re passed Senate Bill (SB 330) and adopted the “Housing Crisis Act of 2019” (HCA) which states that “In 2018, California ranked 49 th out of the
50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and
WHEREAS, the California Legislature passed the HCA to address the current “housing crisis” in the State with the aim of increasing residential unit development, protecting existing housing inventory, and expediting permit processing; and WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires the City to adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need allocation (RHNA) of 12,897 housing units, comprised of 3,640 very-low income units, 2,096 low-income units, 1,996 moderate-income units, and 5,165 above moderate- income units; and
WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a General Plan Amendment to update the Housing Element; and
WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by HCD, the City’s response to HCD’s findings, public comments, and the Planning Commission’s recommendation, and adopted the Hosing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, HCD certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and

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Attachment: Resolution (5030 : 2023 Code Updates – Housing Element Program Implementation – Citywide (PLN2023-00213))

ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 2 of 4

WHEREAS, State law requires that the City review its Housing Element as frequently as appropriate to evaluate the progress of the City in imp lementation of its Hou sing Element (Government Code §65588); and
WHEREAS, Program 17 of the City’s 2023- 2031 Housing Element requires the City to clarify the Objective Design Standards for the City’s existing design guidelines to provide a predictable basis to review housing projects; and
WHEREAS, such Objective Design Standards will be applicable to housing development projects, as defined by the Housing Accountability Act, and as mandatory standards for all qualifying projects; and
WHEREAS, the Objective Design Standards prim arily comprise design rules and design guidelines currently contained in adopted City documents; and WHEREAS, as an alternative, any applicant of a housing development project seeking exceptions to the Objective Design Standards may proceed with the City’s existing discretionary design review process; and
WHEREAS, on October 26, 2023, the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and recommended that the City Council adopt the proposed Objective Design Standards for the Citywide Design Guidelines, Glenmoor Gardens Design Guidelines, Mission Ranch Design Guidelines, Mission San Jose Design Guidelines, Multifamily Design Guidelines, Niles Design Guidelines and Regulations, and Small- Lot Single-Family Design Guidelines; and
WHEREAS, a Staff Report, recommending approval of the proposed Objective Design Standards, was submitted to the City Council; and
WHEREAS, on ____________________, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. CEQA
The City Council finds that the proposed a mendments, making miscellaneous, minor administrative, clarifying, and technical revisions to the Citywide Design Guidelines, Glenmoor Gardens Design Guidelines, Mission Ranch Design Guidelines, Mission San Jose Design Guidelines, Multifamily Design Guidelines, Niles Design Guidelines and Regulations, and Small-

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Attachment: Resolution (5030 : 2023 Code Updates – Housing Element Program Implementation – Citywide (PLN2023-00213))

ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 3 of 4

Lot Single -Family Design Guidelines are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to , without limitation, each on a separate and independent basis, CEQA Guidelines: §15061(b)(3) in that it can be seen with certainty that there is no possibility that this action may have a significant impact on the environment. (1) §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that there is no possibility that th is action may have a significant impact on the environment.
(2) §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present.

SECTION 2. OBJECTIVE DESIGN STANDARDS
The City Council adopts this resolution adopting the Objective Design Standards attached as Exhibit “A” and incorporated by reference as though fully set forth herein.

SECTION 3. CLARIFICATIONS AND REVISIONS
The City Council hereby delegates r esponsibility to the Community Development Director, or their designee, to make miscellaneous, minor administrative, clarifying, technical, or other changes, as necessary, to facilitate implementation of the adopted Objective Design Standards or maintain compliance with State law.

SECTION 4. EFFECTIVE DATE
The effective date of this resolution shall be ____________________.

