City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, District 6
City Staff
Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager
Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
January 07, 2025
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 - January 07, 2025
January 7, 2025 Fremont City Council 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 January 7, 2025 City Council meeting online via Zoom https://us06web.zoom.us/j/82062262887
Meeting ID: 820 6226 2887
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.
January 7, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 07, 2025
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 - None.
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 - None.
C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF
FREMONT AMENDING VARIOUS CHAPTERS OF FREMONT MUNICIPAL CODE TITLE 2 (ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), TITLE 18 (PLANNING AND ZONING)
TO CLARIFY AND ENHANCE DEFINITIONS, PROCEDURES, AND STANDARDS
RELATED TO DEVELOPMENT AND USE OF PROPERTY WITHIN THE CITY AND IMPLEMENT PROGRAM 35 OF THE CITY’S 2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA EXEMPTION (PLN2025-00065)
RECOMMENDATION: Adopt 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.
D. 2025 PAVEMENT CRACK SEAL PROJECT - Approval of Specifications and Award of Contract to Graham Contractors, Inc. in the Amount of $187,470 (Including 20% Contingency) for the 2025 Citywide Pavement Crack Seal Project (PWC8195-X1); Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
January 7, 2025 Fremont City Council Page 4
RECOMMENDATION: Approval of the following actions related to the 2025 Citywide Pavement Crack Seal Project (PWC8195-X1):
1. Approve the specifications for the project.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Graham Contractors, Inc. in the amount of $156,470 and allocate a 20% construction contingency in the amount of $31,000 for a total construction contract amount of $187,470 and authorize the City Manager, or her designee, to execute the contract.
3. Find the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.
E. ACCESS POINT AND HOUSING RESOURCE CENTER SERVICE AGREEMENT AMENDMENT - Authorize the City Manager, or her Designee, to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services; and Appropriate Additional Funds.
Contact Persons:
Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Dept: Human Services Department Human Services Department Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Authorize the City Manager, or her designee, to execute a Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services.
2. Increase revenue estimates and appropriate an additional $20,000 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
3. Find that these actions are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or because it is not a “project” within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections 15061(b)(3) and 15378(b)(2),(5) as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment.
F. CISCO PHONE SOLUTION LICENSES AND EQUIPMENT MAINTENANCE SERVICES RENEWALS - Authorize the City Manager, or her Designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution Licenses and Equipment Maintenance Services Renewals, in an amount not to exceed $388,276.20 for a Three-Year term.
Contact Persons:
Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]
January 7, 2025 Fremont City Council Page 5
RECOMMENDATION: Authorize the City Manager, or her designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution licenses and equipment maintenance services renewals, in an amount not to exceed $388,276.20 for a three-year term.
G. CONSTRUCTION MANAGEMENT CONSULTANT SERVICES - Approval of Agreements for On-Call Construction Management Consultant Services in the Amount of $1,250,000 per Agreement with mack5, MN Engineers, Inc. and Park Engineering, Inc.; Make Findings of CEQA Exemption Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Authorize the City Manager, or her designee, to execute a Master Service Agreement for on-call construction management consultant services with the following consultants:
a. mack5 with a total amount not to exceed $1,250,000 for five years. b. MNS Engineers, Inc. with a total amount not to exceed $1,250,000 for five years.
c. Park Engineering, Inc. with a total amount not to exceed $1,250,000 for five years.
2. Find that the actions are exempt from environmental review under CEQA Guidelines Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).
3. Ceremonial Items - None.
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
5. Scheduled Items
A. RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
ADMINISTRATION FEE ADOPTION – Public Hearing (Published Notice) to Adopt Amendments to Revise the Rent Review Program Administration Fees and the Notice Requirements for Residential Rent Increases to Conform with State Law, Review the Annual Report on the Rent Review Ordinance and Adopt the Administration Fee for FY 2024/25 (Continued from the November 19, 2024 City Council Meeting)
January 7, 2025 Fremont City Council Page 6
Contact Persons:
Name: Robert Lopez David Persselin
Title: CDBG Administrator Finance Director
Dept: Human Services Department Finance Department
Phone: 510-574-2043 510-494-4631
E-Mail: [email protected] [email protected]
RECOMMENDATION:
1. Receive the Rent Review Ordinance Annual Report;
2. Hold a public hearing;
3. Waive the first reading and introduce an ordinance amending Chapter 9.60 of the Fremont Municipal Code;
4. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Administration Fee to $16.00 per residential rental unit in FY 2024/25 to recover the costs of administering the Rent Review Program.
6. Other Business - None.
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
January 7, 2025 Fremont City Council Page 7
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
January 7, 2025 Fremont City Council Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 January 7, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 21, 2025 CANCELLED: City
Council Meeting
January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting
Monday,
February 3, 2025 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live February 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 11, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 11, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 1, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 8, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 15, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 22, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 29, 2025 No 7PM City Council Meeting
(5th Tuesday)
Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5342) DOC ID: 5342
Updated: 1/2/2025 11:35 AM by Dina Lewis Page 1
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF
FREMONT AMENDING VARIOUS CHAPTERS OF FREMONT MUNICIPAL CODE TITLE 2 (ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), TITLE 18 (PLANNING AND ZONING) TO CLARIFY AND
ENHANCE DEFINITIONS, PROCEDURES, AND STANDARDS RELATED TO
DEVELOPMENT AND USE OF PROPERTY WITHIN THE CITY AND IMPLEMENT PROGRAM 35 OF THE CITY’S 2023-2031 HOUSING ELEMENT; AND MAKING FINDINGS OF CEQA EXEMPTION (PLN2025-00065)
Contact Persons:
Name: Susan Gauthier Winnie Mui
Title: City Clerk Associate Planner
Div/Dept: City Clerk's Office Community Development
Phone: 510-284-4076 510-494-4453
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.
The ordinance was introduced by the City Council at its December 17, 2024 meeting. The ordinance is now before the Council for adoption.
ATTACHMENTS:
• Draft Ordinance - Winter 2024/2025 Code Updates
RECOMMENDATION: Adopt 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.
2.C
Packet Pg. 9
ORDINANCE NO. ____ - 2025
AN ORDINANCE OF THE CITY OF FREMONT AMENDING VARIOUS
CHAPTERS OF FREMONT MUNCIPAL CODE TITLE 2
(ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), TITLE 18 (PLANNING AND ZONING) TO
CLARIFY AND ENHANCE DEFINITIONS, PROCEDURES, AND
STANDARDS RELATED TO DEVELOPMENT AND USE OF PROPERTY
WITHIN THE CITY AND IMPLMENT PROGRAM 35 OF THE CITY’S
2023-2031 HOUSING ELEMENT ; AND MAK ING FINDINGS OF CEQA EXEMPTION (PLN2025-00065).
WHEREAS, the City occasionally initiates amendments to the Fremont Municipal Code (FMC) to clarify, add, or amend certain provisions to ensure that the local regulations remain current with Federal and State law, are internally consistent, simple to understand and implement, and relevant to changes occurring in the community; 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 approval recommendation, and adopted the Hosing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, State law requires that the City review its Housing Element a s frequently as appropriate to evaluate the progress of the City in implementation of its Housing Element (Government Code §65588); and
WHEREAS, the proposed amendments would implement Housing Element Program 35 in accordance with State law; and
WHEREAS, on November 21, 2024, the Planning Commission held a public hearing to consider the recommended approval of the proposed amendments to the City Council; and WHEREAS, on ________________, the City Council held a public hearing to consider the recommendation of the Planning Commission regarding the proposed amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC §2.20.340, REPEALED
FMC §2.20.340 is repealed as follows:
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
2.20.340 Ex officio members – Director of community development and building official.Repealed.
The director of community development and the building official shall be nonvoting ex officio members of the historical architectural review board. They shall not be subject to the regulations prescribed in Section 2.20.030.
SECTION 2. FMC §8.55.030, AMENDED
FMC §8.55.030 is amended to read as follows:
8.55.030 Definitions.
“Multi-unit residence” means property containing two or more units, including, but not limited to, rental complexes, condominium complexes, senior and assisted living facilities, and long- term health care facilities. Multi-unit residences do not include the following:
(1) A hotel or motel that meets the requirements of Cal. Civ. Code § 1940(b)(2); (2) A mobile home park;
(3) A campground;
(4) A marina or port;
(5) A single-family home, except if used as a child care or health care facility subject to licensing requirements; and
(6) A single-family home with a detached or attached in-law or accessory dwelling unit permitted pursuant to Cal. Gov’t Code § 65852.1, 65852.15066310, 65852.266314 or an ordinance of the city adopted pursuant to those sections, except if the single-family home or in-law/accessory dwelling unit is used as a child care or health care facility subject to licensing requirements.
[all other definitions in FMC §8.55.030 remain unchanged]
SECTION 3. FMC §17.20.510, AMENDED
FMC §17.20.510 is amended to read as follows:
17.20.510 Planning manager’s actions.
The planning manager mayshall approve a lot line adjustment when he/she finds that:
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
(a) The lot line adjustment does not violate existing codes and policies; and (b) The lot line adjustment will not create difficult or unreasonable access to the parcels; and (c) The lot line adjustment would not require variances to permit standard development; and (d) Utilities and public services can be provided to the revised parcels; and (e) No street dedications or improvements are required.
The planning manager may amend such plats as a condition of approval.
SECTION 4. FMC §18.25.986, AMENDED
FMC §18.25.986 is amended to read as follows:
18.25.986 Dwelling unit, junior accessory (JADU).
“Junior accessory dwelling unit (JADU)” shall mean a unit that is no more than 500 square feet in size and is contained entirely within a single-family residence, including an attached garage. A JADU may include separate sanitation facilities, or it may share sanitation facilities with the existing structure. A JADU shall include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU is subject to the regulations specified in Section 18.190.005 and shall comply with the requirements of Cal. Gov’t. Code § 65852.2266333-66339, as may be amended.
SECTION 5. FMC §18.25.1650, AMENDED
FMC §18.25.1650 is amended to read as follows:
18.25.1650 Lot coverage.
“Lot coverage” shall mean that portion of the lot area covered by a building or structure that is more than 50 percent enclosed with walls and roof including, but not limited to, attached sunrooms, enclosed patios and porches, and similar structures.
SECTION 6. FMC Table 18.45.020, AMENDED
FMC Table 18.45.020 is amended to read as follows:
Table 18.45.020
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
C-O C-N C-G C-R MX TC-P TC-T
Building height1,2,3,7,
maximum
35 feet 40 feet 65
feet
65 feet7; 40
feet7 in
MSJ6 or
Niles
45 feet; 40
feet in
MSJ6 or
Niles
Building frontage1,
minimum
None, except along
urban corridors,
main streets, and in
town center place
types: At least 50% of
the building’s street-
facing facade must be
built within the build-
to-layer, defined as
within five feet of the
front property line
for interior lots and five
feet of the street-facing
property lines for corner
lots.
