Exhibit A - Draft Ordinance — Fremont City Council, April 7, 2026

Ordinance No. ____ - 2026 (PLN2026-00005) Page 1 of 78

ORDINANCE NO. ____ - 2026

AN ORDINANCE OF THE CITY OF FR EMONT AMENDING VARIOUS
CHAPTERS OF FREMONT MUNCIPAL CODE TITLE 17
(SUBDIVISIONS) AND TITLE 18 (PLANNING AND ZONING) TO

CLARIFY AND ENHANCE DEFINITIONS, PROCEDURES, AND

STANDARDS RELATED TO DEVELOPMENT AND USE OF PROPERTY
WITHIN THE CITY; AND MAKING FINDINGS OF CEQA EXEMPTION
(PLN2026-00005).

WHEREAS, the City of Fremont (“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 February 26, 202 6, 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 §17.20.320, AMENDED
FMC §17.20.320 is amended as follows:

A tentative parcel map shall typically be required for all subdivisions, except as otherwise provided in this chapter. Pursuant to Government Code Section 66428, for industrial projects within a zoning district allowing industrial uses of up to 80 acres, the requirement for a tentative parcel map is hereby waived, provided that a parcel map is filed and recorded in compliance with this Chapter. The City Engineer shall approve such parcel map only upon making written findings that the proposed division complies with all state and local requirements for area, improvement and design, flood control, and public road access. When a tentative parcel map is required, the subdivider of a tentative parcel map shall file an application with the planning division on a form in accordance with the most current submittal requirements prescribed by the city. The application shall be accompanied with sufficient copies information and details as required by the planning manager and one duplicate tracing. The manager shall indicate the date of filing on the prescribed application form record at the time the tentative parcel map and its accompanying data is accepted for filing. If the map offered for filing fails to include all data or information required by this chapter, the map shall be refused for filing. When a map is refused for filing, the planning manager shall notify the subdivider or his/her authorized agent in writing

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within 30 days, specifying wherein the map submitted does not constitute a complete application.

The date of resubmittal shall be noted on the approved application form record.

SECTION 2. FMC §17.20.400, AMENDED
FMC §17.20.320 is amended as follows:

At any time after the approval or conditional approval of the tentative parcel map, and prior to the expiration of such map, or after a finding by the planning manager that a tentative parcel map is not required, or when a tentative parcel map is not required for an industrial project on a site of up to 80 acres, the subdivider may file a parcel map with the city engineer for acceptance and recording. The subdivider shall provide as many blue line prints of said parcel map for checking and approval as required by the city engineer.

SECTION 3. FMC §18.25.740, ADDED
FMC §18.25.740 is added as follows:

18.25.740 Deck.

FMC 18.25.740, Deck. “Deck” shall mean any structure which provides exterior usable space above grade which is wholly or partially supported by structure apart from the wall of the house.

SECTION 4. FMC §18.25.745, ADDED
FMC §18.25.745 is added as follows:

18.25.745 Deck, rooftop.

A “rooftop deck” shall mean any structure which provides exterior usable space above grade which is located on top of conditioned or unconditioned space of a primary dwelling unit, including an attached garage.

SECTION 5. FMC §18.25.945, ADDED
FMC §18.25.945 is added as follows:

18.25.945 Dwelling, primary.
“Primary dwelling” shall mean a principal unit on the property that provides a complete dwelling unit that conforms to the underlying zoning development standards.

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SECTION 6. FMC §18.25.1900, AMENDED
FMC §18.25.1900 is amended as follows:
"Mobile home" means a structure transportable in one or more sections, designed and equipped to contain no more than one dwelling unit, to be used with or without a foundation system.

Mobile home shall include Recreational Vehicles defined now or hereafter in Cal. Health & Safety Code § 18010 as may be amended.
“Mobile home” shall mean a vehicle designed and equipped for human habitation, and for being drawn by a motor vehicle. A mobile home is a type of “trailer” or “trailer coach” or “semitrailer” as such terms are defined in the California Vehicle Code, and has the same meaning as “mobile home” as such term is defined in the California Health and Safety Code. (For the purposes of this title, the terms “mobile home,” “travel trailer” and “trailer,” which are each separately defined terms in this chapter, are mutually exclusive terms.)

SECTION 7. FMC §18.43.120, AMENDED
FMC §18.43.120 is amended as follows:

Use
2012
NAICS2
Zones Specific Use
Requirements/ Notes
CC-
TN
CC-
UO
CC-
UN

Assembly, Entertainment, Recreation
Banquet hall1 -- C -- Sections 18.190.025 and

18.190.140
Club, lodge, meeting hall, or membership
organization
-- Z Z Sections 18.190.025 and

18.190.050
Exhibition and conference halls1 not
associated with full service hotels1
-- Z Z Section 18.190.025
Fitness and recreational sports centers 713940 -- P3 P3 Includes yoga and pilates studios.

See educational services
section for sports and
recreation instruction
(e.g., dance, martial arts,
etc.)

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Use
2012
NAICS2
Zones Specific Use
Requirements/ Notes
CC-
TN
CC-
UO
CC-
UN

Game or computing arcade1, more than five
gaming devices
-- Z Z Section 18.190.180
Without alcoholic beverages and closed before
10:00 p.m.
-- P P
With alcoholic beverages and/or open after
10:00 p.m.
-- Z Z
Assembly uses1 not listed elsewhere
including: cultural institutions, libraries,
museums, religious facilities, etc.

Z Z Z Section 18.190.025
Indoor commercial recreation1 including:
billiard hall, bowling alley, gymnasia, indoor
tennis, swimming, etc.
-- C C Section 18.190.420;
Chapter 5.90 applies to
swimming facilities;
See educational services
section for sports and
recreation instruction
(e.g., dance, martial arts,
etc.)
Closed before midnight -- P P
Open after midnight and/or with sale of
distilled spirits
-- C C
Outdoor commercial recreation including
pickleball

Within 100 feet of residential development -- Z Z
Beyond 100 feet of residential development -- P P
Parks, public P P P
Place of entertainment1, not elsewhere listed
in this table
-- Z Z Chapter 5.45 and
Section 18.190.025
Nightclubs1 and dance clubs1 -- C -- Chapter 5.45 and Section 18.190.025

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Use
2012
NAICS2
Zones Specific Use
Requirements/ Notes
CC-
TN
CC-
UO
CC-
UN

Theater and performance venues,
including: concert hall1, dinner
theater1, motion picture theater1,
or performing arts theater1
-- Z Z Chapter 5.45 and
Section 18.190.025a

Automotive and Transportation
Automotive repair services, major1 or minor1 -- -- -- Automotive parts and accessories stores 441310 -- P3 P3 Section 18.190.027 Auto sales and dealerships, including
motorcycles
-- -- --
Car washes1, car detailing, and gasoline
service stations1
-- -- C Section 18.190.027
Hydrogen Fueling Stations, no potential
impact on public health or safety
P P P To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended
Hydrogen fueling stations, with potential
impact on public health or safety
C C C To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended
Parking lots or structures, commercial P P P
Passenger car rental and leasing and sales with
no more than four cars stored on an exterior
grade level parking area
Z Z Z Section 18.190.027

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[All other uses in Table 18.43.120 not listed remain unchanged]

SECTION 8. FMC §18.45.060, AMENDED
FMC §18.45.060 is amended as follows:

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
Automotive and Transportation
Ambulance services -- -- C -- -- -- --
Automotive repair
services

Major1 -- -- -- -- -- -- --
Minor1 -- -- P(*) -- -- -- P(*) Section 18.190.027; (*) not permitted in HOD, TOD and
I overlay districts
Auto rental and leasing -- -- Z Z -- -- Z Section 18.190.027 Automotive parts and
accessories stores
441310 -- P P P P P3 P
Auto sales and
dealerships, including
motorcycles
-- -- P(*) P(*) -- -- Z(*) Section 18.190.027; (*) not
permitted in HOD, TOD and
I overlay districts; a zoning
administrator permit is required if
there are outdoor sales

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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
Boat and trailer sales and
service
-- -- Z Z -- -- -- Section 18.190.027; not permitted in TOD overlay district
Car washes1, car
detailing, and gasoline
service stations1
-- C C C -- -- C Sections 18.190.027 and 18.190.190;
not permitted in mixed-
use buildings; gasoline service
stations not permitted in
TOD overlay district
Hydrogen fueling
stations, no impact on
public health or safety
P P P P P P P To the extent required to be
permitted by Cal. Gov’t Code §§
65850.7, as may be amended
Hydrogen fueling
stations, with potential
impact on public health or
safety
C C C C C C C To the extent required to be
permitted by Cal. Gov’t Code §§
65850.7, as may be amended
Mobile home and
recreational vehicle deale
rs
-- -- -- Z -- -- -- Section 18.190.027
Parking lots or structures,
commercial
-- P P -- P C C

Health Care and Social Assistance
Continuing care
retirement
C C -- -- -- Z P Section 18.190.026

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communities1 and
assisted living facilities
for the elderly1
Day care, child1 Z Z Z -- Z Z Z Section 18.190.400
Day care facility for
adults1
-- -- P -- P P3 P Not including residential care
facilities
Health care and social
assistance, not elsewhere
listed in this table
62 Z Z Z -- Z -- Z
Hospitals 622 C C Z -- -- -- C
Medical clinics,
convenience1
-- A A A A A A
Nursing care facilities
(skilled nursing facilities)
623110 -- Z Z -- -- -- Z Section 18.190.410; not permitted in mixed-use projects
Residential intellectual
and developmental
disability, mental health,
and substance abuse
facilities
6232 -- C C -- -- -- C Not permitted in mixed-use projects Skilled nursing health
facilities1
-- Z Z -- -- C Z Section 18.190.026
Surgery centers,
outpatient

P Z P -- -- -- Z

Residential
Emergency shelters1 P P C -- P P P Not permitted in a special flood hazard area; Section 18.190.150

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Live/work units1 -- -- -- -- Z(*
)
Z(*) Z Section 18.190.290
(*) Not allowed along
main street corridor frontages as
shown in the community character
element
Low-barrier navigation
centers1
P P P P P Section 18.190.295
Residential, as
component of mixed-use
project only
C
P
C
P
--P -- P P P
Residential care facilities1 P P -- -- P P P Within residential units only. Commercial building
conversion not permitted.

Section 18.190.465
Supportive1 and/or transit
ional housing1
P(
*)
P(
*)
-- -- P3 P3(*
)
P (*) Allowed only as a component of
a mixed-use project.

