Agenda packet, first session — Fremont City Council, May 5, 2026 (part 1 of 2)

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Yajing Zhang, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Kathy Kimberlin, District 3
Yang Shao, District 4
Raymond Liu, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Alberto Quintanilla, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Floyd Mitchell, Chief of Police
Fremont City Council Agenda and
Report
May 05, 2026

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may then speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered
to be routine by the City Council and will be
enacted by one motion and one vote. There
will be no separate discussion of these items
unless a Councilmember or citizen so requests,
in which case the item will be removed from
the Consent Calendar and considered
separately. Additionally, other items without a
“Request to Speak – Speaker Card” card in
opposition may be added to the consent
calendar. The City Attorney will read the title
of ordinances to be adopted.

Spoken Public Communications
and/or Public Comment is limited

May 5, 2026 Fremont City Council Page 2
to speakers attending the meeting in-
person in City Council Chambers.

Agenda and Report - Fremont City Council Meeting - May 05, 2026 May 5, 2026 Fremont City Council Page 3
Important Notice Regarding the City Council Meeting.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, on Comcast Channel 27. Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks. Attending May 5, 2026, City Council meeting online via Zoom: https://us06web.zoom.us/j/87500949030 Webinar ID: 875 0094 9030 Addressing the Council:

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications by email prior to the meeting:

Send an email to [email protected] before 1:00 p.m. the day of the meeting. Please identify the agenda item number/letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit/photo, include it as a PDF file in your email before the noted deadline. Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk.

When the Mayor calls for the item on which you wish to speak, step to the lectern to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications.

Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online:
https://www.fremont.gov/government/agenda-center
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

May 5, 2026 Fremont City Council Page 4
Agenda
Fremont City Council Regular Meeting
May 05, 2026
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes

1. Approval of Minutes - for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session of April 14, 2026, Regular Meeting of April 14, 2026, and Regular Meeting of April 21, 2026
Contact Persons:

Name: Alberto Quintanilla
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4009
E-Mail: [email protected]

Recommendation: Approve the minutes.

C. Second Reading and Adoption of an Ordinance of the City of Fremont - Amending 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 May 5, 2026 Fremont City Council Page 5
(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: Adopt 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.

D. Military Equipment Annual Report - Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2025 to March 2026; Approve
Additional purchase of a Long Range Acoustic Device and Combined Tactical Systems Baffled Gas Canisters.

Contact Persons:

Name: Veronica Rodrigues Bryan Hollifield
Title: Police Lieutenant Police Lieutenant
Dept: Police Department Police Department
Phone: (510) 790-6779 (510) 790-6934
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution approving the Military Equipment Use Policy, the Department’s April 2025 to March 2026 Annual Military Equipment Use Report, and the purchase of an LRAD and thirty CTS Baffled Gas Canisters.

E. Participation in Alameda County Home Program - Request for Continued Participation in the Alameda County HOME
Investment Partnership Act (HOME) Program Consortium
Contact Persons:

Name: Robert Lopez Arquimides Caldera
Title: CDBG Administrator Human Services Director
Dept: Human Services
Department
Human Services Department
Phone: 510-574-2043 510-574-2056
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a Resolution:

1. Approving the City’s continued participation in the Alameda County HOME Program Consortium for the next three Federal Fiscal Years (2027/28, 2028/29 and 2029/20) for the
purpose of securing Federal HOME funds; and

2. Delegating authority to the City Manager, or designee, to execute a Cooperative Agreement with Alameda County, as well as any other documents required for the City’s continued participation in the Alameda County HOME Consortium, and to take all actions necessary to maintain the City’s eligibility for the May 5, 2026 Fremont City Council Page 6
Consortium and HOME funding in accordance with the National Affordable Housing Act of 1990.

F. Mental Health Services Agreements - Authorize City Manager, or Designee, to Execute Amendment to Services Agreement with Alameda County Behavioral Health and to Execute a
Services Agreement with La Familia
Contact Persons:

Name: Annie Bailey Arquimides Caldera
Title: Youth and Family
Services Administrator
Human Services Director
Dept: Human Services
Department
Human Services Department
Phone: 510-574-2111 510-574-2056
E-Mail: [email protected] [email protected]

Recommendations: Approve the following related to the delivery of mental health services:

1. Authorize the City Manager, or designee, to execute an amendment to the current Services Agreement with Alameda County Behavioral Health (ACBH) for the City to provide Mental Health services for FY 2026/27, in an amount
not-to-exceed $1,536,869.