None None, except along urban
corridors, main streets, and in
town center place types: At
least 50% of the building’s
street-facing facade must be
built within the build-to-layer,
defined as within five feet of
the front property line
for interior lots and five feet of
the street-facing property lines
for corner lots.
Interior side
yard1 width,
minimum
None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4
Yard width adjacent
to streets, minimum
None
Rear yard1 depth,
minimum
None, except 10 feet when adjacent to any lot designated residential in the general plan or residentially developed.4
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
C-O C-N C-G C-R MX TC-P TC-T
Minimum ground
floor height, floor to
second floor
None 16 feet8 None
Floor
area ratio1,5 (FAR),
maximum
0.3 nonresidential; 0.6
mixed-use with housing
0.3 nonresidential;
no mixed-use
permitted
0.5 nonresidential; 1.25 mixed-
use with housing
Minimum residential
density (dwelling
units / acre) for
mixed-use with
housing when outside
of TOD Overlay
14.6 N/A 14.6
Floor
area ratio1,5 (FAR),
minimum
None: however, minimum FARs apply to properties within the TOD overlay district (see Chapter 18.152).
Lot area1, minimum 10,000 sq. ft. 20,000 sq. ft. None 20,000 sq. ft.
Lot width1, minimum 65 feet 100
feet
None 100 feet
Street frontage See Section 17.25.180 (Lot standards)
2.C.a
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
SECTION 7. FMC Table 18.45.060-1, AMENDED
FMC Table 18.45.060-1 is amended to read as follows:
Table 18.45.060-1
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes
C-O C-N C-G C-R MX TC-P TC-T
Assembly, Entertainment, Recreation
Fitness and recreational sports centers
including yoga and pilates studios and sports
and recreation instruction (e.g., dance, martial
arts, etc.)
713940 --P ZP ZP ZP ZP P3 P Includes yoga and pilates studios.
See educational services section for sports and
recreation instruction (e.g., dance, martial arts, etc.) Game or computing arcade1, more than five
gaming devices
-- Z Z Z Z Z Z Section 18.190.180
Without alcoholic beverages and closed
before 10:00 p.m.
P P P P P P P
With alcoholic beverages and/or open after
10:00 p.m.
Z Z Z Z Z Z Z
Indoor commercial recreation1 including
billiard hall, bowling alley, gymnasia, indoor
tennis, swimming, escape rooms, etc.
-- -- C C -- C Z Section 18.190.420
Chapter 5.90 applies to swimming facilities
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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes
C-O C-N C-G C-R MX TC-P TC-T
See educational services section for sports and
recreation instruction (e.g., dance, martial arts, etc.) Closed before midnight P P P P P P P
Open after midnight and/or with sale of
distilled spirits
C C C C C C C
Outdoor commercial recreation including
pickleball
Within 100 feet of residential development Z Z Z Z Z Z Z Beyond 100 feet of residential
development
P P P P P P P
Eating and Drinking
See also Sections 18.190.140 and
18.190.510
Eating place without alcoholic beverages1
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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes
C-O C-N C-G C-R MX TC-P TC-T
In general (no restrictions on hours of
operation)
P(*) P P P P P P (*) Not permitted if more than 50 seats With drive-in or drive-through enterprise1 -- C C C -- -- C Section 18.190.110; not permitted in mixed-use projects or HOD and TOD overlay districts
With housing above Z(*) Z -- -- Z Z Z (*) Not permitted if more than 50 seats With sidewalk dining -- Z -- -- Z Z Z Section 18.190.510 Eating place with alcoholic beverages1
Closed before midnight -- P P P P P P
Open after midnight -- Z Z Z Z Z Z
With housing above -- Z -- -- Z Z Z
With sidewalk dining -- Z Z Z Z Z Z Section 18.190.510
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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes
C-O C-N C-G C-R MX TC-P TC-T
Educational Services
Other schools and instruction including:
dance, exam preparation, gymnastics, judo,
language, martial arts, music, photography,
and tutoring
6116 See assembly, entertainment, recreation section for yoga and pilates studios and sports and recreation
instruction (e.g., dance, martial arts, etc.)
Less than 3,000 square feet Z P P -- Z -- P
More than 3,000 square feet -- -- P C Z -- Z
Services
Animal care and services Section 18.190.590; (*) outdoor boarding not allowed within 100 feet of residential development;
indoor boarding not allowed adjacent to residential
uses
(**) Noise study required when within 100 feet of
residential development to demonstrate compliance
with General Plan Noise Element
Boarding and dog day care with outdoor
area
--
Z(*)
Z(*) Z(*) --
Z(*)
--
Z(*)
--Z(*) Z(*)
Dog day care, indoor only --
P(**)
P(**) P(**) --
P(**)
--
P(**)
P3 (**) P(**)
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Table 18.45.060-1: Commercial and Mixed Uses
Use 2012
NAICS2
Zones
Specific Use Requirements/ Notes
C-O C-N C-G C-R MX TC-P TC-T
Grooming --P P P --P --P P3 P
Veterinary clinics and animal hospitals --
P(**)
ZP(**) ZP(**) --
P(**)
--
P(**)
ZP(**) ZP(**)
Personal services, other1 , excluding piercing
services and tattoo parlors
-- -- C(*) -- -- C C Not permitted in mixed-use buildings. (*) Tattoo parlors and mModeling services are not permitted.
Piercing Services, Tattoo Parlors P P P P P P P
[All other uses in Table 18.45.060-1 not listed remain unchanged]
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SECTION 8. FMC Chapter 18.49, AMENDED
FMC Chapter 18.49 is amended to read as follows:
Sections:
18.49.010 Purpose and findings for incorporation of Warm Springs/South Fremont community plan.
18.49.020 Regulations generally.
18.49.030 WSI district “planning areas.”
18.49.040 Permitted, conditionally permitted, and prohibited uses.
18.49.050 Master plan procedures. Repealed.
18.49.060 Design review permit.
18.49.070 WSI district site and building development standards.
18.49.080 Other parking requirements and parking credits.
18.49.090 Other requirements.
18.49.100 Warm Springs Innovation district art program.
18.49.030 WSI district “planning areas.”
The WSI district is divided into 10 “planning areas” to further refine development requirements within the WS/SF CP boundary:
Planning Area Name
1 Fremont Boulevard
2 Old Warm Springs Boulevard – North
3 Old Warm Springs Boulevard – South
4 4A
Innovation Way and
Subarea: Innovation Way – 1/4 mile westerly from Lopes Ct.1
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Planning Area Name
5 Lopes Court
6 Southwestern
7 Grimmer Boulevard – North
8 BART Area
9 Warm Springs Boulevard – East
10 Warm Springs Court
1 The precise depth of Subarea 4A will be has been determined as part of the master plan review process and if necessary through an amendment to the Zoning Map.by the approved master plan.
18.49.050 Master Plan Procedures Repealed
(a) On sites of five or more acres a master plan shall be obtained prior to any subdivision or other development approval. Master plan applications and approvals shall comply with the following regulations:
(1) Master Plan Components.
(A) A land use plan along with accompanying tables or other diagrams that identify proposed land uses, proposed land use standards (e.g., proposed minimum building intensities) that will demonstrate how the master plan will achieve the WS/SF CP development targets over time.
(B) Plans, sections or other diagrams that demonstrate how the proposed development will comply with Chapter 3 (Public Realm and Transportation) of the WS/SF CP, including:
(i) Network of public streets using adopted street typologies for streets identified in the WS/SF CP,
(ii) Public transit system, bicycle and pedestrian networks making linkages and fulfilling goals of the WS/SF CP and consistent provisions of the city’s bicycle and pedestrian master plans,
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(iii) Public open space using adopted open space typologies, and (iv) Public art concept for the area consistent with Section 18.49.100 (Warm Springs Innovation District Art Program).
(2) Master Plan Review and Approval Process.
(A) The planning commission shall hold a public hearing and may only recommend approval or conditional approval if it finds the master plan with or without conditions is consistent with the general plan, WS/SF CP and this chapter. If the planning commission cannot make the finding, it shall deny the master plan. A denial shall be final unless appealed to the city council in accordance with Chapter 18.300.
The city council shall hold a public hearing on the
planning commission recommendation or appeal and take action on the master plan. (B) Amendments to an approved master plan shall follow the same review and approval process prescribed for the original permit.
(3) Concurrent Submittals.
(A) A master plan may be submitted separately or in conjunction with a tentative map, design review permit or other required entitlements. When concurrent processing is requested, the planning commission will make recommendations to the city council for final action.
(4) Finding for approval of a master plan:
(A) Prior to approving a master plan permit, the city council shall find that the master plan is consistent with the general plan, WS/SF CP and this chapter.
18.49.070 WSI district site and building development standards. (c) For decreases to the minimum FARs prescribed in Table 18.49.070, the approval authority must make either of the following findings:
(1) The urban form intent of the WS/SF CP is achieved.; or (2) It can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum FAR at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent phases of development.
(d) Density Standards.
(1) Purpose and Intent. The number of dwellings per unit of land, the density, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the
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carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Finally, minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met. (2) Density Calculations.
(A) When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit. (B) When the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit.
(C) Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation. (D) For purposes of density calculations and density bonus allowances, efficiency apartments or single room occupancy units shall count as one-half a dwelling unit. (3) Density Bonuses and Density Redistribution.
(A) Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of Chapter 18.165, the general plan and state law. (B) For projects that propose a density redistribution wherein the respective density of one or more of the housing product types is either above or below the permitted density range established by the WS/SF CP and WSI zoning for the development site; the planning commission shall review and make a recommendation and the city council shall be the final approval authority for the project as part of a master plan.
Table 18.49.070 Required Site Development Standards for WSI District Required Site Development Standards
Intensity (by land use type):
Land Use Type Minimum FAR
within 1/2 mile of
BART
Minimum FAR
within remainder
of Plan Area
Industrial 0.50 0.35
Research and Development 0.50 0.35
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Required Site Development Standards
Office and Convention 1.50 0.50
Lodging 1.50 1.00
Assembly and Other Nonresidential Uses1 Part of the minimum FAR for a larger project
1 Assembly and other nonresidential uses to be approved only as part of a larger building or master plan.
SECTION 9. FMC §18.90.030, AMENDED
FMC §18.90.030 is amended to read as follows:
18.90.030 Development standards and requirements applicable to all residential districts.
The following standards shall apply in R districts:
[Subdivisions (a) through (o) remains unchanged]
(p) Visual privacy shallshould be incorporated through the use of open space between buildings, careful attention to window placement, landscaping treatment and structural screening.