Section 18.190.527
[All other uses in Table 18.45.060-1 not listed remain unchanged]

SECTION 9. FMC §18.47.050, AMENDED
FMC §18.47.050 is amended as follows:

Table 18.47.050
Permitted, Conditionally Permitted, and Prohibited Uses in Place-Type Zones

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Use 2012
NAICS2
Zones
Specific Use
Requirements/ Notes D-
CA
D-
MD
D-
E
D-
CC
Automotive and Transportation
Automotive repair services, major1 or
minor1
-- -- -- --
Automotive parts and accessories stores 441310 -- -- P3 -- Auto sales and dealerships, including
motorcycles
-- -- -- --
Car washes1, car detailing, and gasoline
service stations1
-- -- -- --
Hydrogen fueling stations, no impact on
public health or safety
P P P P To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended
Hydrogen fueling stations, with potential
impacts on public health or safety
C C C C To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended
Electric vehicle, motorcycle and bicycle
sales/showrooms
P P P -- Section 18.190.027
Parking lots or structures, commercial -- P P P
Passenger car rental and leasing with no
more than four cars stored on an exterior
grade level parking area
53211 Z Z Z -- Section 18.190.027
[All other uses in Table 18.47.050 not listed remain unchanged]

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SECTION 10. FMC §18.49.040, AMENDED
FMC §18.49.040 is amended as follows:

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

AUTOMOTIVE AND TRANSPORTATION
Automotive repair,
major1
Z - - - - - - - - - - P - - - - - - - - Section 18.
190.027
Automotive repair,
minor1
P P - - - - - - - - P - - - - - - - - Section 18.
190.027
Automotive parts and
accessories stores and
tire dealers
441310,
441320

P P - - - - - - - - P - - - - - - - -
Car washes1, car
detailing, and gasoline
service stations1
C - - - - - - - - - - - - C - - - - C Sections 18.
190.027 an
d 18.190.19
0 Hydrogen fueling
stations, with no
impact on public health
and safety
P P P P P P P P P P P To the
extent
required to
be
permitted
by Cal.

Gov’t Code
§§ 65850.7,
as may be

Ordinance No. ____ - 2026 (PLN2026-00005) Page 12 of 78

Not subject
to the
Hazardous
Materials
Users
Minimum
Levels of
Review
contained in
Section

18.49.040(b
)

Hydrogen fueling
stations with potential
impacts on public
health and safety
C C C C C C C C C C C To the
extent
required to
be
permitted
by Cal.

Gov’t Code
§§ 65850.7,
as may be
amended.

Not subject
to the
Hazardous
Materials
Users
Minimum
Levels of

Ordinance No. ____ - 2026 (PLN2026-00005) Page 13 of 78

18.49.040(b
)
Electric vehicle and
motorized
bicycle1 sales and
service

P P - - P-
SQ
D
P P P P P - - P Section 18.
190.027
Passenger car rental
and leasing and sales
with no more than four
cars stored on an
exterior grade level
parking area (auto
manufacturers exempt)
53211, 4
41110
Z Z - - - - - - Z P Z - - - - Z Section 18.
190.027
Railroad transportation 4821 - - C4,5 - - - - - - - - P4,5 - - - - - - - - Structured parking
facility, public
or commercial

P P P P P P P P P P P
Truck transportation
facilities not associated
with a warehousing
facility
(484) - - - - - - - - - - - - - - - - - - - - - -
Transportation, air (481) - - - - - - - - - - - - - - - - - - - - - -

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[All other uses in Table 18.49.040(a) not listed remain unchanged]

SECTION 11. FMC §18.49.090, AMENDED
FMC §18.49.090 is amended as follows:

The following additional requirements shall apply in the WSI district:
(a) All required yards and building setback area shall be landscaped or hardscaped. (b) Exterior lighting, except streetlights, shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties.
(c) Mixed-Use Development.
(1) Mixed-use development shall be designed in conformance with the applicable objective development standards contained in the Warm Springs/South Fremont Community Plan. as a complementary mix of residential and commercial uses in conformance with the permitted and conditionally permitted uses allowed by each planning area.
(2) The design of mixed-use buildings shall integrate high quality and desirable residential living environments into the prescribed building form that allows for appropriately designed unit access, security, quiet areas, privacy, private open space, and common areas.
(23) Commercial space shall be designed on the ground floor to meet the minimum finished floor to finished ceiling height and floor area depth requirements to allow for a full range of commercial and retail uses. Commercial space design requires an initial design that includes appropriate space needed for ductwork, mechanical equipment, and venting for a range of commercial uses, including restaurants. Location of mechanical equipment, hoods, and ventilation shall be located in a manner that minimizes disturbance to residents.

Window glazing shall be transparent.
(d) Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440. (e) Private Storage. Each dwelling unit shall have an enclosed storage space located within the garage, patio, or deck area, unless an alternative space is approved through a design review permit. The storage space shall have an aggregate minimum of 100 cubic feet of storage area. If located within the patio or deck area, it shall not intrude into the minimum required open space. (f) Uses in Enclosed Buildings. Uses are to be conducted entirely within an enclosed building unless otherwise identified in Table 18.49.040.

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(g) Transportation Demand Management (TDM). Permit approvals for new and expanding developments shall include measures to promote usage of alternatives to automobile travel. The goal is to reduce total vehicle trips and vehicle trips during peak hours by a minimum of 20 percent through site design measures and participation in an established transportation demand association supporting programs for enhanced transit ridership, biking, and walking. Periodic reviews of TDM measures shall also be required as part of the permit approval. (h) Right to Urban Core Operations. A variety of residential, business, cultural, civic, places of entertainment, and other uses that foster a vibrant, active urban environment are allowable within the district and may cause temporary inconvenience. Businesses and residential developments in the district are is subject to the requirements of Chapter 18.188, which sets forth special noticing requirements intended to advise property owners, tenants and users of property of the inherent impacts and inconveniences associated with purchase, tenancy or use of property in the urban core.

SECTION 12. FMC §18.50.090, AMENDED
FMC §18.50.090 is amended as follows:

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes

AUTOMOTIVE AND TRANSPORTATION
Automobile dealers2 and motor
vehicle merchant wholesalers
(new and used), when use is
indoors and sales are by
appointment or auction only
4411 Z Z Z
Automotive repair, major1 Z - - P Section 18.190.027; except
automobile vehicle wrec
king yards1
Automotive repair, minor1 P - - P Section 18.190.027

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Automobile vehicle wrecking
yards1
- - - - C Section 18.190.027
Automotive parts and accessories
stores2 and tire dealers2
441310 and
441320

P - - P
Car washes1, car detailing1,
and gasoline service stations1
Z Z Z Sections 18.190.027 and

18.190.190
Dead storage of vehicles1 Z5 - - Z5 Section 18.190.027 Electric vehicle and motorized
bicycle1 sales and service
P P P Section 18.190.027
Freight transportation
arrangement2
4885 - - P5 P5
Hydrogen fueling stations, with
no impact on public health and
safety

P P P To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended. Not
subject to the Hazardous
Materials Users
Minimum Levels of
Review contained in
Section 18.49.040(b)
Hydrogen fueling stations, with
potential impact to public health
and safety
C C C To the extent required to
be permitted by Cal.

Gov’t Code §§ 65850.7,
as may be amended. Not
subject to the Hazardous
Materials Users
Minimum Levels of

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Review contained in
Section 18.49.040(b)
Motor vehicle towing2 488410
Without storage of vehicles P - - P
With storage of vehicles in
a corporation yard
Z5 - - Z5 Except
automotive vehicle wrec
king yards1
Packing and crating2 488991 Z5 P5 P5
Passenger car rental and leasing2 53211 Z - - - - Section 18.190.027 Transportation, air2 481 - - - - C5
Transportation, rail2 4821 - - - - P5
Transportation, transit and ground
passenger2 and scenic and
sightseeing, land2
485 and 487
1 Without storage of vehicles Z P P
With storage of vehicles in
a corporation yard
Z Z P
Transportation, trucking2 facilities
not associated with a warehousing
facility
484 - - P5 P5
Trucking terminal2 with direct
access to a designated truck route
488490 - - - - Z

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
INDUSTRIAL USES AND SERVICES5
Carpet and upholstery cleaning
services2
561740 - - - - P5
Construction2 without
a corporation yard1
23 P5 P5 P5
Corporation yard-service yard-
fleet yard and contractor’s storage
yard1 (permanent facilities)
Z5 Z5 Z5 See 18.190.080 for
temporary construction
yards
Dry cleaning and laundry
services2
812320 Z5 - - P5
Information2 (e.g., newspaper and
book publishing, software
publishing, motion picture and
sound recording studios, radio and
television broadcasting, and data
processing and hosting) excluding
telecommunication facilities1
51 P5 P5 P5 See miscellaneous
section for
telecommunication
facilities1
Mini-warehouses for household
goods1
Z5 Z5 Z5 18.190.330
Warehousing, general1 (including
e-commerce and e-catalog
retailers) excluding mini-
warehouses for household
goods1 and warehousing
for firearms1 or refrigerated
warehousing and storage2
(493120) P5 P5 P5 18.190.600 and 18.190.6
10 See retail section for
retail uses in connection
with a warehouse

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Warehousing and
storage, firearms1
- - C5 C5 18.190.160, 18.190.600
and 18.190.610
Warehousing and storage,
refrigerated2
493120 Z5 Z5 Z5 18.190.600 and 18.190.6
10 INDUSTRIAL – MANUFACTURING
Alternative energy products and
related components and services
(e.g., batteries, energy storage and
LEDs)
P5 P5 P5
Apparel2 315 P5 P5 P5
Beverage2 3121
Breweries2, distilleries2, soft
drinks2, bottled water2,
wineries2
31212, 3121
4, 312111, 3
12112 and 3
1213
Z5 Z5 Z5
Ice2 312113 - - Z5 Z5
Biological products with biosafety
level1 1 or 2 (BSL 1 or BSL 2)
- - P5 P5
Biological products with biosafety
level1 3 (BSL 3)
- - Z5 Z5
Biological products with biosafety
level1 4 (BSL 4)
- - - - - -