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Attachment: Resolution (5030 : 2023 Code Updates – Housing Element Program Implementation – Citywide (PLN2023-00213))

ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 4 of 4

SECTION 5. ADOPTION DATE
The City Council adopted this resolution on ____________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Resolution (5030 : 2023 Code Updates – Housing Element Program Implementation – Citywide (PLN2023-00213))

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________ The City has developed the herein “Objective Design Standards” (ODS) from the City’s existing design guidelines 1 in response to Program 17 of the City’s 2023-2031 Housing Element. Program 17 requires the City to clarify its existing design guidelines to provide a predictable basis to review housing projects. To satisfy this objective, miscellaneous, minor, administrative, clarifying, and technical revisions are made to the City’s adopted design guidelines to produce the ODS with the intent to facilitate implementation of the City’s existing “design rules” and design guidelines. Furthermore, the ODS are provided as a checklist to help reduce delays and uncertainty for property owners and developers by emphasizing the required standards. Therefore, the purpose of the ODS is to comply with State housing law while honoring the City’s existing regulations. The ODS are mandatory standards that must be satisfied by all residential development including the residential component of a mixed-use development.

Housing development project applicants who seek exceptions or deviations to the ODS may proceed with the City’s existing discretionary design review process, as provided in the Fremont Municipal Code . The ODS apply to residential development , unless certain residential projects (i.e., accessory dwelling units, two-unit developments, small-scale multifamily developments) are otherwise governed by State law or explicitly controlled by the Fremont Municipal Code. Non-residential development must continue to be subject to both the ODS and the City’s existing design guidelines and standards, as applicable.

1 Citywide Design Guidelines, Glenmoor Gardens Design Guidelines, Mission Ranch Design Guidelines, Mission San Jose Design Guidelines, Multifamily Design Guidelines, Niles Design Guidelines and Regulations, and Small-Lot Single-Family Design Guidelines

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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CONTENTS

1. Citywide Objective Design Standards .................................................................................................................................................. 3

2. Glenmoor Gardens Objective Design Standards .................................................................................................................................. 4

3. Mission Ranch Objective Design Standards ......................................................................................................................................... 6

4. Mission San Jose Objective Design Standards: Residential Properties – Neighborhood Conservation Area ...................................... 8

5. Multifamily Objective Design Standards ............................................................................................................................................ 10

6. Niles Objective Design Standards ...................................................................................................................................................... 13

7. Small-Lot Single-Family Objective Design Standards ....................................................................................................................... 17

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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1. Citywide Objective Design Standards
Objective Design Standard
Complies?
N/A No Yes Comments

1. A minimum 1.5-foot-wide landscape strip is required along the property line adjacent to a driveway leading to a rear garage. ☐ ☐ ☐

2. Landscaping, consisting of trees, shrubs, groundcovers, and an automatic irrigation system, shall be provided in the front and exterior side yards on newly constructed or substantially reconstructed homes.
☐ ☐ ☐

3. Street trees are required on all residential lots per applicable City Standard Details. ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

Page 4 of 18 ends

2. Glenmoor Gardens Objective Design Standards
Objective Design Standard
Complies?
N/A No Yes Comments

1. Include a raised brick foundation, or horizontal wood siding for a base, or board- and-batten for gable end walls. ☐ ☐ ☐

2. Minimum lot area: 6,000 square feet ☐ ☐ ☐

3. Minimum lot width: 55 feet. ☐ ☐ ☐

4. Minimum lot depth: 100 feet. ☐ ☐ ☐

5. Minimum front-yard setback: 20 feet. ☐ ☐ ☐

6. Minimum side-yard setback: 5 feet. ☐ ☐ ☐

7. Minimum aggregate side-yard setback: 12 feet. ☐ ☐ ☐

8. Minimum street side-yard setback: 10 feet. ☐ ☐ ☐

9. Minimum rear-yard setback: 25 feet. ☐ ☐ ☐

10. Minimum street frontage: 35 feet. ☐ ☐ ☐

11. Roof pitch: 3:12 (minimum) to 5:12 (maximum). ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standard
Complies?
N/A No Yes Comments

12. Maximum floor area, including garage: 40-percent of lot. ☐ ☐ ☐

13. Maximum building height, as measured to the top of the ridge: 17 feet. ☐ ☐ ☐

14. Maximum height above grade for finish floor level: 28 inches ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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3. Mission Ranch Objective Design Standards
Objective Design Standard
Complies?
N/A No Yes Comments

