Fremont City Council Meeting: 12/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5327) DOC ID: 5327
Updated: 12/13/2024 8:34 AM by Dina Lewis Page 1
WINTER 2024/2025 CODE UPDATE – Citywide – PLN2025-00065 - Public Hearng (Published Notice) to consider amending various chapters within Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 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 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Contact Persons:
Name: Winnie Mui Joel Pullen
Title: Associate Planner Planning Manager
Div/Dept: Planning Community Development
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]
Executive Summary: Staff is proposing amendments to Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element.
On November 21, 2024, the Planning Commission held a public hearing to consider the proposed amendments and voted unanimously to recommend that the City Council adopt the proposed ordinance and resolution.
BACKGROUND: City staff periodically prepares updates to the Zoning Ordinance and other sections of the Fremont Municipal Code to correct errors, inconsistencies, and outdated sections; revise provisions to be consistent with State law; ensure alignment with the General Plan and other policy documents; and to create, enhance and clarify definitions, procedures, and standards. The last package of code amendments (Ordinance No. 07-2023) was adopted by the City Council on December 5, 2023.
Planning Commission Action
On November 21, 2024, the Planning Commission held a public hearing to consider the proposed amendments and voted 6-0, with one vacancy, to recommend that the City Council adopt the proposed ordinance and resolution. Prior to their vote, one member of the public spoke in opposition to the proposed amendments to commercial land uses (see Section 7 of the Draft Ordinance). The Planning Commission asked a few clarifying questions of staff related to proposed changes to affordable housing, commercial land uses, Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 2
and car share parking spaces regulations. For more information on the Planning Commission proceedings, please see Attachment D for the Draft Planning Commission Meeting Minutes.
DISCUSSION/ANALYSIS:
Purpose
Amendments to the FMC and Warm Springs / South Fremont Community Plan are proposed for the following reasons:
• State Laws – Updates for consistency with state laws including SB 477 and AB 1287. • Housing Element Conformance – Implement Program 35 related to the establishment of minimum residential densities for mixed-use projects with housing in accordance with the 24-month program commitments in the adopted 2023 – 2031 Housing Element.
• Clarifications – Correct or update the FMC to clarify definitions and inconsistencies. • Project Streamlining – Update certain actions to be ministerial to streamline project approvals. In addition, extend the expiration date of discretionary housing development project approvals that are often delayed due to market conditions or financing issues.
• Commercial Flexibility – Allow certain uses in the commercial and mixed-use zoning districts that are prohibited to be permitted or require a zoning administrator permit. Certain uses that currently require a zoning administrator permit are proposed to be permitted by-right. Also, some uses have been reclassified based on logical grouping of use types. By allowing certain low impact uses to be permitted, it is intended to reduce the number of vacant retail spaces, decrease the time a business owner would otherwise need to wait for a discretionary permit approval, and provides more flexibility for a greater variety of retail and service uses.
Proposed FMC Text Amendments
The proposed FMC text amendments would update FMC Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as follows:
Draft Ordinance
Section(s)
FMC Section(s) Description
Historical
Architectural Review
Board (HARB)
1 2.20.340 – Ex officio
members
Remove the director of community
development and the building official as
nonvoting ex officio members of HARB.
Accessory Dwelling
Units (ADUs)
2, 4, 19
8.55.030 -
Definitions
18.25.986 – JADU
18.190.005 – ADUs
and JADUs
Pursuant to SB 477, update Government
Code references for ADUs and JADUs.
Lot Line
Adjustments
3 17.20.510 –
Planning manager’s
actions
Amend regulations to make lot line
adjustments a ministerial action.
Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 3
Draft Ordinance
Section(s)
FMC Section(s) Description
Lot Coverage
5 18.25.1650 – Lot
coverage
Clarify lot coverage definition.