2. Authorize the City Manager, or designee, to execute a Services Agreement with La Familia for the FRC Division to provide mental health counseling services for FY 2026/27, as part of the Working Wellness Program, in an amount not-to-exceed $267,888.

G. Forster Consulting Services Agreement Amendment -
Authorize the City Manager, or designee, to execute an
amendment to the Master Services Agreement with Forster Consulting Services to increase the not-to-exceed
compensation an additional $50,000 to a new not-to-exceed compensation amount of $650,000.

Contact Persons:

Name: Jennifer Craven Joel Pullen
Title: Business Manager Community Development
Director
Dept: Community
Development
Community Development
Phone: 510-494-4554 510-494-4436
E-Mail: [email protected] [email protected]

Recommendation: Authorize the City Manager, or designee, to execute an amendment to increase the maximum compensation in the Forster Consulting Services, LLC, Master Services Agreement to $650,000.

May 5, 2026 Fremont City Council Page 7
H. FY 2026/27 SB1 Project List - Adopt a Resolution Approving a List of Projects for Funding by Revenues Authorized by the Road Repair and Accountability Act of 2017 (SB1) to Align with State Guidelines for Use of Funds; Make Findings of CEQA Exemption
Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

Recommendation: Approval of the following actions related to the FY 2026/27 SB1 Project List:

1. Adopt a Resolution Approving a List of Projects Funded by SB1, the Road Repair and Accountability Act for FY 2026/27.

2. Find that the action is exempt from environmental review, CEQA Guidelines Section 15378(b) (administrative activity).

3. Ceremonial Items
A. Proclamation: Bike Month (May 2026)

4. Public Communications
A. Oral and Written Communications
Industrial Development Authority - None.

Public Financing Authority - None.

Consideration of Items Removed From Consent Calendar

5. Scheduled Items
A. Bond Issuance for Resources for Community Development - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Thornton Affordable Housing, LP.
(Thornton and Post Apartments) and Making Findings of CEQA Exemption
Contact Persons:

Name: Lucia Hughes David Persselin
Title: Housing Manager Finance Director
Dept: Housing Finance Department
Phone: 510-494-4506 510-494-4631
E-Mail: [email protected] [email protected]

May 5, 2026 Fremont City Council Page 8
Recommendation:

1. Hold a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,

2. Adopt a Resolution approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by Thornton Affordable Housing, L.P. and making findings of CEQA exemption

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. Councilmember Campbell Referral - Immigration Enforcement Activities Restriction Zones
Contact Persons:

Name: Desrie Campbell
Title: Councilmember
Dept: City Council
Phone: 510-284-4008
E-Mail: [email protected]

Recommendation: Direct staff within 30 days to develop a draft ordinance and implementation plan which would prohibit the use of city-owned, city-leased, city-controlled and city-operated properties for federal civil immigration enforcement activity including but not limited to as a staging area, processing location, detention location, or operations base.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
May 5, 2026 Fremont City Council Page 9

ACRONYMS

ABAG Association of Bay Area Governments HARB Historical Architectural Review Board ACE Altamont Commuter Express HBA Home Builders Association ACFCD Alameda County Flood Control District HCD Housing and Community ACTC Alameda County Transportation
Commission

HRC
Development (State)
Human Relations Commission
HCD Housing and Community
ACWD Alameda County Water District ICMA

JPA
International City/County Management
Association
Joint Powers Authority
ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
LLMD Lighting and Landscaping Maintenance
District
LOCC League of California Cities
BCDC Bay Conservation & Development
Commission
LOS
MET
Level of Service
Mobile Evaluation Team
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
CALPERS California Public Employees’ Retirement
System
MTC Metropolitan Transportation
Commission
CBC California Building Code NRSRO Nationally Recognized Statistical Rating Organization
CDD Community Development Department NEPA National Environmental Policy Act CC & R’s Covenants, Conditions & Restrictions NLC National League of Cities CDBG
CEQA
Community Development Block Grant
California Environmental Quality Act
NPDES National Pollutant Discharge Elimination
System
CERT Community Emergency Response Team NPO Neighborhood Preservation Ordinance CIP Capital Improvement Program PC Planning Commission
CNG Compressed Natural Gas PD Planned District
COF City of Fremont PDA Priority Development Area
COPPS Community Oriented Policing and Public
Safety
PUC
PVAW
Public Utilities Commission
Private Vehicle Accessway
CSAC California State Association of Counties PWC Public Works Contract CTC California Transportation Commission RFP Request for Proposals dB Decibel RFQ Request for Qualifications
DEIR Draft Environmental Impact Report RHNA Regional Housing Needs Allocation DU/AC Dwelling Units per Acre ROP Regional Occupational Program EBCE East Bay Community Energy RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET Southern Alameda County Narcotics Enforcement Task Force
EDAC Economic Development Advisory
Commission (City)
STIP State Transportation Improvement
Program
EIR Environmental Impact Report (CEQA) TCRDF Tri-Cities Recycling and Disposal Facility EIS Environmental Impact Statement TOD Transit Oriented Development

EVAW
(NEPA)
Emergency Vehicle Accessway
TS/MRF Transfer Station/Materials Recovery
Facility
FAR Floor Area Ratio UBC See CBC
FEMA Federal Emergency Management Agency VMT Vehicle Miles Travelled FFD Fremont Fire Department VTA Santa Clara Valley Transportation FMC Fremont Municipal Code Authority
FPD Fremont Police Department WMA Waste Management Authority FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment GIS Geographic Information System
GPA General Plan Amendment

May 5, 2026 Fremont City Council Page 10

Upcoming Meeting and Channel 27
Broadcast Schedule
Date Time Meeting Type Location
Cable
Channel
27 May 4, 2026 5:00
p.m. Joint CC/FUSD Meeting District
Hosts Live
May 5, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
May 12, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
May 19, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
May 26, 2026 No meetings
June 2, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
June 9, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
June 16, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
June 23, 2026 No meetings
June 30, 2026 No meetings
July 7, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
July 14, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
July 21, 2026 7:00
p.m. City Council Meeting
Council
Chamber
s
Live
July 21, 2026 No meetings
August Recess – No City Council Meetings

Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5721) DOC ID: 5721
Updated: 4/28/2026 10:15 AM by Alberto Quintanilla Page 1 Approval of Minutes - for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session of April 14, 2026, Regular Meeting of April 14, 2026, and Regular Meeting of April 21, 2026
Contact Persons:

Name: Alberto Quintanilla
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4009
E-Mail: [email protected]

Approval of Minutes - for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session of April 14, 2026, Regular Meeting of April 14, 2026, and Regular Meeting of April 21, 2026.

ATTACHMENTS:
• Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026, Regular Meeting of April 14, 2026, and Regular Meeting of April 21, 2

Recommendation: Approve the minutes.

2.B.1
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Minutes
Fremont City Council Special Meeting
April 7, 2026
Fremont City Hall and
Virtual Meeting via Zoom
6:30 p.m.

Call to Order: Mayor Salwan called the meeting to order at 6:30 p.m.

Roll Call: Present: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, and Liu

Absent: Councilmember Keng
Public Comment: None.

Convened to a Closed Session at 6:31 p.m.

Conference with Legal Counsel – Pending Litigation:
(California Government Code Section 54956.9(d))

1. Michael Foust v. City of Fremont, et al.

Alameda County Superior Court, Case No. 22CV013289

The Special Meeting of the Fremont City Council adjourned at 6:57 p.m.

Attest: Approved:
_____________________________ ___________________________ Alberto Quintanilla, City Clerk Raj Salwan, Mayor

2.B.1.a
Packet Pg. 12
Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026,

*Consent Items

Page 1 ends

Minutes
Fremont City Council Meeting
April 7, 2026
Fremont City Hall and
Virtual Meeting Via Zoom
7:00 p.m.

1. Preliminary
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

B. Flag Salute: Councilmember Liu led the salute to the flag.

C. Roll Call: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu

Absent: Councilmember Keng
D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan shared information regarding items of Council/community interest and announced the Boards and Commissions vacancies.

City Manager Shackelford introduced colleagues.

E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Legal Counsel on Pending Litigation Pursuant to California Government Code Section 54956.9(d)). No reportable action was taken.