[Subdivisions (q) through (u) remains unchanged]
SECTION 10. FMC §18.152.070, AMENDED
FMC §18.152.070 is amended to read as follows:
18.152.070 Parking.
(a) Automobile Parking.
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(1) Minimum Parking. Pursuant to Cal. Gov’t. Code § 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 Cal. Pub. Res. 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 section, “project” shall have the same meaning as defined in Cal. Gov’t. Code § 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. (3) Maximum Parking. The maximum number of off-street parking spaces required for each use in a (TOD) is set forth in Table 18.152.070. The zoning administrator shall determine the maximum parking for uses not identified in Table 18.152.070. based on the maximum parking for similar uses. In computing the maximum number of off-street parking spaces, any fractional space shall be rounded down.
Table 18.152.070
TOD Overlay District Automobile Parking Standards (“KSF” shall mean 1000 square feet of gross floor area)
Type of Use Maximum Parking
Multi-Family Residential (per unit) 1 covered, 0.5 uncovered Mixed-Use Multifamily Residential 1 covered per unit
Commercial Uses (retail/service/general office) 4 per KSF Mixed Use Commercial Uses
(retail/service/general office)
3 per KSF
Medical Uses (including medical offices) 4 per KSF
Assembly Uses 1 per 3 seats
Restaurant Uses 1 per 3.5 seats, plus an
additional 10%
(4) Mixed-Use Projects. Notwithstanding subsection (1) of this section, parking for mixed-use projects shall be shared and developed as a joint use under the provisions outlined in Section 18.183.090.
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(b) Not withstanding subsection (a) of this section, the following additional parking criteria shall apply within a (TOD):
(1) Car Share spaces shall be provided and credited in accordance with Section
18.183.172.
(2) Electric Vehicle Charging Stations shall be provided in accordance with Section
18.183.174.
(3) Tandem and individual mechanical parking spaces may be utilized in accordance with Section 18.183.175.
(4) Mechanical Parking Systems may be used in accordance with 18.183.176. (5) Parking garages shall meet the requirements set forth in Section 18.183.178. (b)(6) Bicycle Parking . Notwithstanding subsection (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. (c) Parking areas shall be located where residents and businesses have easy and convenient direct access. Parking areas and entrances to buildings or perimeter sidewalks shall be clearly linked. (d) Surface parking shall be located behind or to the side of a building. Surface parking shall not be located along any primary street frontage. All parking areas shall be landscaped in accordance with Section 18.183.110.
SECTION 11. FMC §18.155.020, AMENDED
FMC §18.155.020 is amended to read as follows:
18.155.020 Definitions.
For purposes of this chapter, the following additional definitions shall apply:
(a) “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 pursuant to the requirements of Cal. Health & Safety Code § 50052.5(b), as may be amended from time to time. Such affordable ownership cost currently is defined as follows:
(1) Moderate income households: 110 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent and divided by 12.
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(2) Low income households: 6070 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. (3) Very low income households: 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 affordable units by any reasonable method, so long as average monthly housing payments of eligible households do not exceed those permitted by this subsection (a).
[Subdivisions (b) through (q) remains unchanged]
SECTION 12. FMC §18.155.070, AMENDED
FMC §18.155.070 is amended to read as follows:
18.155.070 Continued affordability.
(a) The initial and subsequent sales price of for-sale projects must be set at affordable ownership cost. The community development director may, from time to time, establish affordable ownership cost in compliance with the requirements of this chapter and based on reasonably available data.
(b) For affordable ownership units, resale restrictions, deeds of trust and/or other documents acceptable to the community development director, all consistent with the requirements of this chapter, shall be recorded against the affordable units prior to sale of the units. For affordable rental units, a rent regulatory agreement consistent with the requirements of this chapter shall be recorded against the rental project prior to building permit issuance. (c) The forms of affordable housing agreements, resale restrictions, deeds of trust, rent regulatory agreements, and/or other documents authorized by this chapter, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the city attorney and the community development director prior to being executed with respect to any residential project.
(d) The documents required by subsection (b) of this section for affordable ownership units shall be for a term of a minimum of 3045 years or longer as determined appropriate by the community development director. In the case of ownership affordable units that are transferred during the required term, renewed restrictions shall be entered into on each change of ownership with a minimum of a 3045-year renewal term.
SECTION 13. FMC §18.155.080, AMENDED
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FMC §18.155.080 is amended to read as follows:
18.155.080 Alternatives for for-sale residential projects. [Subdivisions (a) through (f) remains unchanged]
(g) Preservation of Affordable Units at Risk of Loss. The applicant may propose to preserve existing affordable units at risk of loss to provide the affordable housing required by this chapter.
The city may approve preservation of affordable units at risk of loss pursuant to this subsection only if the proposal meets all of the following conditions:
(1) The affordable units to be preserved shall be affordable to low income and very low income households; and
(2) The term of affordability shall be extended for a minimum of 55 years for rental affordable units and for a minimum of 3045 years for ownership affordable units; and (3) The affordable units to be preserved shall be shown as at risk of loss in the housing element of the city’s general plan, or the city council must find at a public hearing that the affordable units are eligible to, and reasonably expected to, convert to market-rate units in the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use; and
(4) Prior to occupancy of the residential project, the affordable units to be preserved shall be in decent, safe and sanitary condition and in compliance with all codes.
No building permit shall be issued for any units in the residential project until regulatory agreements acceptable to the community development director have been recorded to extend the term of affordability for the affordable units at risk of loss as required by this subsection.
SECTION 14. FMC §18.165.030, AMENDED
FMC §18.165.030 is amended to read as follows:
18.165.030 Calculation of residential density bonus and number of incentives and concessions.
(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:
(1) Ten percent of the total units of the housing development as target units affordable to lower income households; or
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(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) All of the dwelling units in the housing development are offered to the public for sale. (c) Subject to the findings included in Section 18.165.090, the city shall grant a density bonus of 20 percent of the type of units listed in subsection (c)(1) of this section 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 for transitional foster youth, as defined in Cal. Educ. Code § 66025.9; disabled veterans, as defined in Cal. Gov’t Code § 18541; or homeless persons, as defined in the federal McKinney- Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and (2) The units described in subsection (c)(1) of this section are subject to a recorded restriction requiring that the units remain affordable to very low income households for 55 years.
(d) Replacement housing shall be provided on a site which meets both of the following conditions:
(1) Rental housing is now located or was located on the site at any time in the five-year period preceding the date of submittal of the density bonus application; and (2) The rental housing is or was, during that five-year period:
(A) Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to very low and lower income households;
(B) Subject to any form of public rent or price control; or (C) Occupied by very low or lower income households.
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A housing development subject to this subsection (d) is not eligible for a density bonus, incentive, concession, waiver, or modified parking provided by this chapter unless the proposed housing development contains one of the following, whichever results in a greater number of affordable units:
(3) The percentage of target units specified in subsection (a), (b), or (c) of this section; or (4) The replacement affordable units specified in Cal. Gov’t Code §§ 65915(c)(3)(B) and (C).
(e) The density bonus for which the housing development is eligible shall increase if the percentage of very low income, lower income, or moderate income target units is increased, as specified in Cal. Gov’t Code §§ 65915(f) and summarized in subsection (k) of this section. When calculating the maximum residential density and the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer. (f) The density bonus units shall not be included when determining the number of target units required to qualify for a density bonus. When calculating the required number of target units, any calculations resulting in fractional units shall be rounded to the next larger integer. (g) The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required target units pursuant to subsections (a) through (d) of this section. Regardless of the number of target units, no housing development may be entitled to a density bonus of more than 50 percent. (h) Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income target units, lower income target units, or moderate income target units, the project’s status as a senior citizen housing development, or the project’s provision of housing for transitional foster youth, disabled veterans, or homeless persons. Density bonuses from more than one category may not be combined. (i) Subject to the findings included in Section 18.165.090, when a developer seeks a density bonus, the city shall grant incentives or concessions listed in Section 18.165.080 as follows:
(1) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development, or for projects that include at least 20 percent of the total units for lower income students in a student housing development.
(2) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.
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(3) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.
(4) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a common interest development.
(4)(5) FourFive incentives or concessions for projects that include 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (j) In accordance with state law, neither the granting of a concession or incentive nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (k) The following tables summarize this information, and are intended to be compliant with Cal. Gov’t. Code § 65915 et seq., as may be amended:
[Density Bonus Summary Table remains unchanged]
Incentives/Concessions Summary Table
Target Group Target Units
Very Low Income 5% 10% 15% 16% 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% 45%
Lower income students in a student housing
development
20%
Maximum Incentive(s)/Concession(s) 1 2 3 4 45
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Incentives/Concessions Summary Table
Target Group Target Units
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.
(l) Pursuant to Cal. Gov’t. Code § 65915(v), provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, an additional density bonus shall be granted when an applicant proposed to construct a housing development that conforms to subsection (a) to (c) of this section, agrees to include additional rental or for-sale unit affordable to very low income households or moderate income households, and meets any of the following requirements:
(1) The housing development conforms to the requirements of subsection (a)(1) and provides 24 percent of the total units to lower income households. (2) The housing development conforms to the requirements of subsection (a)(2) and provides 15 percent of the total units to very low income households. (3) The housing development conforms to the requirements of subsection (b)(1) and provides 44 percent of the total units to moderate-income households. (m) An additional density bonus for a housing development project that meets the requirements of subsection (l) shall be granted as follows:
Additional Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
Very Low Income 5 20
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6 23.75
7 27.5
8 31.25
9 35
10 38.75
Moderate Income 5 20
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
(n) The increase required by subsection (m) shall be in addition to any increase in density granted by subsection (a).
(o) The additional density bonus required under subsection (m) shall be calculated using the number of units excluding any density bonus awarded by this section.
SECTION 15. FMC §18.183.172, AMENDED
FMC §18.183.172(a) is amended to read as follows:
18.183.172 Alternative and shared transportation and electric vehicle parking spaces. (a) Parking spaces or their land area equivalent shall be made available for alternative and shared transportation, as provided in subsections (a)(1) and (2) of this section. The applicant
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shall submit a letter of intent from a certified car share parking organization for the parking spaces prior to issuance of a building permit. The planning manager may waive the car share parking requirement if the applicant demonstrates they have made all reasonable efforts to enter into a contract with a certified car share parking organization and provides written evidence of sufficient outreach notifying them of the pending availability of parking spaces. Waiver of car share parking requirement shall not reduce the total number of required parking spaces for a given project. The parking spaces or land area equivalent used for this purpose may be counted toward the minimum required motorized vehicle parking spaces for a project, but shall not count towards maximum parking limits for a project. Shared bicycle or scooter parking, staging, or storage areas provided pursuant to this section shall be in addition to and not credited toward the minimum bicycle parking that is otherwise required for the project per Section 18.183.135.
Parking or staging and storage areas shall be clearly marked for its intended purpose. When required by the applicable zoning district regulations, the following off-street car share parking space ratios shall apply:
(1) Residential Uses.
(A) Twenty-four dwelling units or less: none.
(B) Twenty-five to 99 dwelling units: one full-sized parking space. (C) One hundred or more dwelling units: two full-sized parking spaces, plus one additional space for every 100 dwelling units over 100. (2) Nonresidential Uses.
(A) For projects that provide 49 or fewer nonresidential parking spaces: none. (B) For projects that provide 50 to 99 nonresidential parking spaces: one full- sized parking space.
(C) For projects that provide 100 or more nonresidential parking spaces: one full- sized parking space, plus one additional space for every 100 nonresidential spaces over 100.
[Subdivision (b) remains unchanged]
SECTION 16. FMC §18.183.176, AMENDED
FMC §18.183.176 is amended to read as follows:
18.183.176 Mechanical parking systems.
Required parking spaces for all uses may be accommodated through the use of automated mechanical parking systems when included within a building or parking garage,
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subject to the requirements below and the approval authority’s discretion when considering specifics of the proposed site layout and design. Mechanical parking systems in a private garage, such as that serving a single-family house or a townhouse, shall serve only one residential unit on the subject property. The types of mechanical automobile parking lift systems that are covered by this section are: two-post lifts, four-post lifts, and scissor lifts, though other types of mechanical automobile parking lift systems may be considered on case-by-case bases, by discretion of the planning manager. Mechanical automobile parking lifts must satisfy the following:
(a) The platform of the mechanical lift on which the automobile is first placed shall be individually and easily accessible and shall be placed so that the location of the platform and vehicular access to the platform meets the accessibility requirements of the adopted building code.
(b) Mechanical automobile parking lifts shall maintain the followingminimum clear width between vertical supports or any obstructions: and minimum stall heights per manufacturer’s specifications.
(1) Minimum eight-foot clear width for standard stalls; (2) Minimum seven-foot clear width for compact stalls. (c) The stall heights within the mechanical automobile parking lifts shall be as follows:
(1) Minimum clear height of seven feet for standard stalls; (2) Minimum clear height of six feet for compact stalls. (d)(c) The minimum required ceiling clearance (above the required minimum stall height of the topmost stall) shall be 18 inches for sprinklers, or as-needed for roll-up doors. (e)(d) Mechanical automobile parking lifts must provide adequate and unobstructed door clearance for a vehicle operator, passenger, or lift attendant to exit a vehicle per manufacturer’s specifications.
(f)(e) Mechanical automobile parking lifts shall be arranged in such a manner as to allow full operation of the sprinkler system.
(g)(f) No parking spaces are permitted at the front of mechanical automobile parking lifts.
Tandem parking within the path of travel to and from the driveway or vehicle entrance and the mechanical lift is not allowed.
(h)(g) The parking area shall be capable of accommodating required on-site queuing spaces for the shuffling of cars. The queuing spaces shall be arranged so that the required driveway access aisle is not reduced to less than 10 feet wide. Each of the queuing spaces shall be minimum eight feet wide and 18 feet long.
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(i)(h) A “Covenant and Agreement Regarding Maintenance of Vehicle Lift System” prepared to the satisfaction of the planning manager shall be recorded with the Alameda County recorder’s office to maintain the vehicle lift system in operable condition at all times. (j)(i) Installation of the mechanical automobile parking lift shall comply with the applicable provisions of the adopted building code.
(k)(j) Mechanical automobile parking lifts shall comply with all requirements of the adopted fire code and the Fremont fire department.
(l)(k) Building permits shall be obtained for all mechanical and electrical work. (m)(l) The mechanical automobile parking lift shall be installed on a level surface. The supporting structure and connections to the supporting structure shall be designed by the state of California licensed civil or structural engineer. The weight of the automobiles shall be included in determining the design seismic load.
(n)(m) Mechanical automobile parking lifts are not permitted within required front, side, or rear yards.
SECTION 17. FMC §18.183.180, AMENDED
FMC §18.183.180 is amended to read as follows:
(a) Parking and Storage Regulated – General Provisions.1 (1) General. The parking and storage of vehicles and equipment upon certain residential lots and streets shall be governed by the regulations prescribed in this section (in addition to other applicable provisions of this chapter and title).
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(b) Lots and Streets Subject to Regulation. The following lots and streets are subject to the parking and storage regulations of this sectionDefinitions:
(1) Residential District Lots. Any lot developed with a single-family or two-family dwelling in any residential district is subject to all the provisions of this section applicable to lots.
(2) Residential Streets. Any street abutting a block upon which is situated one or more lots abutting such street, developed with a single-family or two-family dwelling in a residential district. , is subject to the provisions of this section applicable to streets, in particular subsection (g) of this section. For the purposes of this section, “street” includes “alley.”
Pursuant to the foregoing, the street parking regulations apply not only to the portion or portions of the street immediately abutting one- and two-family developed lots, but also to any portion on either side of the street on the block (the nearest intersecting streets defining the termini of a block) which abuts undeveloped lots or lots developed with other uses, including multiple dwelling; provided, that the street parking regulations shall not apply to any portion of the street on the block, if any, which abuts a lot (developed or undeveloped) which is not in a residential district, unless such lot is designated for residential use in the general plan or is used for a nonconforming residential use. (3) (A) Nonconforming Residential Lot Use. Any lot developed with a building used for single-family or two-family dwelling purposes (whether or not such building was originally designed as a dwelling or is used exclusively as a dwelling), and which lot is not located in a residential district, is not adjacent to any other lot in a residential district, and
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does not abut a residential street, is subject only to certain provisions of this section, as follows:
(i) If the lot is not designated for residential use on the general plan, any parking or storage of vehicles and equipment in a side or rear yard of the lot shall conform with the provisions of subsection (d) of this section prohibiting parking or storage within five feet of any door, window or other opening. (ii) If the lot is designated for residential use in the general plan, parking and storage in a side or rear yard shall conform with all the provisions of subsection (d) of this section, and any other improvements constructed at any location on the lot for parking and storage shall conform to all regulations which would be applicable to the lot if located in a residential district. (iii) If the lot abuts a street abutting a block upon which is situated one or more other lots, abutting such street, developed with a single-family or two-family dwelling in a residential district, then such (nonconforming residential use) lot is subject to the provisions of this section applicable to streets referred to in subsection (b)(2) of this section, and to the provisions of this section applicable to driveway parking (regardless of whether such lot is or is not designated for residential use in the general plan).
(c) Garages and Carports.4 Any vehicle and any equipment may be parked or stored within a private garage or carport. If both a carport and a garage are located on the site, vehicles and equipment which are required to be screened pursuant to this section shall be stored or parked only in the garage.
All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of not less than seven feet above the finished floor to any ceiling, beam, pipe or similar obstruction. Private garages with mechanical lift systems shall meet all requirements of Section 18.183.176manufacturer specifications and adopted building and fire code requirements. All entrances to and vertical clearances within private garages, including the garage door entry, shall have a minimum, unobstructed vertical clearance of eight feet two inches for accessibility to parking spaces for persons with physical disabilities.
[Subdivision (d) remains unchanged]
(e) Driveways.5
(3) Location Restrictions. No vehicle or equipment or portion thereof shall be parked or stored within any part of a front yard, or street side yard (on a corner lot), which is not a driveway. No vehicle or equipment shall be parked or stored in a manner such that a portion thereof overhangs any part of a front yard, or street side yard (on a corner lot), which is not a driveway.
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Vehicles and equipment shall be parked, placed or stored on a driveway so that the side of such vehicle or equipment is substantially parallel to the edge of the driveway.
No vehicle or equipment shall be parked or stored upon any part of a driveway, commencing at a front or side street lot line, extending into any side yard area beyond or behind the side of the principal building on the lot facing the street from which the driveway commences. However, the parking area as defined as an extended driveway in this section shall be excluded from this limitation.
No vehicle or equipment shall be parked or stored on any part of an extended driveway within three feet of the side lot line.
No vehicle or equipment shall be parked or stored upon a driveway commencing at a rear lot line (on a through lot), unless such driveway provides the sole vehicular access to the lot, in which event parking or storage in any part of such driveway extending into any side yard area shall be subject to the limitations on driveways commencing at a front or side street lot line.
Subject to the foregoing limitations of this subsection applicable to side yard parking, if the driveway extends beyond and outside the required front yard, or street side yard (on a corner lot), or rear yard (on a through lot), vehicles and equipment parked or stored on such driveway shall be parked or stored outside such required yard area to the extent physically possible.
No vehicle or equipment shall be parked or stored in any sidewalk or other area of the street at the entrance of the driveway to the lot, except to the extent that it is necessary to temporarily leave a vehicle standing in such area in order to open or close a door or other enclosure to a garage, carport or parking area on the lot, or to accomplish other similar necessary actions incidental to the ingress or egress of the vehicle to or from the lot; provided, that any such temporary standing of a vehicle in any such area of the street is not a hazard to pedestrians, motorists or vehicles on the street and is not in violation of any traffic or street parking regulation imposed pursuant to this code or the California Vehicle Code.
(4) Visitor Parking. Notwithstanding Section 18.190.350 and subsections (e)(2) and (3) of this section, a visitor to a resident of a single-family or two-family dwelling located in a residential district may park on the driveway and may temporarily reside in a vehicle, including those exceeding 25 feet in length, based on the criteria listed below:
(A) The vehicle is registered or leased to and operated by a person permanently residing more than 50 miles from the visitation site.
(B) The vehicle is used for recreational housing purposes only, such as a camping trailer or motor home.
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(C) The vehicle is self-sufficient in that no utility service shall be connected to the vehicle for the duration of the visit. On this basis, the vehicle owner or lessee and operator shall not connect utility service to the vehicle while parked within the city. (D) The vehicle may be parked for a period of time not to exceed a total of five days in a 30-day period.
(E) The vehicle may not overhang into or interfere with the public right-of-way and other areas used by the general public.
(F) The use of the vehicle as a temporary shelter, as permitted under this subsection, shall not result in a substantial adverse effect on the health and/or general welfare of users of adjacent or proximate property.
(G) The placement of the vehicle shall comply with the restrictions for driveway parking as stated in subsection (e)(3) of this section. [Subdivision (f) remains unchanged]
(g) Residential Streets.7
(1) Notwithstanding any provisions of this subsection to the contrary, the parking of any vehicle on a street remains subject to regulation of parking established pursuant to this code or the California Vehicle Code.
(2) Any motor vehicle not exceeding 20 feet in length and eight feet in height, except a commercial vehicle or motor vehicle which is not a passenger vehicle, is exempt from the provisions of this subsection.
(3) No equipment or other nonvehicular property, and no nonmotorized vehicle unattached to a motor vehicle, shall be parked or stored in any residential street subject to subsection (b)(2) of this section except that travel trailers, as defined by Section 18.25.2920, shall be allowed the loading/unloading exemption as provided in subsection (b)(6) of this section; provided, that the tires of the travel trailer are blocked to prevent movement of the vehicle in accordance with the California Vehicle Code.
(4) Any commercial vehicle or motor truck under five tons may park on any street subject to subsection (b)(2) of this section, between the hours of 6:00 a.m. of one day to 2:00 a.m. the next day (a 20-hour period), without restriction pursuant to this subsection. However, no person shall park or leave standing on any street, between the hours of 2:00 a.m. and 6:00 a.m. (a four-hour period), any commercial vehicle or motor truck which is not a passenger vehicle.
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(5) Except as provided pursuant to subsections (g)(6) and (7) of this section, no person shall park or leave standing on any street subject to subsection (b)(2) of this section any of the following:
(A) Any motor vehicle exceeding 20 feet in length;
(B) Any nonmotorized vehicle attached or connected to a motor vehicle which together exceed 20 feet in length measured from the front of the motor vehicle to the end of the nonmotorized vehicle.
(6) Notwithstanding subsection (g)(5) of this section, a resident of a single-family or two- family lot located in a residential district subject to the provisions of this section pursuant to subsection (b)(1) of this section may park a vehicle, otherwise prohibited pursuant to said subsection (g)(5), on a street immediately abutting a street lot line of the lot upon which such resident resides, subject to the following limitations: such parking shall be for the convenient departure from or return to the lot by such resident in connection with a planned trip, outing or vacation of the resident (and other residents of the lot) commencing or ending the same day of such departure or return, including any loading or unloading of persons and personal property or for the preparation of the vehicle incidental to such departure or return. Such parking shall in no event extend beyond two consecutive days, nor more than three days during any seven-day period.
(7) Visitor Parking. Notwithstanding Section 18.190.350 and subsection (g)(5) of this section, a visitor to a resident of a single-family or two-family dwelling located in a residential district may temporarily reside in and park a motor vehicle on a street including those vehicles exceeding 20 feet in length, based on the criteria listed below and subject to the approval of the chief of police or designee:
(A) The vehicle is registered or leased to and operated by a person permanently residing more than 50 miles from the visitation site.
(B) The vehicle is a motorized self-propelled vehicle used for recreational housing purposes only.
(C) The vehicle is self-sufficient in that no utility service shall be connected to the vehicle for the duration of the visit. On this basis, the vehicle owner or lessee and operator shall not connect utility service to the vehicle while parked within the city. (D) The vehicle may be parked for a period of time not to exceed a total of five days in a 30-day period.
(E) The vehicle shall be parked on a street immediately abutting a street lot line of the dwelling subject to visitation.
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(F) The use of the vehicle as a temporary shelter as permitted under this subsection shall not result in a substantial adverse effect on the health and/or general welfare of users of adjacent or proximate property.
(8) Notwithstanding any provisions of this section, except subsection (g)(1) of this section, no person who is not a resident of the city who parks a vehicle on a street contrary to any provision of subsection (g)(5) of this section shall be in violation thereof, unless and until such person has been informed of said provisions of said subsection (g)(5), or is given notice thereof by an authorized representative of the city and a reasonable opportunity to cease and desist any such parking contrary to said provisions. (Ord. 871 § 5, 10-26-71; Ord. 978 § 7, 2-12-74; Ord. 1560 § 14, 6-7-83; Ord. 2055 §§ 1 – 3, 12-14-93; Ord. 2071 §§ 1 – 4, 5-3-94; Ord. 2124 § 2, 6-20-95; Ord. 2423 § 19, 4-10-01; Ord. 05-2021 § 41, 4- 20-2021. 1990 Code § 8-22018.)
Note:
(1) Pursuant to subsection (b)(2) of this section, residential streets subject to this subsection (g) include not only sections of a street abutting single- or two-family dwelling lots but also include every section on either side of the same street and block in a residential district.
Thus, for example, this subsection (g) applies to parking in front of an undeveloped lot or an apartment house located across or down the same street on the same block on which a single- family house also fronts.
(2) The two consecutive days street parking allowed pursuant to subsection (g)(6) of this section will allow for a short “one day” family trip or outing for vehicles exceeding 20 feet.
For example, a motor home, or a pickup truck attached to a travel trailer, or a passenger vehicle attached to a trailer with a boat loaded on the trailer, exceeding 20 feet, can be driven home on a Friday from work, or from a commercial parking facility, or from a parking and storage area on the lot; then parked on the street in front of the house (and loaded and prepared); then left parked on the street overnight, and be available for convenient departure on Saturday; and then, when the family returns home Saturday evening, left overnight.
The three-day-in-seven-day limit on parking would permit, for example, three trip departures or three trip returns or two trip departures and one trip return, or one trip departure and two returns.
SECTION 18. FMC §18.186.040, AMENDED
FMC §18.186.040 is amended to read as follows:
18.186.040 Exemptions.
The provisions of this chapter shall not apply to:
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(a) Any structure for which a valid building permit was issued and any project having received discretionary approvals or a complete design review application prior to December 7, 2017. (b) Structures within the downtown, city center, town center, multifamily residential (R-3-30 or greater), or Warm Springs innovation districts.
(c) Any flagpole, antenna, ornamental spire, chimney, wireless facility, or other building element less than four feet along each horizontal dimension. (d) Any light pole or utility pole and lines.
(e) Any wireless facility subject to review under Section 18.187.040(b) or subject to an exception from standards pursuant to Section 18.187.170. (f) Any portion of a structure that does not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation.
(g) Any accessory dwelling unit or junior accessory dwelling unit subject to review under Section 18.190.005.
(h) Any two-unit development subject to review under Section 18.190.007.
SECTION 19. FMC §18.190.005, AMENDED
FMC §18.190.005 is amended to read as follows:
18.190.005 Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). (a) Purpose. The purpose of this section is to implement Cal. Gov’t. Code §§ 65852.2 and 65852.2266310-66342 by allowing the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) through ministerial review. [Subdivision (b) remains unchanged]
(c) Regulations Applicable to ADUs. The following provisions apply to all ADUs, except for the “statewide exemption ADUs,” which are only subject to the provisions provided in subsection (e) of this section. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and the California Government Code, including without limitation Cal. Gov’t. Code § 65852.266314-66332, as may be amended, the provisions of the applicable Government Code shall prevail. [Subdivisions (c)(1) through (c)(9) remains unchanged]
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(10) Passageway. No passageway shall be required in conjunction with the construction of an ADU. Per Cal. Gov’t. Code § 65858.2(j)66313(i), as may be amended, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
(11) Separate Entrance. An ADU shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling. An ADU shall also provide a separate address from the primary dwelling.
(12) Separate Sale. Except as provided in Cal. Gov’t. Code § 65852.2666341, as may be amended, an ADU may be rented separate from the primary residence; however, the ADU shall not be sold or otherwise conveyed separate from the primary residence. (13) Sewage. If applicable, where a private sewage disposal system is being used for an ADU, the approval by the local health officer shall be required. (14) Parking. No additional parking spaces shall be required for an ADU. Additionally, no replacement parking shall be required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU.
(15) Utility Connection. Pursuant to Cal. Gov’t. Code § 65852.2(f)(4)66324(d), as may be amended, an ADU within the proposed space of a primary dwelling unit or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility nor shall a related connection fee or capacity be charged unless the ADU is proposed to be constructed with a new primary dwelling.
(d) Regulations Applicable to JADUs. The following provisions apply to all JADUs. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail. In the event of a conflict between the provisions of this section and Cal. Gov’t. Code § 65852.2266333-66339, as may be amended, the provisions of the respective Government Code shall prevail. [Subdivisions (d)(1) through (d)(5) remains unchanged]
(6) Separate Sale. A JADU shall not be sold or otherwise conveyed separate from the single-family residence. A recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following:
(A) A prohibition on the sale of the JADU separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers; and
(B) A restriction on the size and attributes of the JADU that conforms to Cal. Gov’t.
Code § 65852.2266333, as may be amended.
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(7) Fire and Life Safety. For the purposes of any fire or life protection, a JADU shall not be considered a separate dwelling unit. This clause shall not be construed to prohibit the city from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone, regardless of whether the single-family residence includes a JADU or not. (e) Statewide Exemption ADUs. Pursuant to Cal. Gov’t. Code § 65852.2(e)(1)66323(a), as may be amended, an application for an ADU or JADU within a residential or mixed-use zone shall be ministerially approved if it creates any of the following:
(1) Single Family – ADUs Within Existing or Proposed Space. One ADU and one JADU per lot with an existing or proposed single-family dwelling if all of the following apply:
(A) The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety. (D) The JADU complies with the requirements of Cal. Gov’t. Code § 65852.2266333-66339.
[Subdivisions (e)(2) through (e)(4) remains unchanged]
SECTION 20. FMC § 18.190.360, AMENDED
FMC §18.190.360 is amended to read as follows:
18.190.360 Mobile homes and trailers not in mobile home parks – Use as temporary office.
An With the exception of hospitals, an establishing or expanding business in an industrial or commercial district may shall obtain a zoning administrator permit for a temporary office trailer, subject to the following requirements and standards:
(a) Purpose. The purpose of allowing office trailers for establishing or expanding firms is to create usable floor space which serves as a logical transition between the development of
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construction plans for permanent structures and the occupancy of those structures. These office trailers are not intended nor shall they be used in lieu of the eventual establishment of permanent structures.
(b) Guarantees. No permit shall be approved for a temporary office trailer until after issuance of building permits for permanent construction of the facility for which the temporary office trailer is substituted, or unless financial guarantees ensuring construction of the permanent facility, as determined to be appropriate by the zoning administrator, are submitted prior to building permit issuance.
(c) Application. Such a permit shall be considered by the zoning administrator upon submittal of a application accompanied by a specific site plan of the subject property, including all existing and generally proposed structures and land uses, a statement indicating the nature of the trailer use and what estimated length of time will transpire before a permanent structure replaces the trailer, and whatever additional information is deemed necessary by the zoning administrator. (d) Permit Period Limited. The permit shall be valid for one year from the date of approval, with the possibility of renewal for an additional year, upon approval of the zoning administrator.
No renewals are possible after the two-year period, although such expiration does not preclude filing of a new use permit.
SECTION 21. FMC §18.235.100, AMENDED
FMC §18.235.100 is amended to read as follows:
18.235.100 Amendments to design review permits.
The zoning administrator shall have the authority to approve minor modifications to a design review permit approval as long as the modified design substantially complies with the approved design. Modifications to design review permits for a “residential project,” as defined in Chapter
18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be subject to ministerial review if the modifications are objectively compliant with applicable development standards and design criteria. All other amendments to approved design review permits shall be subject to the same application and review requirements as a new application for design review.