Minimum Residential
Density for Mixed-
Use
6 18.45.020 – Building
and site standards
Pursuant to Program 35 of the 2023-2031
Housing Element, establish a minimum
density for mixed-use projects with
housing on sites outside of the Transit-
Oriented Development (TOD) Overlay
District.
Uses in Commercial
and Mixed-Use
Districts
7 18.45.060 - Uses in
commercial and
mixed-use districts
Increase flexibility to allow certain uses as
permitted or require a zoning
administrator permit, and to clarify use
categories.
Warm Springs
Master Plan
8 18.49.030 – WSI
district “planning
areas”
18.49.050 – Master
Plan Procedures
18.49.070 – WSI
district site and
building
development
standards
Table 18.49.070 –
Required Site
Development
Standards for WSI
District
Remove the Master Plan requirement
within the Warm Springs Innovation
District.
Single-Family Visual
Privacy
9 18.90.030 –
Development
standards
Correct that visual privacy is not an
objective standard.
TOD Parking
10 18.152.070 -
Parking
Correct parking maximums for uses within
the TOD overlay district that was
incorrectly removed during the last code
update cycle.
Allow the zoning administrator to
determine the maximum number of
parking spaces for uses not listed within
the TOD overlay district.
Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 4
Draft Ordinance
Section(s)
FMC Section(s) Description
Affordable Housing
11, 12, 13
18.155.020 –
Definitions
18.155.070 –
Continued
affordability
18.155.080 –
Alternatives for for-
sale residential
projects
Update the definition of low-income
households to align with the definition in
Cal. Health & Safety Code § 50052.5(b).
Increase the minimum term of affordable
housing units from 30 years to 45 years to
preserve affordable housing for a longer
period.
Clarify that payment of affordable housing
in-lieu fees is not subject to discretionary
approval.
Density Bonus
14 18.165.030 –
Calculation of
residential density
bonus and number
of incentives and
concessions
Pursuant to AB 1287, include a “stackable”
density bonus and increase the number of
incentives or concessions from four to five.
Car Share
15 18.183.172 –
Alternative and
shared
transportation and
electric vehicle
parking spaces
Allow the planning manager to waive the
car share parking requirement if an
applicant demonstrates they have made
all reasonable efforts to enter a contract
with a car share provider.
Mechanical Car
Parking Lifts
16 18.183.176 –
Mechanical parking
systems
Remove mechanical car parking lift
clearance and stall height requirements
and instead require projects to comply
with manufacturer specifications.
Parking and Vehicle
Storage
17 18.183.180 –
Parking and storage
of vehicles and
equipment on one-
and two-family lots
and residential
streets
Remove standards related to parking on
residential streets in alignment with
November 2024 City Council-adopted
amendments to Title 10 (Vehicles and
Traffic).
Solar Access
Preservation
18 18.186.040 –
Exemptions
Clarify that ADUs and SB 9 two-unit
development projects are not subject to
the solar access preservation ordinance.
Temporary Office
Trailers
20 18.190.360 – Mobile
homes and trailers
not in mobile home
parks – Use as
temporary office
Allow temporary office trailers when in
conjunction with a hospital use to be
approved ministerially by the Zoning
Administrator.
Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 5
Draft Ordinance
Section(s)
FMC Section(s) Description
Design Review
Modifications
21 18.235.100 –
Amendments to
design review
permits
Allow projects with an approved design
review permit that propose modifications
that are compliant with applicable
development standards and objective
design standards to be subject only to
ministerial review.
Approval Time Limits
22 18.330.030 – Time
limits on approvals
Increase the expiration date for
discretionary zoning approvals that include
a housing project from 24 months to 48
months.
Proposed Warm Springs / South Fremont Community Plan Amendments Amendments to the Warm Springs / South Fremont Community Plan are proposed to establish consistency with proposed FMC code amendments that would remove the Warm Springs Master Plan requirement, as outlined in Section 8 in the table above.