2. Consent Calendar
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None

2.B.1.a
Packet Pg. 13
Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026,

*Consent Items

Page 2 ends

* B. Approval of Minutes - for the Regular Meeting of February 10, 2026, Regular Meeting of February 17, 2026, Regular Meeting of March 3, 2026, Closed Session Meeting of March 10, 2026, Regular Meeting of March 10, 2026, and the Special Meeting of
March 20, 2026
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council approved minutes.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
* C. 2026 Pavement Rehabilitation Project - Approve Plans and Specifications, and Award a Contract to A. Teichert & Son, Inc. dba Teichert Construction in the Amount of $4,097,088 (Including 5% Contingency) for the 2026 Pavement Rehabilitation Project (PWC8234-Z); Make Findings of CEQA Exemption
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council approved the following actions related to the 2026
Pavement Rehabilitation Project (PWC8234 Z):

1. Approved the plans and specifications for the project.

2. Accepted the bid and award the construction contract to the lowest responsive and responsible bidder, A. Teichert & Son, Inc. dba Teichert Construction in the amount of $3,897,088, plus a 5% construction contingency in the amount of $200,000 for a total construction contract amount of $4,097,088 and authorize the City Manager, or designee, to execute the contract.

3. Found this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (maintenance of existing facilities) and Section 15302 (reconstruction of existing facilities).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None

2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026,

*Consent Items

Page 3 ends

* D. Chadbourne Carriage House Roof Replacement Prject - Approval of Plans and Specifications and Award of Contract to Andy’s Roofing Company, Inc. in the amount of $261,976 (including 20%
Contingency) for the Chadbourne Carriage House Roof Replacement Project (PWC8393); Make Findings of CEQA Exemption
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council approved the following actions related to the Chadbourne Carriage House Roof Replacement Project (PWC8393):

1. Approve Plans and Specifications for the Chadbourne Carriage House Roof Replacement Project.

2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, Andy’s Roofing, Inc. in the amount of $218,313 and allocate a 20% contingency in the amount of $43,663 for a total construction contract amount of $261,976 and authorize the City Manager, or designee, to execute the contract.

3. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 (repair of existing facility).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
* E. Senior Housing Coordination Agreement - Approval to Renew Agreement with Eden Housing Resident Services, Inc., for the City to Provide Senior Service Coordination Services at Senior Housing Facilities in Fremont
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council authorized the City Manager, or designee, to execute an agreement with Eden Housing Resident Services, Inc., in an amount not-to-exceed $197,481, for the City of Fremont to provide supportive services to seniors and disabled residents at Cottonwood Senior Housing, Redwood Lodge Apartments, Sequoia Manor and Pauline Weaver Senior Apartments for the period of January 1, 2026, through December 31, 2026.

Ayes: Mayor Salwan, Vice Mayor Zhang,
Councilmembers: Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None

2.B.1.a
Packet Pg. 15
Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026,

*Consent Items

Page 4 ends

* F. Real Time Data Visualization Platform Renewal - Authorize the City Manager, or her Designee, to enter into a Service Agreement with Peregrine Technologies, Inc. for software for the Real Time Data Center in amount not-to-exceed $762,600 for a term up to five years
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council authorized the City Manager, or designee, to enter into a service agreement with Peregrine Technologies, Inc. for a three-year term in the amount of $453,000 with an option to extend for two additional one-year terms for a total agreement amount of $762,600.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Councilmember Keng
Abstain: None
* G. Tract 8641 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8641, Located at 730 and 862 Brown Road (Triple E Plaza); Make Findings of CEQA Exemption On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council adopted Resolution No. 2026-11:

1. Approving the Final Map and the Improvement Plans for Tract 8641.

2. Authorizing the City Manager to execute on behalf of the City the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8641”, with the developer, Triple E Builderz, LLC.

3. Authorizing the City Manager to execute on behalf of the City the Agreement for Public Improvements entitled “Private Improvement Agreement, Tract 8641”, with the developer, Triple E Builderz, LLC.