SECTION 22. FMC §18.330.030, AMENDED
FMC §18.330.030 is amended to read as follows:
18.330.030 Time limits on approvals.
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(a) Unless conditions of approval establish a different time limit, any discretionary zoning approval granted pursuant to this title and not exercised within 24 months following the date on which the permit was approved the specified time limit provided in subsection (1) and (2) of this section shall expire and be void, as further provided in this chapter, except where an extension of time is approved in compliance with subsection (b) of this section. (1) Any discretionary zoning approval that is not a “residential project,” as defined in Chapter 18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be exercised within 24 months following the date on which the permit was approved. (2) Any discretionary zoning approval that comprises a “residential project,” as defined in Chapter 18.155, or a “housing development project,” as defined in Cal. Gov’t. Code §§ 65589.5, shall be exercised within 48 months following the date on which the permit was approved.
(b) At any time prior to expiration of the permit, the applicant may submit a written request to the zoning administrator, accompanied by the required fee, for an extension of the permit for up to 24 months from the expiration date of the initial approval. The zoning administrator shall consider and act upon the extension request unless the zoning administrator determines that the extension application warrants consideration by the planning commission. The approval authority may grant the extension request if it finds that conditions of the site and in the vicinity and those general plan, community or specific plan, zoning, and adopted city policies applicable to the site are substantially the same as when the permit was originally approved. Decisions of the zoning administrator and planning commission regarding extensions of approval may be appealed pursuant to Chapter 18.300.
SECTION 23. 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) Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; (2) 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
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
Ordinance No. ____ - 2025 (PLN2025-00065) Page 40 of 41
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.
SECTION 24. 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 25. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 26. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days b efore this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code
Ordinance No. ____ - 2025 (PLN2025-00065) Page 41 of 41
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Attachment: Draft Ordinance - Winter 2024/2025 Code Updates (5342 : Second Reading and Adoption of an Ordinance-Winter 2024/2025 Code Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5338) DOC ID: 5338
Updated: 1/2/2025 11:56 AM by Dina Lewis Page 1
2025 PAVEMENT CRACK SEAL PROJECT - Approval of Specifications and Award of Contract to Graham Contractors, Inc. in the Amount of $187,470 (Including 20% Contingency) for the 2025 Citywide Pavement Crack Seal Project (PWC8195-X1); Make Findings of CEQA Exemption.
Contact Persons:
Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Purchasing
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the construction of a project to seal cracks in the roadway pavement at various locations citywide, consisting of 10 street segments and totaling seven miles in length.
BACKGROUND: The City’s Public Works and Maintenance Operations departments monitor the pavement condition of all streets and annually perform three types of pavement treatments:
• Pothole repairs – Treatment includes the patching of holes in the pavement to address immediate safety concerns. Work is performed as needed by City Maintenance staff. Community requests for pothole repairs can be implemented most efficiently by using the “Fremont App”.
• Preventive maintenance treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost. City Public Works staff annually implements construction contracts for preventative pavement maintenance. • Rehabilitation treatments – Treatments include pavement overlays and pavement base repairs, which involve the replacement of all or portions of pavements at a relatively high cost. Rehabilitation treatments are typically implemented at the end of the pavement’s useful life. City Public Works staff annually implements construction contracts for pavement rehabilitation.
The City’s Public Work staff uses a computerized pavement management system and street inspections to monitor the condition and guide the improvement of the City’s paved street system, which includes over 500 miles of streets.
Sealing cracks is the first step in the City’s pavement preventive maintenance program.
Crack sealing extends the life of asphalt pavement by filling in cracks greater than ¼” in width with a modified asphalt material, which prevents water intrusion into the pavement structure.
DISCUSSION/ANALYSIS: This project will seal pavement cracks along 10 street segments consisting of seven centerline miles of roadway. The streets included in this crack seal project are also planned to be included in subsequent pavement improvement projects.
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Council Staff Report (ID # 5338) Meeting of January 7, 2025 Updated: 1/2/2025 11:56 AM by Dina Lewis Page 2
Bid Results: Bids were received on December 10, 2024. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $200,000.00.
Bidder Bid
1. Graham Contractors, Inc. $156,470
2. Pavement Coatings Co. $181,100
3. Bond Blacktop, Inc. $286,750
The low bidder, Graham Contractors, Inc., submitted a responsive bid and all documents are in order. The contractor is experienced in this type of work and has satisfactorily completed contracts of similar nature with the City and other public agencies.
Project Costs and Funding:
Estimated Project Costs:
Construction Contract – Low Bid $156,470
Construction Contract Contingency 31,000
Construction Inspection and Administration 23,000
TOTAL ESTIMATED PROJECT COSTS $210,470
Source of Funding:
PWC8195-501 Capital Improvements Fund $2,280,000
Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project. The budget appropriation used for the Pavement Crack Seal Project will also support other upcoming pavement maintenance projects.
Traffic Control: During implementation of the Pavement Crack Seal Project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the pavement work, staff and the contractor will need to limit access and use of the roadways during construction. Individual traffic lanes and, if necessary, project street sections will be closed to traffic briefly in order to perform the pavement work. To mitigate the impact of traffic delays on the public, any lane or street closures will only be allowed during specified hours outside of the morning and evening peak commute hours. The contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public. Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.
FISCAL IMPACT: This project will be funded through the Pavement Maintenance account (PWC8195) appropriated for this purpose through the Capital Improvement Program process.
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Council Staff Report (ID # 5338) Meeting of January 7, 2025 Updated: 1/2/2025 11:56 AM by Dina Lewis Page 3
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists.
ATTACHMENTS: None.
LINKS:
1. Project Location Map:
https://www.fremont.gov/home/showdocument?id=17073&t=638696248365834983
2. Specifications:
https://www.fremont.gov/home/showdocument?id=17071&t=638696246480770902
RECOMMENDATION: Approval of the following actions related to the 2025 Citywide Pavement Crack Seal Project (PWC8195-X1):
1. Approve the specifications for the project.
2. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, Graham Contractors, Inc. in the amount of $156,470 and allocate a 20% construction contingency in the amount of $31,000 for a total construction contract amount of $187,470 and authorize the City Manager, or her designee, to execute the contract.
3. Find the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as the maintenance, repair or minor alteration of existing facilities involving negligible or no expansion of use beyond that presently exists.
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Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5344) DOC ID: 5344
Updated: 1/2/2025 12:14 PM by Dina Lewis Page 1
ACCESS POINT AND HOUSING RESOURCE CENTER SERVICE AGREEMENT AMENDMENT - Authorize the City Manager, or her Designee, to Enter into an Amendment with the County of Alameda, for the City to Provide Access Point and Housing Resource Center Services; and Appropriate Additional Funds.
Contact Persons:
Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this staff report is to request the City Council approve a $177,082 amendment to an existing service agreement with the County of Alameda for the provision of Access Point and Housing Resource Center services for those at risk of, or currently experiencing, homelessness; and to increase appropriations by $20,000 in the Alameda County Health Care Services Agency Fund to reflect the additional contracted revenue.
BACKGROUND: In 2017, as mandated by the Department of Housing and Urban Development (HUD), Alameda County (County) began implementing the Coordinated Entry System (CES). The purpose of this system was to coordinate homeless services throughout the County and streamline prioritization for programs and permanent supportive housing units. The City’s Human Services Department has participated in CES by providing housing needs assessments, outreach, documentation and housing application support, as well as referrals to appropriate partner agencies. From 2018 through 2020, Abode Services was designated as a regional Housing Resource Center and subcontracted with the City, through the Human Services Department’s Fremont Family Resource Center (FRC), to provide housing needs assessments and drop-in services. The FRC also contracts with Eden Information and Referral to receive warm transfers from callers seeking assessments and referrals.
Since January 2021, the Alameda County Health Care Service Agency’s (ACHCSA) Office of Homeless Care and Coordination (OHCC) has contracted directly with the City, establishing the FRC as an Access Point and Housing Resource Center.
In 2024, as of the date of this report, the FRC has enrolled 200 new households in coordinated entry and has completed 159 crisis assessments and 238 housing needs assessments. Staff augments Access Point services by partnering with local service agencies during drop-in hours, including Ohlone Career Center, which offers resume support, referrals to job placement opportunities, and appointments for future career and employment coaching. Bay Area Legal Aid also provides benefits advocacy, information on eviction and preserving housing, and re-entry support.
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Council Staff Report (ID # 5344) Meeting of January 7, 2025 Updated: 1/2/2025 12:14 PM by Dina Lewis Page 2
DISCUSSION/ANALYSIS: Alameda County has requested the City continue to provide Access Point services and has proposed a one-year amendment to the current agreement (January 1, 2025 through December 31, 2025), in an amount not to exceed $177,082.
Under this amendment, the City is required to continue to provide housing problem solving services, crisis assessments, and permanent housing assessments, to eligible callers. The City provides a dedicated phone line for those seeking services and drop–in Housing Resource Center hours will continue weekly. City Staff participate in monthly regional collaboration meetings with local service providers to engage in case consultations for individuals targeted for permanent supportive housing opportunities, discuss new programs, and strategize or troubleshoot around barriers for individuals not yet targeted for services.
FISCAL IMPACT: Staff anticipates $197,082 in expenses in FY 2024/25, including unspent Calendar Year 2024 contract funding. In anticipation of this program, the City Council appropriated $177,082 as part of the FY 2024/25 Adopted Operating Budget. Staff requests the City Council appropriate an additional $20,000 in the Alameda County Health Care Services Agency Fund (Fund 179) to equal the anticipated expenses for this program through June 30, 2025. FY 2025/26 expenses will be appropriated as part of the FY 2025/26 budget adoption process.
Additional FY 24/25 Appropriation Request
Description Amount
Total FY 24/25 Anticipated Expenses in Fund 179: $ 197,082 Current FY 2024/25 Appropriation in Fund 179: -177,082
Additional FY 2024/25 Appropriation Requested in Fund 179: $ 20,000
The proposed amendment will not impact the City’s General Fund, as the current agreement and proposed amendment with the County will cover staff time and administrative overhead costs associated with the program.
ENVIRONMENTAL REVIEW: The acceptance of a grant from the County of Alameda to provide Access Point and Housing Resource Center services is exempt from review under the California Environmental Quality Act (CEQA) because it is not a “project” within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections 15061(b)(3) and 15378(b)(2),(5) as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment.
ATTACHMENTS: None.
RECOMMENDATION:
1. Authorize the City Manager, or her designee, to execute a Standard Service Agreement Amendment of $177,082 with the County of Alameda to provide Access Point and Housing Resource Center services.
2. Increase revenue estimates and appropriate an additional $20,000 for these services in the Alameda County Health Care Services Agency Fund (Fund 179).
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Council Staff Report (ID # 5344) Meeting of January 7, 2025 Updated: 1/2/2025 12:14 PM by Dina Lewis Page 3
3. Find that these actions are exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or because it is not a “project” within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections 15061(b)(3) and 15378(b)(2),(5) as it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment.
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Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5336) DOC ID: 5336
Updated: 1/2/2025 1:40 PM by Dina Lewis Page 1
CISCO PHONE SOLUTION LICENSES AND EQUIPMENT MAINTENANCE SERVICES RENEWALS - Authorize the City Manager, or her Designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution Licenses and Equipment Maintenance Services Renewals, in an amount not to exceed $388,276.20 for a Three-Year term.
Contact Persons:
Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services IT Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]
Executive Summary: The City has an existing agreement with AMS.NET, LLC, to maintain the City's Cisco Voice Over Internet Protocol (VoIP), Call Center, and Voicemail Solution.
Staff recommends that City Council authorize the City Manager, or her designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution licenses and equipment maintenance services Renewals, in an amount not to exceed $388,276.20 for a three-year term.
BACKGROUND: In 2021, the City selected AMS.NET, LLC via RFP #21-007 for the deployment of a new Cisco Voice Over Internet Protocol (VoIP), Call Center, and Voicemail Solution (Cisco Phone Solution) and to provide equipment maintenance services. This system is vital to the City's daily communication needs, supporting both internal staff and external constituent interactions.
DISCUSSION/ANALYSIS: The Cisco Phone Solution is a critical asset to the City's communication infrastructure, given the significant benefits of the Cisco Voice Over Internet Protocol (VoIP) system, mobile workforce support and enhanced voicemail architecture , which offer enhanced high availability and redundancy. The AMS support agreement expires on February 1, 2025.
AMS.NET, LLC currently provides equipment maintenance services and software licenses for the Cisco Phone Solution. Staff recommends renewing the software licenses and equipment maintenance services for the Cisco Phone Solution for an additional three years with AMS.NET, LLC.
Since AMS.NET, LLC currently provides equipment maintenance services and software licenses for the Cisco Phone Solution, the renewal of these services and licenses is exempt from the City’s competitive procurement requirements pursuant to Section 3.20.280(b) and Section 3.20.280(c) of the Fremont Municipal Code.
FISCAL IMPACT: Funds are appropriated for the Cisco Phone Solution licenses and equipment maintenance services renewals in the Information Technology Services
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Council Staff Report (ID # 5336) Meeting of January 7, 2025 Updated: 1/2/2025 1:40 PM by Dina Lewis Page 2
Department Operating Fund FY 2024/25 adopted operating budget (Fund 620). Funding for subsequent years will be requested as part of the City’s annual budget process.
ENVIRONMENTAL REVIEW: The renewal of software licenses and equipment maintenance services for the Cisco Phone Solution are exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
LINKS: None.
RECOMMENDATION: Authorize the City Manager, or her designee, to enter into Agreements, to issue Purchase Orders, and to execute implementing documents with AMS.NET, LLC, for the Cisco Phone Solution licenses and equipment maintenance services renewals, in an amount not to exceed $388,276.20 for a three-year term.
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Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5343) DOC ID: 5343
Updated: 1/2/2025 1:09 PM by Dina Lewis Page 1
CONSTRUCTION MANAGEMENT CONSULTANT SERVICES - Approval of Agreements for On-Call Construction Management Consultant Services in the Amount of $1,250,000 per Agreement with mack5, MN Engineers, Inc. and Park Engineering, Inc.; Make Findings of CEQA Exemption
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the procurement of construction management consultant services as needed to support the timely development of projects funded through the City’s Capital Improvement Program (CIP).
BACKGROUND: On-call consultant services agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand.
The work performed under this agreement will include constructability review, construction inspection and construction management of CIP projects and/or improvements associated with private land development.
DISCUSSION/ANALYSIS: In October 2024, the City solicited proposals for On-Call Construction Management Consultant Services. The selected consultants will work under a five-year Master Service Agreement.
Nineteen proposals were received from construction management consulting firms, listed alphabetically: 4LEAF, Inc., 6D PMCM, Alpha CM, Inc., Anchor, CSG Consultants, Inc., Dabri, Inc., Ghirardelli Associates, Inc., Interwest Consulting Group, mack 5, Map Infra Group LLC, Mark Thomas & Company, Inc., MCM, MNS Engineers, Inc., New City Consulting, Inc., Park Engineering, Inc., Studio 151, Swinerton, Terravanta, Inc., TRC Engineers, Inc.
An evaluation panel comprised of City staff evaluated all of the proposals based on the completeness of the proposal, project scope and understanding, overall and local experience to perform the required services, evaluation of assigned personnel and their experience, billing rates, and the consultant’s overall approach.
Based on the results of the evaluation process, staff recommends authorizing the approval of three separate master agreements for on-call construction management consultant services with mack5, MNS Engineers, Inc., and Park Engineering, Inc. in the not to exceed amount of $1,250,000 per agreement, over a period of five years.
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Council Staff Report (ID # 5343) Meeting of January 7, 2025 Updated: 1/2/2025 1:09 PM by Dina Lewis Page 2
FISCAL IMPACT: All task orders issued, and work performed by consultants under the on- call Master Service Agreements will be restricted to the funds appropriated and available for the specific project for which the work is required.
ENVIRONMENTAL REVIEW: Environmental review is not required because award of these agreements is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of the contract will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects that the consultants will provide services for will be subject to appropriate environmental review.
ATTACHMENTS: None.
RECOMMENDATION:
1. Authorize the City Manager, or her designee, to execute a Master Service Agreement for on-call construction management consultant services with the following consultants:
a. mack5 with a total amount not to exceed $1,250,000 for five years. b. MNS Engineers, Inc. with a total amount not to exceed $1,250,000 for five years. c. Park Engineering, Inc. with a total amount not to exceed $1,250,000 for five years.
2. Find that the actions are exempt from environmental review under CEQA Guidelines Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).
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Fremont City Council Meeting: 01/07/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5291) DOC ID: 5291
Updated: 1/2/2025 1:29 PM by Dina Lewis Page 1
RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
ADMINISTRATION FEE ADOPTION – Public Hearing (Published Notice) to Adopt Amendments to Revise the Rent Review Program Administration Fees and the Notice Requirements for Residential Rent Increases to Conform with State Law, Review the Annual Report on the Rent Review Ordinance and Adopt the Administration Fee for FY 2024/25 (Continued from the November 19, 2024 City Council Meeting)
Contact Persons:
Name: Robert Lopez David Persselin
Title: CDBG Administrator Finance Director
Div/Dept: Human Services Department Finance Department
Phone: 510-574-2043 510-494-4631
E-Mail: [email protected] [email protected]
Executive Summary: The proposed Ordinance amends the Rent Review Ordinance (RRO) to: (1) update the methodology for establishing the Rent Review Program (Program) Administration Fee; and (2) revises notice requirements for residential rent increases to conform with State law.
Additionally, as required by the RRO, City staff has prepared the RRO Annual Report for the City Council. The RRO Annual Report provides an update on the status of the Program. Staff has also determined the recommended FY 2024/25 annual administration fee for Council’s adoption.
The RRO authorizes the City to recover all expenditures for the administration of the Program by collecting a per rental unit fee from residential landlords. The purpose of this staff report is to recommend that the City Council adopt a per-unit fee of $16.00 for FY 2024/25, for full cost-recovery of administering the RRO.
BACKGROUND: On October 3, 2017, City Council adopted the RRO, creating a process for reviewing proposed residential rent increases exceeding 5% and establishing a Rent Review Board, although tenants and landlords are encouraged to attempt to resolve their differences through consultation and mediation before proceeding to a hearing. The RRO also requires written notice to tenants in multiple languages, establishes a penalty for landlord retaliation against tenants of $2,000 (the maximum allowable under state law), and specifies that rent may only be raised one time a year. There is also a requirement for an annual report to the City Council assessing the effectiveness of the Rent Review Program. The RRO covers all residential rental units in Fremont, including single family homes and condominiums, with a few exceptions.
The RRO is funded through an annual per-unit cost-recovery fee (Administration Fee) that is approved annually by the City Council and subsequently billed to residential landlords. To determine the Administration Fee, staff divides the total costs incurred for the administration of the RRO by the number of residential rental units subject to the RRO, with adjustments to reflect the expected collection rate and remaining funds from the prior year.
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Council Staff Report (ID # 5291) Meeting of January 7, 2025 Updated: 1/2/2025 1:29 PM by Dina Lewis Page 2
In FY 2023/24, the fee was $14.00 per unit. This year the recommended fee amount is $16.00 per unit.
DISCUSSION/ANALYSIS:
Proposed Amendments to Rent Review Ordinance
Staff determined that Section 9.60.040 (“Notice of availability of rent review required.”) of the RRO requires amendment to conform with State law. Specifically, California Civil Code section 827(b) provides that a Landlord must provide a Tenant with 90 days prior notice of a rent increase greater than 10 percent (10%).
Staff also recommends updating Section 9.60.130 (“Administration fees”) to accurately reflect the current methodology used for establishing the annual Administration Fee.
FY 2023/24 Rent Review Ordinance Annual Report
The following information serves as the required annual report to the City Council to continue assessing the effectiveness of the RRO. The report covers the period from July 1, 2023, to June 30, 2024. As of the 2020 Census, the City has approximately 234,829 residents and 78,038 occupied housing units.1 Of the total housing units in Fremont, about 21% are renter occupied. There are approximately 15,916 rental units in Fremont that are subject to the RRO. Rental units that are not subject to the RRO include units that are hotels, boarding houses, transient accommodations, dormitories, mobile home space rentals, shared housing units, and junior accessory dwelling units. The average cost of rent in 2023-2024 for a 1-bedroom unit was $2,507.2
A total of 37 requests for rent review were received between July 1, 2023, and June 30, 2024. Of the 37 cases, 18 were resolved by consultation, mediation, and/or Rent Review Board hearing, which is about 49% of the cases brought for review. 16 cases were unresolved after consultation and mediation, and three cases are still pending. In addition, one pending case from the prior fiscal year was resolved by mediation. Most cases brought to the City are resolved within the first two steps of the RRO process, which include : 1) consultation; 2) mediation; and 3) Rent Review Board hearing.
The Rent Review Board did not hear any rent review cases between 2020-2023, but in the past fiscal year, the Board convened to hear two cases. One case was successfully mediated during the hearing, while the other was not.
Rent Review Ordinance FY 2023/24 Resolved Cases
1. An increase of 8.91% was accepted by Tenant, and Landlord agreed to reimburse Tenant for the cost of a window screen and blinds and to respond to his report of rats in the unit
1 Data from the United States Census Bureau;
https://data.census.gov/cedsci/table?q=population%20in%20fremont&tid=ACSDP5Y2020.DP05 2 The average rent is calculated using data from Rent.com, Rent Café, and Zumper, and may be skewed depending on how each reporting agency collects their data.
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2. Tenant and Landlord agreed to modify a series of rent increases over three years from $2,122 to $3,413 (60.8%) and instead to $3,068 (44.6%)
3. An increase of 8.0% was reduced to 4.95%
4. An increase of 7.19% was reduced to 4.7%
5. An increase of 22.7% was reduced to 18.18%
6. An increase of 10.0% was cancelled
7. An increase of 8.75% was reduced to 0.5%
8. An increase of 8.86% was cancelled
9. An increase of 6.66% was reduced to 4.44%
10. An increase of 15.2% was reduced to 5.0%
11. An increase of 9.0% was accepted by Tenant after she understood that her increased income and lack of rent burden allowed the increase under the Landlord's BMR regulatory agreement
12. An increase of 2.9% was cancelled
13. An increase of 4.8% was accepted by Tenant when Landlord agreed to delay the effective date by two months
14. An increase of 2.69% was cancelled
15. An increase of 9.18% was reduced to 5.42%
16. An increase of 4.26% was cancelled
17. An increase of 6.14% was reduced to 2.9%
18. An increase of 9.09% was reduced to 8.8%
19. An increase of 4.99% was cancelled
Staff have seen a large increase in cases since the eviction moratorium ended and anticipate that trend to continue as the rental and job markets continue to recover.
FY 2024/25 Rent Review Ordinance Annual Administration Fee Staff has prepared a recommended per-unit Administration Fee for Council to adopt for FY 2024/25. The Administration Fee only applies to landlords with five or more units.
Amount to be Recovered: The cost recovery model divides the FY 2024/25 budgeted expenditures for administering the RRO by the total number of billable residential rental units in the City. The projected budgeted expenditures for FY 2024/25 are $343,620. The budget estimate has been adjusted to reflect a fully staffed Program compared to last year’s budget, which accounted for partial-year savings from a vacant position. With $88,968 of fund balance available for the program as of June 30, 2024, the net amount to recover is $254,652.
Item Amount
FY 2024/25 RRO Projected Expenditures $343,620
Fund Balance Available ($88,968)
FY 2024/25 Amount to be Recovered: $254,652
Total Number of Billable Units: Staff estimates the total number of billable units to be 15,916. This number is based on the number of landlords that participated in the FY 2023/24 fee process. Based on actual collections for FY 2023/24, staff is estimating a 100% collection rate for these units, which is 15,916 units.
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Council Staff Report (ID # 5291) Meeting of January 7, 2025 Updated: 1/2/2025 1:29 PM by Dina Lewis Page 4
Estimated residential rental unit fee: $16.00*
($254,652/15,916)
* Rounded up to the nearest whole dollar
Staff recommend that the City Council adopt a per-unit Administrative Fee of $16.00 for FY 2024/25, to recover the full cost of administering the RRO.
The Master Fee Schedule is amended annually to reflect each year’s budgeted or projected program expenditures, the rental unit inventory, and the estimated collection rate. In the event that the fees collected in one year exceed or fall below actual costs, adjustments will be made when the City determines the Administrative Fee for the following year.
FISCAL IMPACT: The proposed Ordinance amending the RRO and adoption of the annual Administrative Fee have no impact on the General Fund. All of the City’s ongoing costs incurred in the implementation and administration of the Rent Review Program will be recovered from rental unit owners through the annual Rent Review Program fee accounted for in the Rent Review Fund (Fund 197).
ENVIRONMENTAL REVIEW: The proposed action is exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), in that it is an administrative or fiscal activity of the City which does not have the potential for causing a significant effect on the environment, each of the foregoing providing a separate and independent basis for CEQA exemption.
ATTACHMENTS:
• ORDINANCE.Rent Review Program Updates.CAO Draft
• Draft 24-25 RRO Fee Resolution v2.ERH.Edits
RECOMMENDATION:
1. Receive the Rent Review Ordinance Annual Report;
2. Hold a public hearing;
3. Waive the first reading and introduce an ordinance amending Chapter 9.60 of the Fremont Municipal Code;
4. Adopt a resolution to amend the Master Fee Schedule to modify the Rent Review Administration Fee to $16.00 per residential rental unit in FY 2024/25 to recover the costs of administering the Rent Review Program.
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Ordinance No. XX- 2024 Page 1 of 4 ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING FREMONT MUNICIPAL CODE
SECTIONS 9.60.040 AND 9.60.130 TO REVISE THE RENT REVIEW
PROGRAM ADMINISTRATION FEE, AND THE NOTICE
REQUIREMENTS FOR RESIDENTIAL RENT INCREASES TO
CONFORM WITH STATE LAW
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 9.60.040 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.040 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 9.60.040. Notice of availability of rent review required. {Subsection (a) remains unchanged}
(b) The notice of availability of rent review shall be provided in English and the most commonly used languages within the city as determined by the director based upon the American Community Survey, the most recent census or other reputable source data and shall read as follows:
NOTICE:
Under California Civil Code Section 827(b), a Landlord must provide a Tenant with 30 days’ notice prior to a rent increase of 10 percent (10%) or less and 60 90 days’ prior notice of a rent increase greater than 10 percent (10%). In addition, Chapter
9.60 of the Fremont Municipal Code requires that a Landlord must at the same time provide and serve this written notice of the City’s Rent Review Program. This program provides a procedure for Landlords and Tenants to meet to discuss issues related to rent increases. Information about this program and a copy of Chapter 9.60 are available on the City’s website at www.fremont.gov, at the City of Fremont Family Resource Center located at 39155 Liberty Street in Fremont, California, the Development Services Center located at 39550 Liberty Street in Fremont, California, and other locations designated by the Human Services Director. Copies are also available in English and the most commonly used languages within the City as determined by the Human Services Director.
You are encouraged to contact the owner or manager of your rental unit whose name is ________________ (landlord to insert the name of the Responsible Party) at _______________ (landlord to insert email address and telephone number) to discuss this rent increase for your rental unit. In addition, if you have received notice of a rent increase of more than five percent (5%) in the last 12 months, you are also entitled to review by the City’s Rent Review Board. To initiate the rent review
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Attachment: ORDINANCE.Rent Review Program Updates.CAO Draft (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
Ordinance No. XX- 2024 Page 2 of 4 process, you must request rent review by contacting ____________________ (landlords will be advised of the name and contact information for the service provider designated by the director that is to be inserted in this notice) within 15 days of the date of the notice of rent increase. Your Landlord will be notified of your request and you will be contacted by a housing professional to discuss the rent increase. Please note that petitioning for rent review does not guarantee a reduction in the rent increase.
Under California Civil Code Section 1942.5, it is illegal for a Landlord to retaliate against a Tenant for lawfully exercising his or her legal rights. {Subsections (c) through (e) remain unchanged}
SECTION 2. FMC § 9.60.130 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.130 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 9.60.130. Administration fees.
(a) The city shall impose an annual administration fee to recover O one hundred percent of the costs incurred in the administration of the provisions of this chapter from landlords of residential properties shall be reimbursed by residential rental unit owners to the city. On an annual basis, the city manager shall recommend to the city council the amount of the administration fees, and the city council shall adopt such fees by resolution. The fee shall be determined by the city from all the costs incurred in the administration of this chapter, in the prior calendar or fiscal year, based on (1) the general costs of administration, including the costs of defending this chapter and (2) the direct costs incurred in the rent review process, including the costs of hearing. The general costs shall be apportioned equally to all residential rental units and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential rental units (defined as “residential properties” in Section 9.60.020) as allowed pursuant to, and consistent with, state law.
(b) The administration fees imposed by subsection (a) of this section shall be apportioned equally to each residential unit and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential properties, as defined in Section 9.60.020. paid by the landlord or residential rental unit owner of five or more residential rental units The administrative fee shall be paid within 45 days from the date of mailing of the billing by the city. Assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided in Chapter 5.05. The city manager shall recommend to the city council the amount of administration fees, and the city council shall adopt such fees by resolution.
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Attachment: ORDINANCE.Rent Review Program Updates.CAO Draft (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
Ordinance No. XX- 2024 Page 3 of 4 SECTION 3. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 6. 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 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. The City Clerk 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.
* * *
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Attachment: ORDINANCE.Rent Review Program Updates.CAO Draft (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
Ordinance No. XX- 2024 Page 4 of 4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the __ day of _____, and adopted at a regular meeting of the City Council held on the day of _______by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: ORDINANCE.Rent Review Program Updates.CAO Draft (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
DRAFT
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AMENDING ARTICLE V OF THE MASTER FEE SCHEDULE TO ADD
THE RENT REVIEW ADMINISTRATION FEE FOR THE
ADMINISTRATION OF THE RENT REVIEW ORDINANCE
WHEREAS, on March 1, 1994, the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and
WHEREAS, the City’s Master Fee Schedule includes fees for certain City program services, which the City is allowed to collect to cover the costs of program administration; and
WHEREAS, on October 3, 2017, the City Council adopted a Rent Review Ordinance, which went into effect on January 1, 2018, (the “Ordinance”) creating a process for tenants and landlords to address concerns about rent increases; and
WHEREAS, on December 5, 2017, the City Council authorized the setting of an administrative fee to allow the City to recover the costs of implementing and administering the Ordinance on an on-going basis; and
WHEREAS, Staff projects FY 2024/25 expenditures of $343,620 for administration of the Ordinance; and
WHEREAS, applying the carryover balance of unspent revenue from FY 2023/24 of $88,968, the administrative cost to be recovered through the FY 2024/25 administrative fee is $254,652; and
WHEREAS, the City has estimated that there are approximately 15,916 rental units in Fremont subject to the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. Article V of the Master Fee Schedule (Resolution No. 8672, as amended) is amended to adjust the fee schedule of the Rent Review Program to $16/residential rental unit for the administration of the Rent Review Ordinance, which shall read as follows:
Article V, Section I
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Attachment: Draft 24-25 RRO Fee Resolution v2.ERH.Edits (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND
Rent Review Program Fee
197 53510 3799 Rent Review Administration Fee $16.00
SECTION 2. The Master Fee Schedule (as adopted by Resolution No. XXXX, and as amended by this Resolution) shall be kept on file in the office of the City Clerk.
SECTION 3. The administrative fee set forth in this Resolution shall become effective on February 15, 2025.
ADOPTED, , 2025 by the City Council of the City of Fremont, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Attachment: Draft 24-25 RRO Fee Resolution v2.ERH.Edits (5291 : RENT REVIEW ORDINANCE AMENDMENTS, ANNUAL REPORT AND