General Plan Conformance
The proposed amendments would be consistent with the General Plan and the following goals and implementation measures contained in the Land Use Element, Housing Element, and Economic Development Element:
• 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.
Analysis: The proposed amendments would update the City’s land use regulations to achieve consistency with the General Plan and State law, and to support quality development, compatible land uses, and the reduction of nuisances. The proposed amendments reflect recognized best practices in zoning and planning. • 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.
Analysis: The proposed amendments would implement Housing Element Program 35 to set density minimums outside of the Transit-Oriented Development (TOD) Overlay District. In addition, the proposed amendments would align with changes to State law related to housing development.
Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 6
• Economic Development Element Implementation 6-1.3.C: Update Commercial/Industrial Zoning. Perform a comprehensive update of Fremont's commercial and industrial zoning to include references to the North American Industry Classification System (NAICS) to update business classifications. Regularly update the zoning to consider the needs of emerging industries.
Analysis: Certain commercial land uses with operational characteristics that have traditionally resulted in minimal impact on adjoining uses are proposed to be permitted or require a zoning administrator permit based on increasing demand for more service- and recreation-related uses. The proposed amendments will increase the likelihood of these low-impact land uses establishing within the City’s commercial and mixed-use zoning districts, thereby providing a greater variety of uses to serve Fremont residents.
• Economic Development Element Implementation 6-3.3.A: Warm Springs / South Fremont Community Plan. Utilize the Warm Springs/South Fremont Community Plan as the guiding document for promoting and expanding industrial, manufacturing, research and development, and professional Class A office businesses in the Innovation Center. Update the Community Plan as necessary to reflect development trends, land use changes, and emerging City priorities.
Analysis: Updates to the Warm Springs/ South Fremont Community Plan are limited to removal of the Warm Springs Master Plan requirement. Removing the Warm Springs Master Plan requirement would streamline development for the remaining undeveloped lots within the Warm Springs Innovation District.
Findings for Approval
In accordance with FMC Chapter 18.225, upon receipt of a Planning Commission recommendation, the City Council may approve or approve with modifications an application for amendments to zoning or a community plan when all of the findings listed in FMC Section 18.225.050(b), as stated below, can be made:
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 are consistent with the General Plan Land Use Element, Housing Element, and Economic Development Element as enumerated in the General Plan Conformance section of the staff report.
2. The proposed amendment furthers the public interest, convenience, and general welfare of the city.
Analysis: The proposed amendments, which have been vetted by the Fremont Police Department and the City’s Economic Development Department, will further the public interest, convenience and general welfare of the City by ensuring consistency between the FMC and 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.
Council Staff Report (ID # 5327) Meeting of December 17, 2024 Updated: 12/13/2024 8:34 AM by Dina Lewis Page 7
FISCAL IMPACT: N/A
ENVIRONMENTAL REVIEW: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) CEQA Guidelines Section 15061 in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan and/or zoning with which the project is consistent.
In addition, 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. Many of the amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.
ATTACHMENTS:
• Draft Ordinance
• Draft Resolution
• Exhibit A to Draft Resolution
• Planning Commission Meeting - Draft Minutes
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that the proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, per Section 15061 of the CEQA Guidelines in that they collectively are not a project which has the potential to cause a significant effect on the environment and CEQA Guidelines Section 15183 as a project consistent with the general plan and zoning and otherwise meeting the requirements of that exemption.
3. Find that the proposed amendments are consistent with the General Plan, including the Land Use Element implementation measure, Housing Element goal, and Economic Development Element implementation measures discussed in the staff report.
4. Find that the proposed amendments further the public interest, convenience, and general welfare of the City by ensuring consistency of the FMC and 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 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as shown on Exhibit “A,” and for conformance with the General Plan.
6. Adopt a resolution for amendments to the Warm Springs / South Fremont Community Plan for consistency with proposed amendments to Title 18.
7. Direct staff to prepare, and the City Clerk to publish, a summary of the ordinance.