1. Include a raised brick foundation, or horizontal wood siding for a base, or board- and-batten for gable end walls. ☐ ☐ ☐

2. Minimum lot area: 8,000 square feet ☐ ☐ ☐

3. Minimum lot width: 75 feet. ☐ ☐ ☐

4. Minimum lot depth: 100 feet. ☐ ☐ ☐

5. Minimum front-yard setback: 25 feet. ☐ ☐ ☐

6. Minimum side-yard setback for single-story elements: 7 feet. ☐ ☐ ☐

7. Minimum aggregate side-yard setback for single-story elements: 16 feet. ☐ ☐ ☐

8. Minimum side-yard setback for second-story elements: 8 feet. ☐ ☐ ☐

9. Minimum aggregate side-yard setback for second-story elements: 20 feet. ☐ ☐ ☐

10. Minimum street side-yard setback: 12.5 feet. ☐ ☐ ☐

11. Minimum rear-yard setback for single-story elements: 25 feet. ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standard
Complies?
N/A No Yes Comments

12. Minimum rear-yard setback for two-story elements: 30 feet. ☐ ☐ ☐

13. Minimum street frontage: 35 feet. ☐ ☐ ☐

14. Roof pitch: 3:12 (minimum) to 5:12 (maximum). ☐ ☐ ☐

15. Maximum floor area, including garage, for a one-story residence: 40-percent of lot. ☐ ☐ ☐

16. Maximum floor area, including garage, for a two-story residence: 30-percent of lot.

A two-story residence is only allowable if the first-floor lot coverage reaches 22 percent but does not exceed 30 percent.
☐ ☐ ☐

17. Maximum building height, as measured to the top of the ridge, for a one-story residence: 17 feet. ☐ ☐ ☐

18. Maximum building height, as measured to the top of the ridge, for a two-story residence: 27 feet. ☐ ☐ ☐

19. Maximum height above grade for finish floor level, first story over basement: 28 inches. ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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4. Mission San Jose Objective Design Standards:

Residential Properties – Neighborhood Conservation Area Objective Design Standard
Complies?
N/A No Yes Comments

1. Maximum building height, as measured to the top of the ridge: 25 feet. ☐ ☐ ☐

2. Maximum number of stories: 2. ☐ ☐ ☐

3. Maximum lot coverage: 2,500 square feet. ☐ ☐ ☐

4. Minimum lot width: 50 feet. ☐ ☐ ☐

5. Minimum lot depth: 150 feet. ☐ ☐ ☐

6. Minimum front-yard setback: 20 feet.*

* Parking or storage of motor vehicles within the front-yard setback is prohibited.
☐ ☐ ☐

7. Minimum side-yard setback: 5 feet. ☐ ☐ ☐

8. Minimum rear-yard setback for residential structures: 15 feet. ☐ ☐ ☐

9. Minimum rear-yard setback for parking structures: 3 feet.* ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standard
Complies?
N/A No Yes Comments
* If a residential structure on an adjoining property already exists within 15 feet of that property’s rear property line, then the required minimum rear-yard setback for a parking structure shall be 15 feet.

10. Mid-parcel outdoor areas: 1,000 square feet.*

* This standard is required when a parcel accommodates more than one detached residential unit.
☐ ☐ ☐

11. Parking: 2 enclosed spaces per dwelling unit.*

* Tandem parking within structures or enclosed parking areas is permitted to satisfy this requirement.
☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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5. Multifamily Objective Design Standards
The Multifamily Objective Design Standards shall not apply to mixed-use developments and projects within the City’s Downtown District, the City Center District, and the Warm Springs Innovation District.

Objective Design Standard
Complies?
N/A No Yes Comments

1. Any temporary street stubs intended for future through circulation shall be marked with street signage at the street terminus to reinforce and alert residents of eventual through connection.
☐ ☐ ☐

2. Accent elements, made up of trellises, arches, arbors, columns, or low monument features, shall be used to demarcate entrances to the development and common open space areas.

