Ordinance XX-2024 Page 1 of 3
ORDINANCE NO. XX- 2024
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY OF
FREMONT TO TEMPORARILY ALLOW PAD -MOUNTED
TRANSFORMERS TO BE INSTALLED FOR SPECIFIED
DEVELOPMENT PROJECTS IN RESIDENTIAL DISTRICTS
PURSUANT TO GOVERNMENT CODE SECTIONS 36934 AND 36937,
TO TAKE EFFECT IMMEDIATELY UPON ADOPTION BY A 5/7
VOTE OF THE CITY COUNCIL, AND REMAIN IN EFFECT FOR A
PERIOD OF TWO YEARS UPON A FINDING AND DECLARATION
THAT IS REQUIRED FOR THE IMMEDIATE PRESERVATION OF
THE PUBLIC PEACE, HEALTH OR SAFETY (PLN2024-00194), AND
MAKING FINDINGS OF CEQA EXEMPTION
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council makes the following findings and determinations as part of this urgency ordinance:
A. The City’s Utility Undergrounding Ordinance (UUO) codified in Fremont Municipal Code (FMC) Chapter 12.35 establishes the City’s 38 undergrounding districts, and, along with Chapter
8.90 of the Zoning Ordinance, generally specifies that utility structures must be placed underground, with limited exceptions.
B. For locations with existing underground service, screened transformers are permitted subject to locational requirements. In residential districts, the UUO allows pad-mounted transformers to be screened and located within a utility easement away from streets and open areas at rear/side yard locations. However, no above-ground transformers are currently permitted within front yards in residential districts.
C. There currently exists a shortage of available underground mounted transformers and without a transformer a building permit cannot be made final and this indefinitely delays the issuance of a certificate of occupancy.
D. The City has become aware of this supply shortage of underground mounted transformers based on information received from public utility representatives, multiple news sources, and parties issued building permits.
E. The City continues to experience strong permitting activity for home remodels, accessory dwelling units (ADUs), demolition and rebuilds.
F. There are multiple permits that require unavailable underground mounted transformers to complete their permitted work and occupy a residence, and there is no certainty as to when this supply shortage will subside.
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G. The lack of availability of underground mounted transformers creates an urgent situation due to the inability to finalize permits for home additions and remodels, ADUs, and infill developments, and places households at risk of severe financial loss, loss of housing, and creates delays in construction projects that may become a nuisance if not completed.
H. Above-ground, pad-mounted transformers are readily available and authorizing their use will alleviate delays in completion of permitted work and building occupancy.
I. Allowing the use of above-ground, pad-mounted transformers aligns with the objective of the City’s Housing Element of its General Plan to encourage actions to facilitate housing production, including ADUs, home remodels, and infill development.
J. This ordinance authorizing the use of above-ground, pad-mounted transformers in specific circumstances will provide necessary relief to building permit holders by facilitating the completion of permitted work during the shortage of underground mounted transformers, and allows sufficient time for the City to evaluate this shortage and propose a longer-term solution.
K. California Government Code Sections 36934 and 36937 allow a city council to adopt an ordinance as an urgency measure that takes effect immediately in order to preserve and protect the public peace, health, safety or welfare, where said ordinance contains a declaration of facts constituting the urgency and is passed by a four-fifths vote of a city council, or five affirmative votes of a seven-member city council.
L. Based upon the above-described facts and circumstances, the City Council finds that this ordinance is necessary as an urgency measure for preserving the public peace, health and safety, and therefore it may be introduced and adopted at the same meeting and shall take effect immediately if passed by at least five (5) affirmative votes.
SECTION 2. PROVISIONS
The City Council of the City of Fremont ordains that, for the duration of this ordinance, notwithstanding existing local law including but not limited to the Zoning Ordinance and Utility Undergrounding Ordinance, the following shall control:
“When placement of a transformer within a preferred location as prescribed under City ordinances is not technically or financially feasible in the discretion of the Public Works Director or designee, above- ground, pad-mounted transformers will be permitted when properly screened and safely located within front yards for: (1) residential building permits for all home additions and remodels, single family demolitions and rebuilds, and ADUs, and; (2) developments with multiple dwelling units in residential districts for which a building permit has been issued as of the effective date of this ordinance.”
SECTION 3. CEQA
The City Council of the City of Fremont 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 §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, §15301
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[existing facilities] in that the actions herein relate to individual projects otherwise already approved by the city and subject to standard building permitting, including for electrical service, and §15303 [small structures] in that the temporary allowance for pad-mounted utility transformers in safe and screened locations above ground in front yards within existing residential districts does not otherwise have the potential to cause a significant impact on the environment.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately upon adoption by the affirmative vote of at least five members of the City Council.
SECTION 6. DURATION
This ordinance shall remain in place for a period of two years from the date of passage.
SECTION 7. PUBLICATION AND POSTING
The City Clerk shall publish a notice indicating the adoption of this ordinance as required by law.
The foregoing ordinance was introduced and adopted by the City Council of the City of Fremont at the regular meeting of the City Council, held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney