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 FMC §2.20.340, REPEALED
FMC §2.20.340 is repealed as follows:
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Repealed.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:
(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
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
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)
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
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
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
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
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(**)
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
Ordinance No. ____ - 2025 (PLN2025-00065) Page 15 of 41
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
Ordinance No. ____ - 2025 (PLN2025-00065) Page 16 of 41
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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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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Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney