Planning Commission
February 26, 2026
Proposal: Winter 2025-2026 Code Update - Citywide - PLN2026-00005 - To consider text amendments to Fremont Municipal Code Title 17 (Subdivisons) 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 to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Recommendation: Recommend approval to City Council.
Location: Citywide
People: City of Fremont, Applicant
James Willis, Senior Planner (510) 494-4449, [email protected]
EXECUTIVE SUMMARY
Staff is proposing amendments to Title 17 (Subdivisions) and Title 18, (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to use of property within the City and address recently passed State laws.
BACKGROUND AND PREVIOUS ACTIONS
City staff periodically prepares updates to the Zoning Ordinance and other sections of the Fremont Municipal Code to correct errors, inconsistencies and outdated sections; revise provisions to be consistent with State law; ensure consistency with the General Plan and other policy documents; and to create, enhance and clarify definitions, procedures, and standards. The last package of code amendments (Ordinance No. 01 -2025) was adopted by the City Council on January 7, 2025.
PROCEDURE FOR TONIGHT’S HEARING
The Planning Commission is charged with the following tasks:
1. Consider a finding that the proposed amendments to FMC Title 17 (Subdivisions), and Title 18 (Planning and Zoning) are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 2
basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
2. Pursuant to the requirements of FMC Chapter 18.225 (Amendments to General, Community and Specific Plans, Design Guidelines, Zoning Maps and Text, and Prezoning), consider recommending to the City Council the proposed amendments to Title 17 (Subdivisions), and Title 18 (Planning and Zoning).
PROJECT DESCRIPTION
Purpose
Amendments to the FMC are proposed for the following reasons:
• State Laws – Updates for consistency with state laws related to housing and land use passed since the last code update. Revise the section related to payment of fees to reflect recently passed state law.
• Clarifications – Correct or update the FMC to clarify definitions and inconsistencies.
Clarify the process for appeals and update noticing timing.
• Project Streamlining – Update certain actions to be ministerial to streamline project approvals. Give staff the ability to revise standard development requirements and standard development requirements for resource protection periodically when necessary or appropriate to substantially mitigate environmental impacts.
• Housing Development – Update certain sections of the code to better support housing production in Fremont. Updates to sections related to affordable housing and ADUs to achieve this goal. Streamline development standards for housing projects.
Draft
Ordinance
Section(s)
FMC Section(s) Description
Subdivisions
1, 2
FMC 17.20.320
FMC 17.20.320
Streamline industrial tentative parcel maps to
require ministerial approval in line with the
City’s longstanding ministerial development
policies for industrial development.
Definitions
3, 4, 5, 6
FMC 18.25.740
FMC 18.25.745
FMC 18.25.945
FMC 18.25.1900
Create new definitions for residential decks and
a primary dwelling to clarify development
standards found elsewhere in Title 18.
Update the definition of mobile homes to reflect
current state law.
Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 3
Draft
Ordinance
Section(s)
FMC Section(s) Description
Hydrogen Fueling
7, 8, 9, 10, 11,
12, 26
FMC 18.43.120
FMC 18.45.060
FMC 18.47.050
FMC 18.49.040
FMC 18.50.090
FMC 18.190.220
Add hydrogen fueling stations to the use table
for various zoning districts in response to
recently passed State laws.
Update high intensity hazardous materials
ordinance to exempt hydrogen fueling stations
as required by State law.
Commercial and
Industrial
development and
uses
7, 8, 10, 22
FMC 18.43.120
FMC 18.45.060
FMC 18.50.090
FMC 18.171.030
Revise City Center zoning use tables for
commercial recreation uses to match revisions
made to the Commercial zoning districts in the
last update for consistency.
Update use tables to address changes in state
law related to housing in non-residential zoning
districts, remove duplicate uses relating to
nursing facilities and dry cleaning and add a use
category for coffee and tea manufacturing when
near residential to address odors.
Revise regulations on barbed wire and electrical
security fencing.
Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 4
Draft
Ordinance
Section(s)
FMC Section(s) Description
Housing
8, 11, 13, 14,
15, 25, 30
FMC 18.45.060
FMC 18.49.090
FMC 18.90.040
FMC 18.90.080
FMC 18.153.050
FMC 18.190.007
FMC 18.265.080
Increasing the number of districts where mixed
use is permitted by right in response to State
law.
Update the mixed use development standards in
the WSI district to reference objective standards
as required by State law.
Revise residential development standards
related to roof pitch to increase the architectural
variety and ease development of single family
homes.
Clarify how second story area is calculated by
moving existing rule from design guidelines to
the ordinance.
Align permits required for residential care
facilities and skilled nursing facilities with State
law.
Provide setback standards for rooftop decks to
provide privacy for neighbors.
Update the Urban Lot Split and Two Unit
Development chapter (SB9) to reflect changes
in state law related to historic districts,
demolition when a unit has been occupied by a
tenant, and to clarify setback standards for two
unit developments.
Allow minor amendments to Planned Unit
Developments that are keeping with the intent
of the original approval to be reviewed and
approved by the Planning Manager.
Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 5
Draft
Ordinance
Section(s)
FMC Section(s) Description
Affordable
Housing
16, 18, 19, 20,
21, 25
FMC 18.155.070
FMC 18.165.020
FMC 18.165.030
FMC 18.165.065
FMC 18.165.075
FMC 18.190.007
Update affordable housing related sections to
address recently adopted State housing laws.
Add language specifying affordable housing
agreements for rental units have a term of 55
years minimum per new State laws.
Add references to “lower income student” and
update definition of “student housing
development” to align with new State laws.
Update incentives and density bonus tables to
correspond to new State laws.
Repeal obsolete section related to student
housing density bonus due to changes in State
law.
Update parking standards for student housing
developments to conform to recent State laws.
Update the two unit developments and urban lot
splits (SB9) to conform to changes in State law.
Compatibility
between uses
23 FMC 18.188.020 Clarify the urban core definition applies to the entire WSI district as the State now requires
residential uses to be allowed throughout the
WSI district.
ADUs
24 FMC 18.190.005 Update ADU ordinance to reflect changes to State law in the past year.
Prohibit rooftop decks on top of ADUs for
neighbor privacy.
Include reference to the Objective Design
Standards for Eligible Potential Register
Resources which were adopted last year.
Environment
28 FMC 18.218.040 Revise the Standard Development Requirements for Resource Protection chapter to give staff the
ability to revise the standards periodically when
necessary or appropriate to substantially
mitigate environmental impacts.
Processes
31, 32, 33
FMC 18.290.070
FMC 18.320.020
FMC 18.320.020
Update the timing of fee payments, including
development impact fees, to comply with
recently passed State laws.
Clarify the process for appeals.
Update the noticing timeframes for amendments
which affect permitted uses to conform to
recently passed State laws.
Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 6
Draft
Ordinance
Section(s)
FMC Section(s) Description
Minor corrections
and edits
11, 13, 17, 23,
27, 29
FMC 18.49.090
FMC 18.90.040
FMC 18.155.070
FMC 18.188.020
FMC 18.190.350
FMC 18.235.040
Minor typographical and editorial corrections.
Updating references to other modified code
sections.
PROJECT ANALYSIS
General Plan Conformance
The proposed amendments would be consistent with the General Plan and the following goals and implementation measures contained in the Land Use Element, Housing Element, and Economic Development Element:
• Land Use Element Implementation 2-2.5.A: Zoning Update. Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form -based approach to regulating development in City Center and the Town Centers. The update should reflect best practices in zoning, including the use of form -based codes, and should explore innovative and creative ways to achieve a more pedestrian -friendly and sustainable land use pattern. At the same time, the update should also address zoning “fundamentals” such as definitions, allowable densities and floor area ratios, height and bulk controls, and the use of overlays to achieve place specific objectives.
Analysis: The proposed amendments would update the City’s land use regulations to achieve consistency with the General Plan and State law, and to support quality development, compatible land uses, and the reduction of nuisances. The proposed amendments reflect recognized best practices in zoning and planning.
• Housing Element Goal 6: Maintain a compliant housing element and zoning ordinance. - Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.
Analysis: The proposed amendments would align with changes to State law related to housing development and density bonus. The proposed amendments would also increase flexibility of development of housing including ADUs and urban lot split and two-unit developments commonly known as SB 9.
• Economic Development Element Implementation 6 -1.3.C: Update Commercial/Industrial Zoning. Perform a comprehensive update of Fremont's commercial and industrial zoning to include references to the North American Industry Classification System (NAICS) to update business classifications. Regularly update the zoning to consider the needs of emerging industries.
Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 7
Analysis: The proposed amendments would update the City’s commercial and industrial zoning districts to be consistent with the General Plan and comply with recently adopted State laws requiring mixed use development in certain zoning districts and hydrogen fueling stations for passenger and commercial vehicles. The amendments would also broaden the allowance for security fencing for industrial uses.
FINDINGS FOR APPROVAL
In accordance with FMC Chapter 18.225, amendments to the General Plan, Zoning Ordinance and Zoning Map must be heard by both the Planning Commission and City Council. To recommend approval, the Planning Commission must make the following findings listed in FMC Section 18.225.050:
1. The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.
Analysis: The proposed amendments are consistent with the General Plan Land Use Element, Housing Element, and Economic Development Element as enumerated in the General Plan Conformance section of the staff report.
2. The proposed amendment furthers the public interest, convenience, and general welfare of the city.
Analysis: The proposed amendments will further the public interest, convenience and general welfare of the City by ensuring consistency of the FMC, and state law, and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per, each as a separate and independent basis, (1) CEQA Guidelines Section 15061 in that the amendments do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities in the general plan and existing zoning and which does not involve any p eculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan and/or zoning with which the project is consistent. In addition, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis. Many of the amendments proposed are necessary to conform the FMC to State law, or are regulations intended to protect the environment. Any conceivable impact of the proposed amendments Planning Commission Report (ID # 5635) Meeting of February 26, 2026 Winter 2025-2026 Code Update PLN2026-00005 Page 8
would be too speculative for reasoned analysis in the absence of specific development proposals.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A public hearing notice was published by the Tri City Voice on February 3, 2025.
RECOMMENDATION
1. Hold public hearing.
Recommend that the City Council:
2. Find that the proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), each as a separate and independent basis per Section 15061 of the CEQA Guidelines in that it is not a project which has the potential to cause a significant effect on the environment and CEQA Guidelines Section 15183 as a project consistent with the general plan and zoning and otherwise meeting the requirements of that exemption.
3. Find that the proposed amendments are consistent with the General Plan, including the Land Use Element implementation measure, Housing Element goal, and Economic Development implementation measures discussed in the staff report.
4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by ensuring consistency of the FMC, and state law, and provide for zoning district uses and development standards that are relevant to current development trends, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.
5. Introduce an ordinance approving amendments to FMC Title 17 (Subdivisions), and Title 18 (Planning and Zoning), as shown on Exhibit “A,” and for conformance with the General Plan.
6. Direct staff to document the above written findings and recommendation of the Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.
ENCLOSURES
• Exhibit A - Draft Ordinance