See Multifamily Design Guidelines Section 2, page 20 for an illustration of this concept.
☐ ☐ ☐

3. When buildings are adjacent to a public street, building entrances shall be oriented to face the public street, unless such orientation is obstructed by a required sound wall or a noise mitigation barrier.
☐ ☐ ☐

4. For sites greater than two acres, the majority of required common open space (greater than 50%) shall be consolidated into a primary central open space area. ☐ ☐ ☐

5. Stormwater treatment facilities shall not be located in areas counted towards minimum common open space requirements, unless such facilities can be designed to accommodate usable open space.
☐ ☐ ☐

6. Windows shall be oriented to face onto common open space and play areas to provide informal surveillance and safety. To meet this requirement, at least two ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standard
Complies?
N/A No Yes Comments
windows, no smaller than 24 inches in height by 20 inches in width, shall be provided per building adjoining the common open space areas on the building frontage facing common open space.

7. Private streets that run along perimeter property lines shall include a minimum six-foot-wide planter to provide landscape feature as well as vegetative separation between developments.
☐ ☐ ☐

8. Upper stories shall not project beyond the ground floor footprint, except for bays no wider than 50-percent of the primary facade. Bays shall be set within the main facade, not flush with side facades. See Section 2, page 29 for an illustration of this concept.
☐ ☐ ☐

9. The massing of upper stories, particularly those over a garage, shall be modulated by stepping back massing elements a minimum of two feet from the ground floor setback, and/or through the use of projecting bays. See Section 2, page 14 for an illustration of this concept.
☐ ☐ ☐

10. Side yards or separation between buildings shall be a minimum of 10 feet wide when the upper story steps back 15 feet or more, and 15 feet wide when second story does not step back.
☐ ☐ ☐

11. For every 100 feet of building length, there shall be a plane-break along the facade comprised of an offset of at least five feet in depth by 25 feet in length.

The offset shall extend from grade to the highest story. ☐ ☐ ☐

12. Garage entries, loading and service entries, utility rooms, stairs, elevators, and other similar inactive elements shall occupy no more than 20% of the width of a public street facing building façade.
☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Objective Design Standard
Complies?
N/A No Yes Comments

13. Horizontal eaves longer than 40 feet shall be broken up by gables, building projections, or other articulation. ☐ ☐ ☐

14. Pedestrian-scaled lighting, less than 16 feet in height, shall be used to illuminate areas used for pedestrian circulation. See Section 2, page 34 for an illustration of this concept.
☐ ☐ ☐

15. All illumination shall be controlled with cutoffs that primarily direct light downward. ☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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6. Niles Objective Design Standards
Objective Design Standard
Complies?
N/A No Yes Comments

1. Second stories of new corner buildings with a frontage on Niles Boulevard shall not extend over a public sidewalk more than three feet, subject to issuance of an encroachment permit. The projection along the face of the building from the property line corner shall not exceed 15 feet in either direction (see 6.2 Corner Building Styles of the Niles Design Guidelines). The vertical clearance of the encroachment shall be a minimum of eight feet, plus one additional foot of vertical clearance for each foot of projection (see Figure 8 of the Niles Design Guidelines).
☐ ☐ ☐

2. Awnings shall not extend over the public sidewalk more than five feet, and awnings shall maintain at least an eight-foot vertical clearance above the sidewalk.
☐ ☐ ☐

3. Commercial block/corner buildings:
a. Appropriate materials and colors:
(1) Building walls, windows, and doors
(A) Concrete and plaster (lightly troweled or sand finished). (B) Stucco with deep reveals.
(C) New structural and face-brick.
(D) Concrete block and brick block (concealed side and rear elevations only).
(E) Terra cotta.
(F) Decorative ceramic tile, with integral color, used as an accent.
(G) Clear glass.
(H) Wood frame window systems.
☐ ☐ ☐

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Attachment: Exhibit A to Resolution (5030 : 2023 Code Updates – Housing Element Program

ATTACHMENT C
Objective Design Standards
Adopted by City Council Resolution No. 2023-_____ on ___________________

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Fremont City CouncilNovember 14, 2023

Fremont City Council
November 14, 2023