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Chemical2 (excluding
pharmaceutical and medicine2)
325 - - C5 C5
Computer and electronic
products2
334 - - P5 P5
Electrical equipment, appliance
and components2 (excluding
therefrom battery manufacturing2)
335 (33591) P5 P5 P5
Fabricated metal products2
Coating, engraving, heat
treating, and allied activities2,
forging and stamping2 and
fabricated structural metal2
3328, 33213
and 32312
- - Z5 Z5
Machine shops2 332710 P5 P5 P5
Small arms ammunition
manufacturing2, ammunition
manufacturing2, small arms,
ordnance, and ordnance
accessories2
332992, 332
993 and 332
994
- - - - C5 18.190.160
Fabricated metal products2 not
elsewhere listed in this table,
excluding weapons and
ammunition manufacturing
332 - - P5 P5
Food2 311

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Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Bread and bakery product
manufacturing2 and
confectionery manufacturing2
31181, 3113
4 and 31135
P5* P5* P5* * Z when including a
retail or wholesale outlet
Coffee and tea manufacturing2 -
generally
311920 P5 P5 P5
Coffee and tea manufacturing2
when adjacent to any lot
designated residential in the
general plan, residentially
developed, and/or when
including a retail or wholesale
outlet
311920 Z5 Z5 Z5
Food products2 not elsewhere
listed in this table (e.g., spices,
roasted nuts, flour mixes and
doughs)
311 - - Z5 Z5
Furniture and related products2 337 Z5 P5 P5
Leather and allied products2 316
Without leather and hide
tanning and finishing2
(3161) - - P5 P5
With leather and hide tanning
and finishing2
3161 - - - - Z5
Machinery2 333 - - P5 P5
Maker space1 Z5 Z5 - -

Ordinance No. ____ - 2026 (PLN2026-00005) Page 22 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Medical equipment and supplies2 3391 - - P5 P5
Miscellaneous, other2 (e.g.,
musical instruments, sporting
goods, toys and games, signs,
office supplies, etc.)
3399
Jewelry and silverware2,
candles2, crayons2 and pencil
leads2
33991, 3399
99 and 3399
40 - - Z5 Z5
Miscellaneous, other2 not
elsewhere listed in this table,
excluding tobacco pipes
3399 Z5 P5 P5
Primary metal2 331 - - - - C5
Transportation equipment2 336
Assembly of bicycles from
purchased parts
P5 P5 P5
Motor vehicle2, and motor
vehicle body and trailer2,
and motor vehicle parts2
3361, 3362 a
nd 3363
- - Z5 Z5
Transportation equipment2 not
elsewhere listed in this table,
excluding guided missiles
336 - - Z5 Z5
Nonmetallic mineral
products2 (e.g., cement and
concrete2, clay product and
327

Ordinance No. ____ - 2026 (PLN2026-00005) Page 23 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
refactory2, lime and gypsum
products2)
Cement and concrete products2 3273 - - - - C5
Clay products and refractory2,
lime and gypsum products2 and
other nonmetallic mineral
products2
3271, 3274 a
nd 3279
- - - - Z5
Glass and glass products2 3272 P5 P5 P5
Paper2 322
Pulp, paper and paperboard
mills2
3221 - - - - C5
Paper2, not elsewhere listed in
this table
322 - - P5 P5
Petroleum and coal products2 324 - - - - C5
Pharmaceutical and medicine
manufacturing2 not
exceeding biosafety level 2
3254 - - P5* P5* * Biosafety level 3 may
be considered through a
Z
Plastics and rubber products2 326 - - Z5 P5
Printing and related support
activities2
3231 Z5 Z5 P5
Textile mills2 and textile product
mills2, assembly of (e.g., carpets,
curtains, linens)
313 and 314 - - - - P5

Ordinance No. ____ - 2026 (PLN2026-00005) Page 24 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Tobacco2 and tobacco products
(including electronic cigarettes
and electronic cigarette products)
3122 - - - - - - Tobacco products
defined in Chapter 8.55
Wood products2 321
Sawmills and wood
preservation2
3211 - - - - C5
Wood products2 not elsewhere
listed in this table
321 Z5 Z5 P5

SERVICES
Artisan and craft shops, such as
taxidermists and art studios
P5 - - - -
Astrology1 - - - - - -
Business support services2,
including commercial art,
computer and data processing,
mailboxes and postal services,
mailing and reproduction,
messenger services, photography,
and similar services
5614
Without a corporation yard1 P5 P5 P5
With a corporation yard1 Z5 Z5 P5
Caterers2 excluding banquet halls1 722320 P P P

Ordinance No. ____ - 2026 (PLN2026-00005) Page 25 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Consumer goods rental2, general
rental centers2,
and commercial and industrial
machinery and equipment rental
and leasing2 without a corporation
yard1
5322, 5323 a
nd 5324

Without a corporation yard1 P P P
With a corporation yard1 Z Z P
Consumer product repair and
maintenance, including repair and
servicing of air conditioning,
bicycles, cameras, electronics,
furniture, jewelry, lawnmowers,
leather goods, refrigeration,
upholstery, and similar products
and services

P - - P
Dry cleaning and laundry
services2 with on site dry cleaning
plant
812320 Z Z Z

Dry cleaning and laundry
services2 without on site dry
cleaning plant
812320 P P P
Without on-site dry cleaning P P P

With on-site dry cleaning - - - - C5

Facilities support services2 (e.g.,
janitorial, maintenance, reception,
5612

Ordinance No. ____ - 2026 (PLN2026-00005) Page 26 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
etc.), except correctional facilities
and jails
Without a corporation yard1 P P P
With a corporation yard1 Z Z P
Hotels, limited1 and full
service1 including conference
C C - - 18.190.025
Investigative and security
services2, including locksmiths
5616 P P P
Massage establishments1

A - - - - Chapter 5.65 and 18.190.
310
Personal services, general1 - - - - - -
Personal services, other1 - - - - - -
Pet care services2 and veterinary
clinics2
812910 and
541940
Z Z Z 18.190.590 for
veterinary clinics
Photofinishing2 P - - - -
Public or quasi-public use1, not
including:
corporation/contractor/fleet/servic
e yards1 and warehouses1 or any
use specifically listed in this table
as a permitted, zoning
administrator or prohibited use
C C C 18.190.025

Ordinance No. ____ - 2026 (PLN2026-00005) Page 27 of 78

Table 18.50.090
Uses in Industrial Districts
Use NAICS
(2012) I-S I-T I-G
Specific Use
Regulations/
Notes
Services to dwellings2 (e.g., carpet
cleaning, janitorial, landscape and
pest control)
5617
Without a corporation yard P P P
With a corporation yard Z - - P
[All other uses in Table 18.50.090 not listed remain unchanged]

SECTION 13. FMC §18.90.040, AMENDED
FMC §18.90.040 is amended as follows:

Duplex 8,00
05 8,000
5 10,0
005
10,0
005
10,0
005
12,0
005
20,0
005
40,0
005
8,00
0 Ordinance No. ____ - 2026 (PLN2026-00005) Page 28 of 78

Table 18.90.040
R-1 and R-2 District1 Development Standards
Zoning District1,10
Development Standard
(measurement)
R-1-
6 R-1-
6 Glen
moor
Gard
ens2
R-1-
8 R-1-
8 Miss
ion
Pal
ms
R-1-
8 Miss
ion
Ran
ch3
R-1-
10 R-1-
20 R-1-
40 R-24
Excep
tions,
Adjust
ments
and
Refere
nces
Minimum street
frontage1 (feet)
Regular lot
1 35
Flag lot1 26 – 26 – – 26 26 26 – 18.190
.165
Minimum lot
width1
Interior
(feet)
55 55 70 70 75 80 100 150 70
Corner
(feet)
65 65 80 80 80 90 110 160 80
Minimum lot depth1 (feet) 100
Minimum front yard1 depth
(feet)
20 20 25 25 25 25 35 40 25 18.170
.030
Minimum rear
yard1 depth
One First st
ory1 (feet)
25 25 25 25 25 30 40 50 25 18.170
.050
Two story1
(feet)
25 – 30 30 30 35 40 50 25
Minimum
interior si
de
yard1 dept
h6,7
First
story1
Minimum
(feet)
5 5 7 7 7 8 10 20 7 18.170
.040
Total (feet) 12 12 16 16 16 20 25 45 16
Second
story1
Minimum
(feet)
6 – 8 8 8 10 10 20 8 18.170
.040

Ordinance No. ____ - 2026 (PLN2026-00005) Page 29 of 78

Table 18.90.040
R-1 and R-2 District1 Development Standards
Zoning District1,10
Development Standard
(measurement)
R-1-
6 R-1-
6 Glen
moor
Gard
ens2
R-1-
8 R-1-
8 Miss
ion
Pal
ms
R-1-
8 Miss
ion
Ran
ch3
R-1-
10 R-1-
20 R-1-
40 R-24
Excep
tions,
Adjust
ments
and
Refere
nces
Total (feet) 15 – 20 20 20 20 25 45 20
Solar setback Minimum
(feet)
Vari
es
– Varies 18.186
Minimum street side
yard1 depth on corner
lots1 (feet)
10 10 12.5 12.5 12.5 12.5 17.5 20 12.5 18.170
.040
Maximum
building
height1
Princip
al
structu
re1
One First st
ory1 (feet)
17 178 17 178 178 17 17 17 17 18.170
.020
Two story1
(feet)
30 – 30 278,9 278,9 30 30 30 30
Maximum
building
height1.

Princip
al
structu
re1
One First st
ory1 (feet)
17 178 17

178 178 17

17 17

17 Two story1
(feet)
30 – 30

278,9 278,9 30

30 30

30)
Maximum height above grade
for finish floor level
(first story1 over
basement)9 (inches)
28 28 28 28 28 28 28 28 28
Roof pitch9,
14(rise: run)
Minimum 3:12
Not
appli
cable
3:12 3:12
Not
appli
cable
3:12 3:12 3:12
Not
appli
cable
3:12
Not
appli
cable
3:12
Not
appli
cable
3:12
Not
appli
cable

Ordinance No. ____ - 2026 (PLN2026-00005) Page 30 of 78

Maximum lot
coverage1 for first
story1 (includes garage area),
as a percentage of lot area
40 40 40 [Foo
tnote
11]
[Foo
tnote
12]
40 40 40 40
Maximum size of
second story (or understory on
a downhill lot) (as a
percentage of first story area,
not to exceed specified square
footage)13, 16
50%
or
1,00
0 s.f.
max.
– 50%
or
1,25
0 s.f.
max.
[Foo
tnote
11]
[Foo
tnote
12]
50%
or
1,50
0 s.f.
max.
50%
or
3,00
0 s.f.
max.
50%
or
6,00
0 s.f.
max.
50%
or
1,00
0 s.f.
max.

Accessory dwelling units See Section 18.190.005
Accessory structures,1 patios
and decks1
See Chapter 18.153
Fences1 and hedges1 See Chapter 18.171
1 Term is defined in Chapter 18.25.
2 See the objective design standards in the Glenmoor Gardens Design Guidelines. 3 See the objective design standards in the Mission Ranch Design Guidelines.

Ordinance No. ____ - 2026 (PLN2026-00005) Page 31 of 78

4 Standards listed are for development of duplex units. Single-family residences may utilize R-1- 6 standards; however, this may preclude subsequent duplex development. 5 Duplexes are only permitted on corner lots.
6 Rear and side yards may be substituted for one another, except that on a corner lot such substitution shall be made only between a rear yard and an interior side yard. 7 For combination one- and two-story structures, the one-story portion of the structure shall meet the one-story setback requirements and the two-story portion of the structure shall meet the two- story setback requirements. In no case shall the total side yard setback for combination one- and two-story structures be less than that required for a one-story structure only. The wider setback shall be on the two-story side.
8 For Glenmoor Gardens, Mission Ranch, and Mission Palms, height is measured from grade to the top of the roof ridge.
9 Does not apply when matching existing conditions.
10 Development standards for R-1-X districts were specified at the time of district establishment but are subject to the lot coverage and maximum second-story size standards of the district closest in size to the actual lot size as well as the solar setback requirements. No new R-1-X zones are permitted.
11 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. The overall square footage of a two-story home is limited to 35 percent of the lot area. The square footage of the second story is limited to 60 percent of the square footage of the first story, or 1,000 square feet, whichever is less. 12 Lot coverage varies based upon the number of stories. A one-story home may have up to 40 percent lot coverage. A two-story home is only possible if the first-floor lot coverage first reaches 22 percent but does not exceed 30 percent. The overall square footage of a two-story home, however, then becomes limited to 30 percent of the lot area. 13 Second story may have an area up to the lesser of 50 percent of the first-floor area and the floor area of any attached garages or 1,000 square feet in R-1-6 zoning district, 1,250 square feet in R-1-8 zoning district, 1,500 square feet in R-1-10 zoning district, 3,000 square feet in R- 1-20 zoning district, 6,000 square feet in R-1-40 zoning district, and 1,000 square feet in R-2 zoning district. The second-story limitations shall not apply to a project that involves a second story that is converted from an attic or constructed in a way that the second-story floor area is located within the slope of the roof system over the first floor. 14 Roof pitch standard may be adjusted through a discretionary design review permit.

Ordinance No. ____ - 2026 (PLN2026-00005) Page 32 of 78

15 To allow for densities permitted by the general plan, new residential development on lots that are less than 6,000 square feet may utilize the objective standards provided in the city’s “Design Guidelines for Small-Lot Single-Family Residential Developments.” 16 Any internal area that exceeds 17-feet in height is counted towards the maximum allowable square-footage for the second story.

SECTION 14. FMC §18.90.080, AMENDED
FMC §18.90.080 is amended as follows:

Table 18.90.080 Allowed Land Uses and Permit Requirements for Residential Zoning Districts
Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use Regulations
Accessory dwelling units A6 A6 A3,6 A3,6 18.190.005
Accessory or ancillary use1 A A A A
Agriculture1, except for the raising
of animals or fowl
for commercial purposes, or for
sale of any products at retail
on premises

Z Z - -
Ambulance service2 621910 C C C C
Children’s nursery school1 C C C C 18.190.400
Civic and social organizations2,
except those operated as a business
for profit
813410 C C C C
Club, community1, and
other noncommercial
C C C C 18.190.050 18.190.090 18.190
.530

Ordinance No. ____ - 2026 (PLN2026-00005) Page 33 of 78

Table 18.90.080 Allowed Land Uses and Permit Requirements for Residential Zoning Districts
Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use Regulations
recreation areas and facilities, such
as country clubs and golf courses
Continuing care retirement
communities1 and residential care
facilities for the elderly1
C C P P 18.190.026
Day care homes, family1 (small
and large)

P P P P
Duet dwelling1 - P P/Z3 P/Z3 18.90.050(i)

18.90.070(c)
Duplex or two-family dwelling1 P
on corner
lots
P P/Z3 P/Z3 18.90.050(i)

18.90.070(c)
Dwelling group1 Z Z - - 18.190.130
Elementary and secondary
schools1

C C C C
Emergency shelters1 P P P P 18.190.150
Guesthouses1 A - - - 18.190.205
Home occupation1,7 A A A A 18.190.240
Junior accessory dwelling units A A A3 A3 18.190.005

Ordinance No. ____ - 2026 (PLN2026-00005) Page 34 of 78

Table 18.90.080 Allowed Land Uses and Permit Requirements for Residential Zoning Districts
Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use Regulations
Live/work units1 - - C - 18.190.290
Low-barrier navigation centers1 P P P P 18.190.295
Meal service facility1 accessory to
a public or quasi-public use,
except when located within a
special flood hazard area1

C C C C
Multiple dwellings, including
attached or detached townhome
style units, and apartment
efficiency or single room
occupancy units1
- - P P
Continuing care retirement
communities1 and residential care
facilities for the elderly1
C C P P 18.190.026
Nursing care facilities (skilled
nursing facilities)2 Skilled nursing
health facilities1
6231 - C with
less
than
15 patient
beds
C Z C Z 18.190.410 18.190.026
Nursing homes or convalescent
hospital, licensed1
- C with
less
than
15 patient
beds
C C 18.190.410

Ordinance No. ____ - 2026 (PLN2026-00005) Page 35 of 78

Table 18.90.080 Allowed Land Uses and Permit Requirements for Residential Zoning Districts
Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use Regulations
Public or quasi-public use1 not
including:
corporation/contractor/fleet/service
yards1 and warehouses1 or any use
specifically listed in this table as a
permitted, zoning administrator or
prohibited use
C C C C 18.190.025
Residential care facilities1 P P P P
Rooming and boarding of not
more than two persons
per dwelling unit

A A A A
Rooming and boardinghouses1 - C5 C C
Single-family dwelling1 P P P/Z3 P/Z3 18.90.050(i) 18.90.070(c) Skilled nursing health facilities1 - C with
less
than
15 patient
beds
Z Z 18.190.026
Supportive housing1 16 P5 P5 P P 18.190.527
Supportive services for on-
site supportive housing1
A A A A 18.190.527

Ordinance No. ____ - 2026 (PLN2026-00005) Page 36 of 78

Table 18.90.080 Allowed Land Uses and Permit Requirements for Residential Zoning Districts
Land Use 2012
NAICS2 R-1 R-2 R-3 R-G Specific Use Regulations
Swimming pools, private
(exclusively for use
by residents and guests)
A A A A 18.190.530
Transitional housing1 P5 P5 P P
Two-unit developments and/or
urban lot splits
P - - - 18.190.007
Urban agriculture, high-impact1 Z Z Z Z 18.190.015
Urban agriculture, low-impact1 P P P P 18.190.015
Use determinations, land
(See 18.250.030)

P/Z/C P/Z/C P/Z/C P/Z/C
[All other uses in Table 18.90.080 not listed remain unchanged]

SECTION 15. FMC §18.153.050, AMENDED
FMC §18.153.050 is amended as follows:

The following provisions shall apply to patios and decks in R-1 and R-2 zoning or parcels containing single family projects:
(a) Patios and decks with finished floors not more than 18 inches above grade as measured at the midpoint of the side having the greatest change in elevation may be located in interior side yards and rear yards1.
(b) Decks with finished floors over 18 inches above grade but not more than 10 feet above grade at any point may encroach into the rear yard to within 10 feet of the rear lot line1, except

Ordinance No. ____ - 2026 (PLN2026-00005) Page 37 of 78

that no deck finished floor shall exceed a height of five feet in an (H-I) hillside combining district.
(c) Rooftop decks1 shall be set back from any interior property line a minimum of 15 feet, or comply with the minimum second story setbacks of the underlying residential zoning district, whichever is greater. The cumulative maximum size of all rooftop decks on a building shall be limited to 30% of the building’s first story area. For rooftop decks, covered area, excluding lath covered area, exceeding 10 feet above the grade established by the approved grading plan shall be considered second story area.

SECTION 16. FMC §18.155.070, AMENDED
FMC §18.155.070 is amended as follows:
(a) For affordable rental units, the term of the Affordable Housing Agreement shall be for a minimum of 55 years.
(ab) 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.
(bc) 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. (cd) 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.
(de) The documents required by subsection (cb) of this section for affordable ownership units shall be for a term of a minimum of 45 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 45-year renewal term.
(ef) Affordable units which are initially owner-occupied shall not be rented by the owner, except in cases of substantial hardship including, but not limited to, active military duty and illness, and on specified terms as provided in a resale restriction agreement or other agreement acceptable to the community development director.

Ordinance No. ____ - 2026 (PLN2026-00005) Page 38 of 78

(fg) The maximum sales price permitted on resale of an affordable unit designated for owner- occupancy shall be the lower of: (1) fair market value; or (2) the seller’s lawful purchase price, increased by the rate of increase of area median income during the seller’s ownership. The sales price may also be modified to account for capital improvements made by the seller and deferred maintenance. The resale restrictions shall provide an option to the city to purchase any affordable owner-occupancy unit at the maximum price set forth in Section 18.155.020(a) or the appraised value, whichever is lower, that could be charged to a purchaser household, at any time the owner proposes sale.
(gh) No household shall be permitted to begin occupancy of a unit which is required to be affordable under this chapter unless the city has approved the household’s eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an affordable housing agreement, rent regulatory agreement, or resale restrictions. If the city maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of affordable units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director. (hi) If the city has failed to identify an eligible buyer for initial sale of an affordable unit which is intended for owner-occupancy 90 days after the unit receives a completed final inspection for occupancy, upon 90 additional days’ notice to the city and on satisfaction of such further conditions as may be included in city-approved restrictions (such as a further opportunity to identify an eligible buyer, sale to a nonprofit affordable housing organization, or additional marketing by owner), the owner may sell the unit at a fair-market value and shall pay the city an amount equal to the difference between the sales price and the affordable ownership cost.

The amount paid to the city shall be deposited into the city of Fremont affordable housing development fund. After such a sale, the unit shall not be subject to any requirement of this chapter.

SECTION 17. FMC §18.155.080, AMENDED
FMC §18.155.070 is amended as follows:

Final inspections for occupancy of the market-rate units will be granted only after final inspections are completed for the off-site affordable units related to those market-rate units.

However, the timing requirements set forth in this subsection may be modified by the approval body as provided in Section 18.155.050(a). Prior to issuance of any building permit for any of the market-rate units of the residential projects, the city may require that completion of off-site affordable units be further secured by the applicant’s agreement to pay an affordable housing fee in the amount due under subsection (a) of this section in the event the off-site units are not timely completed.
(e) Property Dedication. The applicant may propose to dedicate, without cost to the city, property within or contiguous to the residential project sufficient to accommodate at least the required affordable units for the residential project. The city may approve property dedication

Ordinance No. ____ - 2026 (PLN2026-00005) Page 39 of 78

pursuant to this subsection only if the proposal meets all of the following conditions at the discretion of the community development director:
(1) The number of affordable units to be constructed on the dedicated property shall be at least 10 percent greater than the number of affordable units required under Section 18.155.030(a), or the affordable units to be constructed on the dedicated property shall provide units affordable to households in a lesser income category than required under Section 18.155.070(ab) (for example, low income units rather than moderate income units); and [All other text in §18.155.070 not listed remain unchanged]

SECTION 18. FMC §18.165.020, AMENDED
FMC §18.165.020 is amended as follows:

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

The city may determine sales prices of target units by any reasonable method so long as average monthly housing payments of eligible households do not exceed those permitted by this definition.
“Affordable rent” means monthly housing expenses, including all fees for housing services and a reasonable allowance for utilities, not exceeding the following:
(1) Very low income units: 50 percent of the area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12.

Ordinance No. ____ - 2026 (PLN2026-00005) Page 40 of 78

(2) Lower income units: 60 percent of the area median income for households whose income exceeds the maximum limit for very low income households, adjusted for assumed household size based on unit size, multiplied by 30 percent and divided by 12. “Area median income” means area median income for Alameda County as published pursuant to California Code of Regulations Title 25, § 6932, or successor provision. “Assumed household size” means one person in a studio apartment, two persons in a one- bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom.
“Child care facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
“Commercial development” means a construction project for nonresidential uses. “Commercial development bonus” means a modification of development standards mutually agreed upon by the city and a commercial developer that is provided to a commercial development eligible for such a bonus pursuant to Section 18.165.045. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
“Common interest development” is as defined in Cal. Civ. Code § 4100. “Density bonus” means a density increase over the otherwise allowable maximum residential density for a housing development or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. “Density bonus housing agreement” means a recorded agreement between a developer and the city as described in Section 18.165.100 to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish the number of target units, their size, location, terms and conditions of affordability, and production schedule. “Density bonus units” means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site.
“Development standard” means a site or construction condition that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution, or regulation. A “site and construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a housing development, including but not limited to a height limitation, a minimum lot area per unit requirement, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio.

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“Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Cal.

Civ. Code § 4100, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Cal. Gov’t. Code § 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. This definition includes a “shared housing” project as defined in Cal. Gov’t. Code § 65915. “Incentives or concessions” means such regulatory concessions as listed in Section 18.165.080. “Lower income household” means households whose income does not exceed the low income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50079.5.
“Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
“Major transit stop” is as defined in Cal. Pub. Res. Code § 21155, and means an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes each with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than 25 percent of their area farther than one-half mile from the stop and if not more than 10 percent of the residential units or 100 units, whichever is less, in the housing development are farther than one-half mile from the stop.
“Market-rate units” means all units within a housing development except target units. “Maximum residential density” means the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the general plan on the date that the application for the housing development is deemed complete. If the

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maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the general plan, the greater density shall prevail. “Moderate income household” means households whose income does not exceed the moderate income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50079.5.
“Partnered housing agreement” means an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development. “Qualified resident” means senior citizens or other persons eligible to reside in a senior citizen housing development.
“Senior citizen housing development” means a senior citizen housing development with at least 35 dwelling units as defined in Cal. Civ. Code § 51.3 and § 51.12 or a mobile home park that limits residency based on age requirements for older persons pursuant to Cal. Civ. Code § 798.76 or 799.5. This definition includes a residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code as may be amended. “Special needs housing” means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Cal. Welf. & Inst. Code § 5890. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete. “Student housing development” means a development that contains bedrooms with two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.housing development that will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. “Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent, and is made available at an affordable rent or affordable ownership cost, to very low,

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lower, or moderate income households, or is a unit in a senior citizen housing development, or is intended to serve transitional foster youth, disabled veterans, or homeless persons, and which qualifies the housing development for a density bonus and incentives pursuant to Section 18.165.030 or qualifies a commercial development for a commercial development bonus pursuant to Section 18.165.045.
“Unobstructed access” to a location means that a resident is able to access the location without encountering natural or constructed impediments. “Natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. “Very low income household” means households whose income does not exceed the very low income limits applicable to Alameda County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50105.

SECTION 19. FMC §18.165.030, AMENDED
FMC §18.165.030 is amended as follows:
(a) Subject to the findings included in Section 18.165.090, the city shall grant a 20 percent density bonus to a developer of a housing development who seeks a density bonus and agrees to construct at least one of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units of the housing development as target units affordable to lower income households; or
(2) Five percent of the total units of the housing development as target units affordable to very low income households; or
(3) A senior citizen housing development. The density bonus for a senior citizen housing development is limited to 20 percent of the number of senior housing units. (b) Subject to the findings included in Section 18.165.090, the city shall grant a five percent density bonus to a developer of a housing development who seeks a density bonus and agrees to provide all of the following and any additional replacement housing units required by subsection (d) of this section:
(1) Ten percent of the total units in the housing development as target units for sale to moderate income households at an affordable sales price; and (2) All of the dwelling units in the housing development are offered to the public for sale.

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(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.

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.

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(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, 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.
(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.
(5) Five 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.

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(6) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions. (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
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
Very Low Income 5% 20% 15%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
10% 32.5%
11% 35%
12% 38.75%
13% 42.5%
14% 46.25%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
15+% 50%
Low Income 10% 20% 24%
11% 21.5%
12% 23%
13% 24.5%
14% 26%
15% 27.5%
16% 29%
17% 30.5%
18% 32%
19% 33.5%
20% 35%
21% 38.75%
22% 42.5%
23% 46.25%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
24+% 50%
Very Low or Low Income 100% 80% 80%1
Moderate Income (for-sale only) 10% 5% 44%
11% 6%
12% 7%
13% 8%
14% 9%
15% 10%
16% 11%
17% 12%
18% 13%
19% 14%
20% 15%
21% 16%
22% 17%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
23% 18%
24% 19%
25% 20%
26% 21%
27% 22%
28% 23%
29% 24%
30% 25%
31% 26%
32% 27%
33% 28%
34% 29%
35% 30%
36% 31%
37% 32%

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
38% 33%
39% 34%
40% 35%
41% 38.75%
42% 42.5%
43% 46.25%
44+% 50%
Student Housing Development 20% 35%
21% 38.75%
22% 42.5%
23% 46.25%
24% 50%
Senior Citizen Housing Development 100% 20% of senior
units only
–
Units Designated for Transitional
Foster Youth, Disabled Veterans,
or Homeless Persons
10% (Designated units must
also be affordable to very
low income households)
20% of
designated
units only
–

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Density Bonus Summary Table
Target Group Percentage Target Units Bonus
Granted
% Target
Units
Required
for
Maximum
50%
Bonus
Note: No density bonus may be granted unless replacement affordable units are provided as required in subsection (d) of this section.
1 No maximum density shall be required for a housing development project that meets 100 percent affordability requirements of Cal. Gov’t. Code § 65915(b)(1)(G) and that is built within one-half mile of a major transit stop as defined by Cal. Pub. Res. Code § 21155(b) or is located in a very low vehicle travel area as defined by Cal. Gov’t. Code § 65915(o). The applicant shall also receive a height increase of up to three additional stories, or 33 feet.

Incentives/Concessions Summary Table
Target Group Target Units
Very Low Income 5% 10% 15% 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% 23% -- -- --
Maximum Incentive(s)/Concession(s) 1 2 3 4 5
Notes:

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

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Incentives/Concessions Summary Table
Target Group Target Units

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 subsections (a) through (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) of this section and provides 24 percent of the total units to lower income households. (2) The housing development conforms to the requirements of subsection (a)(2) of this section 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) of this section 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) of this section shall be granted as follows:

Additional Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
Very Low Income 5 20
6 23.75

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Additional Density Bonus Summary Table
Target Group Percentage Target Units Bonus Granted
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) of this section shall be in addition to any increase in density granted by subsection (a) of this section.

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(o) The additional density bonus required under subsection (m) of this section shall be calculated using the number of units excluding any density bonus awarded by this section.

SECTION 20. FMC §18.165.065, REPEALED
FMC §18.165.065 is repealed in its entirety

SECTION 21. FMC §18.165.075, AMENDED
FMC §18.165.075 is amended as follows:
(a) If a housing development is eligible for a density bonus, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following ratios:
(1) Zero to one bedroom: one on-site parking space.
(2) Two to three bedrooms: one and one-half on-site parking spaces. (3) Four and more bedrooms: two and one-half parking spaces. (4) One bedspace in a student housing development: zero parking spaces. [All other text in §18.165.075 not listed remain unchanged]

SECTION 22. FMC §18.171.030, AMENDED
FMC §18.171.030 is amended as follows:
(a) Fences over seven feet in height, concrete and masonry walls over four feet in height and retaining walls of any height require a building permit. (b) Fences with Finished Appearances. A fence adjacent to a public right-of-way which is designed with a finished appearance on one side shall be oriented so that the finished side faces such right-of-way.
(c) Sound Walls. A sound wall facing a public right-of-way shall be treated with anti-graffiti paint. Alternatively a well-maintained landscape solution shall be provided. (d) Barbed Wire – Pointed and Electrically Charged Materials. No barbed wire, other sharp- pointed material, or electrically charged material shall be used in the construction of

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a fence unless said material is at least eight feet above the ground level, except where used to contain livestock. Barbed Wire and electrically charged fencing shall be prohibited in residentially zoned districts. Electrically charged fence materials shall be permitted less than eight feet above grade in Industrial zoning districts, provided they are located at least 3.5 feet behind a non-energized perimeter fence at least six feet tall separating the electrically charged fence from the lot lines.
(e) Substantially open fencing or planting may encroach into setbacks but may not exceed height limitations. For purposes of this section “substantially open fencing or planting” shall mean that for each square foot of vertical surface area more than 75 percent is open to the free passage of light and air.

SECTION 23. FMC §18.188.020, AMENDED
FMC §18.188.020 is amended as follows:
(f) “Urban core” or “property” means any real property located within the CC-TN, CC-UO, CC-UN, D, WSI-3, WSI-4A, WSI-5, AND WSI-8 and WSI zoning districts, including property intended for residential, commercial, business, public purposes and other uses. [All other text in §18.188.020 not listed remain unchanged]

SECTION 24. FMC §18.190.005, AMENDED
FMC §18.190.005 is amended as follows:
(a) Purpose. The purpose of this section is to implement Cal. Gov’t. Code §§ 66310 through 66342 by allowing the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) through ministerial review. (b) General Regulations.
(1) Density. An ADU and/or a JADU shall not count toward the allowed density for the lot upon which the ADU and/or the JADU is located. An ADU and/or a JADU approved in compliance with this section shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) Fees.
(A) The city may charge a fee covering the costs associated with the issuance of the design review permit, building permits, and related inspections to determine whether an ADU and/or a JADU complies with applicable building standards and the provisions of this section.

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(B) This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to services or utility connection fees that applies to a single-family or multifamily dwelling that contains an ADU and/or a JADU so long as that ordinance or regulation applies uniformly to all single-family or multifamily dwelling regardless of whether they include an ADU and/or a JADU. (3) Nonconforming Zoning Conditions. The correction of nonconforming zoning conditions, which do not present a threat to public health and safety and are not affected by the construction of an ADU and/or a JADU, shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU and/or a JADU. (4) Permitting Procedure. Any application for an ADU and/or a JADU that meets the applicable location and development standards contained in this section shall be subject to ministerial review and approval without discretionary review or public hearing. An application for an ADU and/or a JADU shall be determined to be complete or incomplete and written notice of this determination to the applicant shall be provided not later than 15 business days after the receipt of the application. If the application is determined to be incomplete, the written notice shall include a list of incomplete items and a description of how the application can be made complete. A permit shall be issued within 60 days of submission of a complete application for an ADU and/or a JADU conforming to the provisions of this section if there is an existing single-family or multifamily dwelling on the same lot. If the permit application to create an ADU and/or a JADU is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for that ADU and/or JADU until the city acts on the permit application to create or serve the new single-family or multifamily dwelling, but the application to create an ADU and/or a JADU shall be considered ministerially without discretionary review or a public hearing. If the applicant provides a written request for a delay, the 60-day time period shall be tolled for the period of the delay. If a permit application is determined to be incomplete or denied, the applicant shall be able to appeal the decision using the process specified in Chapter 18.300.
(5) Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, require a building permit. (6) Rental. An ADU and/or a JADU shall not be rented for a term of less than 30 days. (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 §§ 66314 through 66332, as may be amended, the provisions of the applicable Government Code shall prevail.

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(1) ADU Types. An ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
(2) Number of Units.
(A) ADUs on Single-Family Lots. Except as provided under subsection (e) of this section, no more than one ADU shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An ADU and JADU may be located in the same primary dwelling.
(B) ADUs on Multifamily Lots. See subsection (e) of this section. (3) Permitted Location. An ADU may be constructed on the same lot as an existing or proposed single-family or multifamily dwelling in residential or mixed-use zoning districts, as well as planned districts and planned unit developments that allow residential uses. (4) Size. The maximum allowable square footage for an ADU shall not exceed the area limitations specified below. For the purposes of this subsection, the calculation of square footage for an ADU shall not include garages, carports, covered porches/patios, breezeways, and/or other accessory structures.
(A) ADU Size – Existing Floor Area. An ADU converted from existing floor area shall not be subject to any size limitations.
(B) ADU Size – New Floor Area.
(i) Attached ADUs. The total floor area for an attached ADU (new addition) created from new floor area shall not exceed 1,000 square feet of interior livable space.
(ii) Detached ADUs. The total floor area for a detached ADU (new structure) created from new floor area shall not exceed 1,200 square feet of interior livable space.
(C) Rooftop decks – Rooftop decks on ADUs are prohibited. (5) Building Height.
(A) ADU Building Height – Existing Floor Area. An ADU converted from existing floor area shall not be subject to building height limitations.

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(B) ADU Building Height and roof pitch – New Floor Area. No minimum or maximum roof pitch is required for an ADU.
(i) Single Family – Attached. An ADU that is attached to a single-family primary dwelling shall be limited to a building height of 30 feet or the building height limitation of the underlying zoning district that applies to the single-family dwelling, whichever is lower. This clause shall not allow an ADU to exceed two stories.
(ii) Single Family – Detached. An ADU that is detached from a single-family dwelling shall be limited to a building height of 16 feet. If the lot on which the ADU will be created is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Cal.

Pub. Res. Code § 21155, the ADU shall be limited to a building height of 18 feet.

An additional building height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the single-family dwelling.
(iii) Multifamily. An ADU that is detached from a multifamily dwelling unit shall be limited to a building height of 16 feet, or a building height of 18 feet if either of the following conditions are met:
a. The lot on which the ADU will be created is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Cal. Pub. Res. Code § 21155. An additional building height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the single- family dwelling.
b. The lot on which the ADU will be created consists of an existing or proposed multifamily, multistory dwelling.
(6) Building Setbacks.
(A) ADU Setbacks – Existing Floor Area. No setback shall be required for an ADU located within the existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is in the same location and to the same dimensions as the structure being replaced. Except for an expansion of up to 150 square feet if necessary to provide ingress or egress for the ADU, further expansion beyond what was existing shall be subject to the height and setback restrictions applicable to a new detached ADU.
(B) ADU Setbacks – New Floor Area. A side and rear yard setback of four feet shall be required for attached and detached ADUs created from new floor area. ADUs shall be subject to the front yard setbacks applicable to the primary dwelling, unless such a

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requirement would preclude the construction of an ADU described in subsection (e) of this section.
(7) Fire Sprinklers. The installation of fire sprinklers shall not be required for an ADU or JADU if fire sprinklers are not required for the primary dwelling unit. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.
(8) Historic Property. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Department of the Interior’s Standards for the Treatment of Historic Properties and the Objective Design Standards for Eligible Potential Register Resources as applicable. (9) Owner Occupancy. Owner occupancy shall not be required for either the primary dwelling unit or the ADU.
(10) Passageway. No passageway shall be required in conjunction with the construction of an ADU. Per Cal. Gov’t. Code § 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 § 66341, 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 covered or uncovered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU.
(15) Utility Connection. Pursuant to Cal. Gov’t. Code § 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.

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(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 §§ 66333 through 66339, as may be amended, the provisions of the respective Government Code shall prevail. (1) Number of Units. Excluding an ADU, no more than one JADU shall be allowed. (2) Maximum Size. A JADU shall be limited to a maximum size of 500 square feet of interior livable space and contained entirely within a single-family residence, including an attached garage.
(3) Permitted Location. A JADU shall be allowed on a residential lot zoned for single- family residences within the walls of a single-family residence built, or proposed to be built, on the lot.
(4) Separate Entrance. A JADU shall provide at least one exterior entrance that is separate from the main entrance of the single-family residence. A JADU shall provide a separate address from the single-family residence.
(5) Owner Occupancy. Owner occupancy in the single-family residence in which the JADU will be permitted shall be required. The owner of the single-family residence may occupy either the remaining portion of the structure or the newly created JADU.

Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. If the JADU has shared sanitation facilities with the existing structure, owner-occupancy in the single family residence in which the JADU is located shall be required. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
(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 § 66333, as may be amended.
(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

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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 § 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 units, or any combination of the following units:
(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 § 66333 through 66339.
(2) Single Family – New Detached ADUs. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (e)(1) of this section. The ADU shall:
(A) Not exceed a total floor area of 800 square feet of livable space; and (B) Comply with the building height requirements specified in subsection (c)(5) of this section.
(3) Multifamily – Conversion ADUs. A minimum of one ADU and a maximum of 25 percent of the total number of existing multifamily dwelling units shall be permitted to be converted from existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the state building standards for dwellings. (4) Multifamily – Detached ADUs. No more than two eight detached ADUs shall be permitted on a lot that has an existing or proposed multifamily dwelling. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. No more than two detached ADUs shall be permitted on a lot that has a

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proposed multifamily dwelling. The ADU(s) shall be subject to a maximum rear and side yard setback of four feet and the building height limitations specified in subsection (c)(5) of this section.

SECTION 25. FMC §18.190.007, AMENDED
FMC §18.190.007 is amended as follows:
(a) Purpose. The purpose of this section is to:
(1) Provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones;
(2) Implement the provisions of state law as reflected in Cal. Gov’t. Code §§ 65852.21 et seq. and 66411.7 et seq., as may be amended; and
(3) Facilitate the development of new residential housing units consistent with the city’s general plan and ensure standards of public health and safety. (b) Definitions. Wherever the following terms are used in this section, they shall have the meaning established by this subsection:
(1) “Acting in concert with the owner,” as used in this section, shall mean a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. (2) “Adjacent parcel” shall mean any parcel of land that is:
(A) Touching the project parcel at any point;
(B) Separated from the project parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (C) Separated from the project parcel only by other real property which is in common ownership or control of the applicant.
(3) “Car share vehicle” shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
(4) “Common ownership or control” shall mean property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner,

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member, or family member of an investor of the entity owns 10 percent or more of the interest in the property.
(5) “Lower income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(6) “Moderate income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(7) “Specific, adverse impact” shall mean a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts. (8) “Sufficient for separate conveyance” shall mean that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Cal. Civ. Code § 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.
(9) “Two-unit development” shall mean a development that proposes no more than two new units or proposes to add one new unit to one existing unit. (10) “Urban lot split” shall mean a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this section. (11) “Very low income household” shall have the meaning set forth in Chapter 18.155, as may be amended.
(c) Findings for Denial. In addition to the requirements specified in this section, a proposed two-unit development and/or urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed two-unit development and/or urban lot split would have a specific, adverse impact upon public health and safety or the physical environment for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(d) General Regulations. The following regulations apply to both two-unit developments and urban lot splits:
(1) Affidavit – Prior Tenancies. If any existing housing is proposed to be altered or demolished, the property owner of the parcel where a two-unit development and/or an urban lot split is proposed shall sign an affidavit, in the form approved by the city, stating that none of the following exist:

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(A) Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(C) Housing that has been occupied by a tenant in the last three years; or (D) The parcel subject to the two-unit development and/or an urban lot split is not a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.
(2) Historic District and Properties. Two-unit developments and urban lot splits shall not be located within a historic district or property included on the state Historic Resources Inventory, as defined in Cal. Pub. Res. Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property or historic district pursuant to a city ordinance. (A) Two-unit developments shall not be located in either a contributing structure within a historic district or a parcel individually listed as a historical resource included on the state Historic Resources Inventory, as defined in Cal. Pub. Res. Code § 5020.1, or within a historic property or a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.
(B) Urban lot splits shall not be located within a historical landmark property included on the state Historic Resources Inventory, as defined in Cal. Pub. Res. Code § 5020.1, or within a site that is designated or listed as a city landmark pursuant to a city ordinance.
(C) Urban lot splits shall not require the demolition or alteration of the following:
(i) A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance; or (ii) An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance.
(3) Location Criteria. Two-unit developments and urban lot splits shall be located within a single-family residential zone or a planned district that allows single-family residential units.

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(4) Maximum Number of Units.
(A) No Urban Lot Split. For a parcel where an urban lot split is not proposed or approved, no more than a total of four units of any kind, including accessory dwelling units and junior accessory dwelling units, shall be constructed or maintained. (B) Urban Lot Split. For a parcel where an urban lot split is proposed or approved, no more than a total of two units of any kind, including accessory dwelling units and junior accessory dwelling units, shall be constructed or maintained on each parcel created by the urban lot split. If there are two existing units of any kind on a lot created by an urban lot split, no additional units of any kind shall be permitted on that lot.
(5) Objective Standards. The development proposed on a parcel for a two-unit development or urban lot split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
(A) The zoning administrator, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this section or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
(B) Notwithstanding subsection (d)(5)(A) of this section, the required rear and side yard setbacks shall be a maximum of four feet, except that no setback shall be required for an existing, legally created structure or a structure constructed in the same location and to the same dimensions as an existing, legally created structure. (6) Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the city shall not require any parking where:
(A) The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Cal. Pub. Res. Code § 21155(b), or a major transit stop, as defined in Cal. Pub. Res. Code § 21064.3; or (B) There is a designated parking area for one or more car-share vehicles within one block of the parcel.
(7) Replacement Housing. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Cal. Gov’t. Code § 66300(d).

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(8) Restricted Areas. Two-unit developments and urban lot splits shall not be located on a site that is specified in Cal. Gov’t. Code §§ 65913.4(a)(6)(B) through (K), inclusive, as may be amended.
(9) Separate Conveyance and Utilities. Proposed adjacent or connected dwelling units, resulting from a two-unit development and/or an urban lot split, shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility. (10) Use and Rental Limitations. Dwelling unit(s) created by a two-unit development or parcels created by an urban lot split shall be for residential use(s) only and shall not be used for rentals of less than 30 days.
(e) Two-Unit Developments. Two-unit developments shall be subject to the following:
(1) Affordable Housing. Two-unit developments that comprise a “residential project,” as defined in Chapter 18.155, shall be subject to the city’s affordable housing ordinance (Chapter 18.155), as may be amended.
(2) Demolition of Existing Unit(s). If the parcel on which the two-unit development is proposed has been occupied by a tenant in the last three years, the two-unit development shall not include the demolition of more than 25 percent of the existing exterior structural walls.
(32) Design Rules. Two-unit development shall be subject to the objective design rules provided in the citywide design guidelines, as may be amended. (43) Development Limitations. A two-unit development that exceeds the minimum size allowed under Cal. Gov’t. Code § 65852.21, as may be amended, shall be subject to the development standards, including but not limited to setbacks, height, size, and second-story square footage, applicable to the parcel as provided in the zoning district in which the parcel is located.
(4) Setback Standards. Notwithstanding subsection (d)(5)(A) of this section, the required rear and side yard setbacks for two-unit developments shall not be less than four feet. (5) Impact Fees. Two-unit developments are subject to the city’s impact fee ordinance, Chapter 18.290, as may be amended.
(6) Ministerial Review. An application for a two-unit development shall be reviewed ministerially, without a hearing, and shall be approved if all the criteria in Cal. Gov’t. Code § 65852.21, as may be amended, and this section are satisfied.

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(7) Recorded Covenant. Prior to the final building inspection, the applicant shall record a restrictive covenant and agreement in the form prescribed by the city, which shall run with the land and provide for the following:
(A) A limitation restricting the property to residential uses only; and (B) A requirement that any dwelling units on the property shall not be rented or leased for a period of less than 30 days.
[All other text in §18.190.007 not listed remain unchanged]

SECTION 26. FMC §18.190.220, AMENDED
FMC §18.190.220 is amended as follows:

Table Notes.
(1) Hazardous materials belonging to more than one group or hazardous classification are subject to the regulations of the more stringent group or category. Refer to subsection (c) of this section for description of hazardous materials classifications. (2) Aboveground storage tanks for the storage of hazardous materials used in the day-to-day operations of a permitted or conditional use shall be subject to administrative site development review approval. All aboveground storage tanks shall be screened and shall require compliance with all applicable Fremont Building and Fire Code regulations prior to the placement of such a tank on site.
(3) When a zoning administrator or conditional use permit is required, the zoning administrator or the planning commission shall specifically consider the recommendation of the fire department based on an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a safety data sheet (SDS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials. (4) Pesticides and fertilizers stored for agricultural uses are permitted upon the granting of a conditional use permit. This would override the “N = No, not permitted,” as listed in the table.
(5) The following exemptions from the requirements of this section shall apply to hazardous materials/chemicals in container sizes of five gallons or less stored or maintained for the purposes of retail and wholesale sales: (a) Group A, B, and C chemicals shall be permitted without a use permit if quantities are present in Ranges 1 and 2; (b) in the I-S (Service

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Industrial) district, if chemicals are present in quantity range 3, 4, 5 for Groups A and B, a use permit shall be required.
(6) Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission are exempt from this section. (7) Underground storage tanks containing petroleum fuels, oils or waste oils are permitted in the industrial zoning districts.
(8) Hydrogen fueling stations for passenger or commercial vehicles are exempt from the requirements of this section.
(89) Conditional use permits shall be applied for and issued pursuant to the process set forth in Chapter 18.230.
(910) Zoning administrator permits shall be applied for and issued pursuant to the process set forth in Chapter 18.275.
(1011) Storage, use or handling of the following gases in any quantities whether in a gaseous, liquefied or cryogenic physical state: air (nonenriched), argon, helium, krypton, neon, nitrogen, and xenon are exempt from this section. (1112) Nanoparticles and bio-fuel blends shall be classified as hazardous materials. Hazard class grouping and permissibility of these materials shall be determined by the zoning administrator, in consultation with the fire department and environmental programs division, based on available information.
(g) Table Qualifiers. In addition to the regulations set forth in this section, all storage and use of hazardous materials must be in conformance with the provisions of the federal, state, and local laws including storm water management requirements as adopted by the city council. [All other text in §18.190.220 not listed remain unchanged]

SECTION 27. FMC §18.190.350, AMENDED
FMC §18.190.350 is amended as follows:

Mobile homes, as defined by this title, shall only be allowed for human occupancy outside the limits of mobile home parks pursuant to the following specifications:
(a) Caretaker Mobile Homes. In order to provide continuous security for historical sites designated by the general plan, public and quasi-public uses, industrial uses, commercial stables, riding academies, quarries and uses allowed under the special use permit section of Chapter 18.23018.275, mobile homes occupied by caretakers or other security personnel may be

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allowed with such uses. No such mobile home shall be established and maintained until a permit has been granted by the zoning administrator, subject to the following general limitations:
[All other text in §18.190.350 not listed remain unchanged]

SECTION 28. FMC §18.218.040, AMENDED
FMC §18.218.040 is amended as follows:

These universal development standards for resource protection are applicable to all temporary project sites, new development project sites, and on sites being redeveloped where there may be a potential adverse impact to the physical environment, including but not limited to biological resources, including special-status species;, cultural, archeological and/or paleontological resources, possible burial sites associated with indigenous cultures;, and/or to air quality resulting from the elimination of trees, site grading, ground disturbing construction activities, and/or demolition of buildings. When applied as conditions of approval, such universal development standards will substantially mitigate environmental impacts associated with future development. The Planning Manager is authorized, consistent with this Section, to periodically revise, clarify, refine, add and amend these universal development standards for inclusion as conditions of approval for a development project, where such revisions, clarifications, refinements, and/or amendments are necessary or appropriate to further substantially mitigate environmental impacts.

SECTION 29. FMC §18.235.040, AMENDED
FMC §18.235.040 is amended as follows:
(a) Zoning Administrator. Notwithstanding any other provision of this chapter, the zoning administrator shall consider and act upon all applications for design review, except as specified in subsections (b) and (c) of this section.
(1) The zoning administrator may delegate approval authority for ministerial design review to a member of the community development staff.
(2) The zoning administrator may also refer an application for design review to the planning commission for decision if the zoning administrator determines that an application warrants consideration by the planning commission. (b) Planning Commission. Notwithstanding any other provision of this chapter, wWhere an application for design review is required in conjunction with another permit where the planning commission is the approval authority, the planning commission shall consider and act upon the application for design review after a public hearing.

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(c) Historic Architectural Review Board (HARB). Where a development project is located within a historical overlay district (HOD) and review is required in accordance with Chapter 18.135 or where a development project may affect a potential or designated register resource as defined in Chapter 18.175 (Historic Resources), the project shall be reviewed by HARB.

SECTION 30. FMC §18.260.080, AMENDED
FMC §18.265.080 is amended as follows:

Amendments to approved planned unit developments shall be subject to the same application and review requirements as a new planned unit development application. Minor amendments that are in keeping with the intent of the original Planned Unit Development approval are subject to review and approval of the planning manager. The planning manager is vested with the authority to determine if a proposed amendment is a substantive change that requires a new Planned Unit Development application.

SECTION 31. FMC §18.290.070, AMENDED
FMC §18.290.070 is amended as follows:
(a) At Permit Issuance.
(1) “Designated residential development project”: Payment of fees for any unit within a “designated residential development project” as defined by Gov’t Code § 66007(c)(4) may be made prior to issuance of building permit but must be paid in full per subsection b(1). (2) All other development projects: Except as otherwise provided by this section, the fees for each unit of development within a development project shall be paid in full prior to the issuance of the building permit required for that unit of development. (b) After Permit Issuance.
(1) “Designated residential development project”: The fees for each unit within a “designated residential development project” as defined in Gov’t Code § 66007(c)(4) shall be paid in full prior to the final inspection or issuance of the certificate of occupancy, whichever comes first, required for that unit of development.
(2) All other development projects: Upon application by an applicant, and approval by the director or director’s designee, the fees for a development project may be paid as follows:
(A) For a development project consisting of only one unit, fees must be paid prior to whichever of the following comes first:

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(i) Final inspection; or
(ii) Issuance of a certificate of occupancy; or
(iii)The expiration of 18 months from the date of permit issuance per the requirements of the written agreement executed in conformance with subsection (c). (B) For a development project consisting of more than one unit, at the discretion of the director or director’s designee:
(i) On a pro rata basis for each unit within the development, fees must be paid prior to whichever comes first of the following:
(a) The particular unit receives its final inspection; or (b) The particular unit is issued a certificate of occupancy; or (c) The expiration of 18 months from the date of permit issuance for the particular unit per the requirements of the written agreement executed in conformance with subsection (c); or
(ii) On a pro rata basis before each specified percentage of the units within the development receive, fees must be paid prior to whichever comes first of the following:
(a) The final inspections; or
(b) The certificates of occupancy; or
(c) The expiration of 18 months from the date of permit issuance for the particular unit per the requirements of the written agreement executed in conformance with subsection (c); or
(iii)In its entirety on a date before the first unit within the development receives, fees must be paid prior to whichever comes first of the following:
(a) The final inspection, or
(b) The issuance of the certificate of occupancy; or
(c) The expiration of 18 months from the date of permit issuance for the first unit within the development per the requirements of the written agreement executed in conformance with subsection (c); or

(c) Written Agreement. The applicant requesting to pay fees after permit issuance as allowed by subsection b(2) shall enter into a written agreement with the city conforming to the requirements of this section. The written agreement must be recorded in the of fice of the Alameda County recorder prior to permit issuance.

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(1) Contents of Agreement. The agreement shall be signed by the property owner, be in a form approved by the city attorney, and contain all of the following:
(A) A legal description of the property;
(B) A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation, and is enforceable against successors in interest;
(C) A provision that the fees must be paid prior to final inspection, issuance of a certificate of occupancy, or within 18 months from permit issuance, whichever occurs first. Neither approval of a final building inspection nor a certificate of occupancy shall be granted, and no occupancy shall be permitted, until the fees are paid. The agreement shall include additional details regarding payment pursuant to subsection (b)(2) of this section; (D) A statement of the amount of the fee due as calculated pursuant to Section 18.290.080(a);
(E) A provision that, in any action to collect the fee or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorneys’ fees; and
(F) A requirement that the property owner notify the city of the opening of any escrow for the sale of the property and that the property owner provide escrow instructions that the fees be paid to the city from the sale proceeds in escrow before disbursing proceeds to the seller.
(2) Release of Obligation. When the obligation is paid in full, the city shall record a release of the obligation.
(3) Implementation. The director or designee shall develop an application form for applicants to request payment of fees after permit issuance pursuant to subsection (b)(2) and shall establish guidelines for director or designee’s approval or denial of such applications.

The director or designee is authorized to execute the agreement and the release of obligation under this subsection (c).
(4) Compliance. No city official or agency may issue a permit with respect to a development project unless either the fees required by this chapter have been paid as required by this section or an agreement meeting the criteria set forth in this subsection (c) has been executed and recorded for the development project. No city official or agency may certify final inspection or issue a certificate of occupancy for a unit of development, or otherwise allow occupancy of a unit of development, until the fees required by this chapter with respect to such unit are paid in accordance with this section.
(a) At Permit Issuance. Except as otherwise provided in this section, the fees for each unit of development within a development project shall be paid in full prior to the issuance of the building permit required for that unit of development.

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(b) After Permit Issuance. Upon application by an applicant, and approval by the director or director’s designee, the fees for a development project may be paid as follows:
(1) For a development project consisting of only one unit, before:
(A) Final inspection; or
(B) Issuance of a certificate of occupancy; or
(C) The expiration of 18 months from the date of permit issuance, whichever occurs first.
(2) For a development project consisting of more than one unit, at the discretion of the director or director’s designee:
(A) On a pro rata basis for each affordable housing unit within the development before:
(a) (i) The particular unit receives its final inspection; or (b) (ii) The particular unit is issued a certificate of occupancy; or (c) (iii) The expiration of 18 months from the date of permit issuance for the particular unit, whichever occurs first; or
(B) On a pro rata basis before each specified percentage of the units within the development receive:
(d) (i) Their final inspections; or
(e) (ii) Their certificates of occupancy; or
(f) (iii) The expiration of 18 months from the date of permit issuance for the particular unit, whichever occurs first; or
(C) In its entirety on a date before the first unit within the development receives:
(g) (i) Its final inspection, or
(h) (ii) Its certificate of occupancy; or
(i) (iii) The expiration of 18 months from the date of permit issuance for the first unit within the development, whichever occurs first; or

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(D) If the fee is to be paid after permit issuance pursuant to this subsection, the applicant shall, as a condition of permit issuance, enter into a written agreement with the city as provided in subsection (c) of this section. (E) For development projects that include affordable housing units meeting the criteria set forth in Cal. Gov’t Code § 66007(b)(2)(A), if application of this subsection (b)(2)(E) is specifically requested by the applicant, before:
(j) (i) Final inspection; or
(k) (ii) Issuance of the certificate of occupancy, whichever comes first. (c) Written Agreement. Any applicant, other than an applicant who pays the fees in whole pursuant to subsection (a) of this section, shall, prior to permit issuance, enter into a written agreement with the city to be recorded in the office of the Alameda County recorder. (1) Contents of Agreement. The agreement shall be signed by the property owner, be in a form approved by the city attorney, and contain all of the following:
(A) A legal description of the property;
(B) A provision that the agreement runs with the land, constitutes a lien on the property for the payment of the fees from the date of recordation and is enforceable against successors in interest;
(C) A provision that the fees must be paid prior to final inspection, issuance of a certificate of occupancy, or within 18 months from permit issuance, whichever is first. Developments paying fees pursuant to subsection (b)(2)(D) of this section shall contain a provision that the fees must be paid prior to final inspection or issuance of certificate of occupancy, whichever occurs first. Neither approval of a final building inspection nor a certificate of occupancy shall be granted, and no occupancy shall be permitted, until the fees are paid. For developments consisting of more than one affordable housing unit or nonresidential building, the agreement shall include additional details regarding payment pursuant to subsection (b) of this section; (D) A statement of the amount of the fee due as calculated pursuant to Section 18.290.080(a);
(E) A provision that, in any action to collect the fee or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorneys’ fees; and
(F) A requirement that the property owner notify the city of the opening of any escrow for the sale of the property and that the property owner provide escrow instructions that the fees be paid to the city from the sale proceeds in escrow before disbursing proceeds to the seller.

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(2) Release of Obligation. When the obligation is paid in full, the city shall record a release of the obligation.
(3) Implementation. The director or designee shall develop an application form for applicants to request payment of fees after permit issuance pursuant to subsection (b) of this section and shall establish departmental guidelines for approval or denial of such applications. The director or designee is authorized to execute the agreement and the release of obligation under this subsection (c).
(4) Compliance. No city official or agency may issue a permit with respect to a development project unless either the fees required by this chapter have been paid as required by subsection (a) of this section or an agreement meeting the criteria set forth in this subsection (c) has been entered into and recorded in connection with the development project. No city official or agency may certify final inspection or issue a certificate of occupancy for a unit of development, or otherwise allow occupancy of a unit of development, until the fees required by this chapter with respect to such unit are paid in accordance with this section.

SECTION 32. FMC §18.300.020, AMENDED
FMC §18.300.020 is amended as follows:
(a) Decisions of Within ten (10) calendar days after the date of any final written administrative determination or interpretation made by the zoning administrator, planning manager, and or community development director or any other official may be appealed to the planning commission by any interested party, unless specified elsewhere in this Chapter. A determination of “no action” of the zoning administrator, planning manager, or community development director or any other official at a duly noticed public meeting, including a failure of the approval authority to take action or to approve a motion either for or against the item, shall be considered a denial and would be eligible for the same appeal process as a denial. (b) Decisions of the planning commission and art review board may be appealed to the city council.
(c) Decisions of the historical architectural review board may be appealed to the city council except as otherwise provided in Section 18.175.180.

SECTION 33. FMC §18.320.020, AMENDED
FMC §18.320.020 is amended as follows:
(a) When a provision of this title requires notice of a public hearing to be given pursuant to this chapter, notice shall be given in all of the following ways:

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(1) Mailing. Notice of the hearing shall be mailed or delivered at least 10 days, or at least 20 days if a proposed zoning ordinance or amendment affects the permitted uses of real property, prior to the hearing to all of the following:
(A) Owner and Applicant. The owner of any real property that is the subject of the application, the owner’s duly authorized agent, if any, and the project applicant. (B) Local Agencies. Each local agency expected to provide water, sewage, highways, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (C) Nearby Property Owners. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor that contain more recent information than the assessment roll may be utilized. (D) Persons Requesting Notice. Any person who has filed a written request for notice with the secretary or clerk of the hearing body or officer. The city may charge a fee that is reasonably related to the costs of providing this service and the city may require each request to be annually renewed.
(2) Publication. Notice of a hearing on proposed general or specific plan amendments, zoning amendments, and adoption of development agreements shall be published once in at least one newspaper of general circulation within the territory of the city at least 10 days, or at least 20 days if a proposed zoning ordinance or amendment affects the permitted uses of real property, prior to the hearing.
(3) Publication or Posting. Notice of a hearing on all other matters shall either be:
(A) Published once in at least one newspaper of general circulation within the territory of the city, at least 10 days, or at least 20 days if a proposed zoning ordinance or amendment affects the permitted uses of real property, prior to the hearing; or (B) Posted at least 10 days, or at least 20 days if a proposed zoning ordinance or amendment affects the permitted uses of real property, prior to the hearing in at least three public places within the territory of the city, including one public place in the area directly affected by the proceeding.
[All other text in §18.320.020 not listed remain unchanged]

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SECTION 34. 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 appli ed on a citywide basis. Many of the amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

SECTION 35. 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 36. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 37. 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 before 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

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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:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

Fremont City CouncilApril 7, 2026

Fremont City Council
April 7, 2026