4. Accepting the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

5. Finding that no further environmental review is required for this project.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao
Noes: None

Absent: Councilmember Keng
Recuse: Councilmember Liu

2.B.1.a
Packet Pg. 16
Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026,

*Consent Items

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* H. Centerville Train Depot Roof Replacement Project - Approval of Plans and Specifications and Award of Contract to Rainy Day Roofing, Inc. in the amount of $265,909.20 (including 20% Contingency) for the Centerville Train Depot Roof Replacement Project (PWC8393); Make Findings of CEQA Exemption
On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council approved the following actions related to the Centerville Train Depot Roof Replacement Project (PWC8393):

1. Approve Plans and Specifications for the Centerville Train Depot Roof Replacement Project.

2. Accept the Bid and award the construction contract to the lowest responsive and responsible bidder, Rainy Day Roofing, Inc. in the amount of $221,590.20 and allocate a 20% contingency in the amount of $44,319.00 for a total construction contract amount of $265,909.20 and authorize the City Manager, or designee, to execute the contract.

3. Find the project is exempt from CEQA review pursuant to CEQA Guideline Section 15301 (repair of existing facility).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
* I. February 2026 City Council Retreat - Acceptance of the 2026 City Council Retreat Report
This item was removed from the Consent Calendar.

City Manager Karena Shackelford and Deputy City Manager Allen DeMers responded to questions from Councilmembers. Mayor Salwan opened the public comment period. There being no speakers, Mayor Salwan closed the public comment period.

City Council accepted the report with further direction to staff.

3. Ceremonial Items
A. Proclamation: Arts, Culture and Creativity Month (April 2026) B. Proclamation: National Night Out (August 4, 2026)
C. Proclamation: Autism Awareness Month (April 2026)

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4. Public Communications
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov and placed on file.

Mayor Salwan opened the public comment period. The following people commented: Sushmet Pon, Baskar Vangili, Madhu Thummaloro, Pratish Shah, Suresh, Arnab Ray, Vipin Sharma, Andreas Kadavanich, Rohit Kikshit, Chonda Gopal, and Shree Dharasker. There being no additional speakers, Mayor Salwan closed the public comment period.

5. Scheduled Items
A. Winter 2025-2026 Code Update - Citywide - PLN2026-00005 - To Consider Text Amendments to Fremont Municipal 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 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).

Senior Planner James Wilis and Planning Manager David Wage were available for questions and shared a presentation. Mayor Salwan opened the public hearing. The following people commented: John Weed, Krysten Laine, and Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public hearing.

On a motion by Councilmember Liu, seconded by Councilmember Campbell, the City Council:

1. Held public hearing.

2. Found 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.

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3. Found 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. Found 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. Introduced 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. Directed staff to document the above written findings and recommendation of the Commission to the City Council, and the City Clerk to publish a summary of the ordinance.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
Mayor Salwan called a brief recess. Following the recess, the meeting was reconvened.

B. Bond Issuance for Centerville Holding 731, L.P. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for Centerville Holding 731, L.P. (Centerville Plaza Apartments) Finance Director David Persselin and Housing Manager Lucia Hughes were available for questions along with CMFA representative Jarod Suzuki and Executive Vice President of USA Properties Fund, Inc. Darren Bobrowsky.

Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

On a motion by Councilmember Kimberlin, seconded by Councilmember Liu, the City Council:

1. Held a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,

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2. Adopted Resolution No. 2026-12 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by USA Properties Fund, Inc. (the “Sponsor”) on behalf of a limited partnership of which the Sponsor or a related person to the Sponsor is the general partner (such limited partnership being referred to herein as the “Borrower”) and making findings of CEQA exemption.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
C. Bond Issuance for CRP Arbor View Apartments, LP. - Public Hearing (Published Notice) in Accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the issuance of Tax-Exempt Bonds by California Municipal Finance Authority (CMFA) for CRP Arbor View Apartments LP. (Arbor View Apartments)
Finance Director David Persselin and Housing Manager Lucia Hughes were available for questions along with CMFA representative Jarod Suzuki and CRP Affordable Housing and Community Development Associate Gregory Nestler. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

On a motion by Vice Mayor Zhang, seconded by Councilmember Campbell, the City Council:

1. Held a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA); and,

2. Adopted Resolution 2026-13 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority for the purpose of financing an affordable housing project in the City of Fremont to be developed by CRP Affordable Housing & Community Development (“CRP”) and making findings of CEQA exemption.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None

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D. LS Power Franchise - Public Hearing and Introduction of an Ordinance Granting an Electric Franchise to LS Power Grid California, LLC; Adopt Resolution Adopting the Power the South Bay project Environmental Impact Report and Make Findings; Authorize the City Manager to Take Steps to Effectuate the Franchise; and Direct the City Clerk to Publish a Summary of the Ordinance
Public Works Assistant City Engineer Noe Veloso, Economic Development Director
Donovan Lazaro, Real Property Agent Ian Champeny, along with LS Power representatives Senior Vice President Casey Carroll and Senior Project Manager Lucy Marton, responded to questions from Councilmembers. No objections received. Mayor Salwan opened the public hearing. The following person commented: Kelly Abreu. There being no additional speakers, Mayor Salwan closed the public hearing.

On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council:

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None
E. Liberty Street and Sundale Vacation - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate Portions of Liberty Street and Sundale Drive – PLN2026-00034; Make Findings of CEQA Exemption
Public Works Assistant City Engineer Noe Veloso and Principal Civil Engineer Anne Quasarano responded to questions from Councilmembers.

No objections received. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

On a motion by Vice Mayor Zhang, seconded by Councilmember Campbell, the City Council:

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: Keng
Abstain: None

6. Other Business – None.

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7. Items Referred by Councilmembers
A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Salwan Referral: Appointment to Advisory Body
Appointment:

Advisory Body Appointee Term Expires

Rent Review Board Tony Goulart 12/31/2027
(Landlord Representative)

On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council approved appointment.

C. Legislative Actions – None.

D. Report on Committee Assignments – None

8. Adjournment: There being no further business, Mayor Salwan adjourned the meeting at 9:04 p.m.

Attest: Approved:

Alberto Quintanilla, City Clerk Raj Salwan, Mayor

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Minutes
Fremont City Council Special Meeting
April 14, 2026
Fremont City Hall and
Virtual Meeting via Zoom
6:00 p.m.

Call to Order: Mayor Salwan called the meeting to order at 6:00 p.m.

Roll Call: Present: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Liu
Councilmember Shao arrived at 6:11 p.m.

Public Comment: None.

Convened to a Closed Session at 6:01 p.m.

Conference With Labor Negotiator:
(California Government Code 54957.6)

City Designated Representatives: Karena McGee Shackelford, City Manager; Rafael E. Alvarado Jr., City Attorney; Brian Stott, Assistant City Manager; Christina Briggs, Assistant City Manager; Allen Demers, Deputy City Manager; David Persselin, Finance Director; Tina Gallegos, Human Resources Director; Elana Rivkin-Haas, Senior Deputy City Attorney; Charles Sakai, Designated Representative; and Allyson Hauck, Designated Representative Organizations Representing Employees:
• City of Fremont Employee Association
• Operating Engineers Local Union 3
• Teamsters Local 856
• Fremont Police Association
• Fremont Police Managers’ Association
• Professional Engineers and Technicians Association
• Fremont Association of Management Employees
• Fremont Fire Fighters
• Fremont Fire Fighters Battalion Chiefs

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The Special Meeting of the Fremont City Council adjourned at 6:57 p.m.

Attest: Approved:

_____________________________ ___________________________ Alberto Quintanilla, City Clerk Raj Salwan, Mayor

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Minutes
Fremont City Council Special Meeting
April 14, 2026
Fremont City Hall and
Virtual Meeting via Zoom
7:00 P.M.

1. Preliminary
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

B. Flag Salute: Councilmember Shao led the salute to the flag.

C. Roll Call: Mayor Salwan, Vice Mayor Zhang, Councilmembers: Keng, Campbell, Kimberlin, Shao, Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session (if applicable)
City Attorney Alvarado reported that the Council conducted a conference in Closed Session this evening. The Council discussed Conference with Labor Negotiators Pursuant to California Government Code Section 54957.6.

No reportable action was taken.

2. Consent Calendar
* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* B. Approval of Minutes – None.

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* C. Authorized Agents for State and Federal Disaster Assistance – Adopt a Resolution Designating and Authorizing City Personnel to Act on Behalf of the City of Fremont for All Matters Pertaining to State and Federal Disaster Assistance Funding
On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council adopted Resolution No. 2026-16 designating the Assistant City Managers, Deputy City Manager, and Finance Director as the City of Fremont’s agents to provide required assurances and execute agreements for the purposes of obtaining financial assistance from the State of California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* D. Alameda County Operational Area Emergency Management – Adopt a Resolution Approving City Participation in the Alameda County Operational Area Emergency Management Organization and Authorizing the City Manager to Execute the Participation Agreement
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu.

There being no additional speakers, Mayor Salwan closed the public comment period. Emergency Services Manager Alec Tune responded to questions from Councilmembers.

On a motion by Councilmember Campbell, seconded by Councilmember Liu, the City Council adopted Resolution No. 2026-17 approving the City’s participation in and the Agreement for Participation in the Alameda County Operational Area Emergency Management Organization.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

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* E. 2026 Cape and Slurry Seal Project - Approval of Plans and Specifications; Award of Contract to VSS International, Inc. in the Amount of $3,705,325 (Including 5% Contingency) for the 2026 Cape and Slurry Seal Project (PWC8195-Y2); Make Findings of CEQA Exemption
On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council approved the following actions related to the 2026 Cape and Slurry Seal Project (PWC8195-Y2):

1. Approved the plans and specifications for the project.

2. Accepted the bid and award the construction contract to the lowest responsive and responsible bidder, VSS International, Inc. in the amount of $3,525,325, allocate a 5% construction contingency in the amount of $180,000 for a total construction contract amount of $3,705,325, and authorized the City Manager, or designee, to execute the contract.

3. Found this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (maintenance of existing facilities).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* F. Alameda CTC Master Programs Funding Agreement - Approval of Master Programs Funding Agreement with Alameda County
Transportation Commission Addressing Direct Local Distributions of Revenue from Measure BB and Vehicle Registration Fee Programs; Make Findings of CEQA Exemption
On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council approved the following actions related to the CTC Master Programs Funding Agreement:

1. Authorized the City Manager, or designee, to execute the Master Programs Funding Agreement with ACTC to continue implementation of the Measure BB and Vehicle Registration Fee programs.

2. Found that the action is exempt from CEQA review (administrative activity).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

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* G. Fremont Central Park Restroom Replacement Project - Approval of Amendment to Construction Contract with Alex Kushner General Inc to Increase Funding in the Amount of $80,000 for the Fremont Central Park Restroom Replacements Project (PWC9089), and Finding the Actions Exempt from CEQA.

On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council approved the following actions related to the Fremont Central Park Restrooms Replacement Project (PWC9089):

1. Approved $80,000 in additional funds for the Fremont Central Park Restrooms Replacement Project and authorized the City Manager, or designee, to amend the construction contract with Alex Kushner General, Inc. for the additional work, for a total contract amount not-to-exceed $1,032,200.

2. Found the action is exempt from CEQA requirements pursuant to CEQA Guideline Section 15302 (replacement of existing facilities).

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* H. Second Reading and Adoption of an Ordinance of the City of Fremont Granting an Electric Franchise to LS Power Grid California, LLC
This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. The following person commented: Kelly Abreu.

There being no additional speakers, Mayor Salwan closed the public comment period. Assistant City Engineer Noe Veloso responded to questions from Councilmembers.

City Attorney Rafael Alvarado, Jr. read the title of the ordinance; and further reading was waived by City Council.

On a motion by Councilmember Liu, seconded by Councilmember Campbell, the City Council adopted Ordinance No. 01-2026 granting franchise and approving a franchise agreement with LS Power Grid California, LLC (“LS Power”) to support enhancing the electrical power supply serving Fremont and the greater Bay Area.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

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3. Ceremonial Items
A. Proclamation: Bay East Association of Realtors – Fair Housing Month (April 2026)
B. Proclamation: Muslim Appreciation Month (April 2026) C. Proclamation: Mission San Jose Warriors Boys Varsity Basketball Team

Mayor Salwan opened the public comment period. The following people commented: Padma Gopalakrishnan, Shon Kristi, Saharsh Maram, Saqib Sinu and Sathya Sundari Sankaran. There being no additional speakers, Mayor Salwan closed the public comment period.

5. Scheduled Items – None.

6. Other Business
A. Paseo Padre Parkway Improvement Project - Receive Presentation on Street Design Alternatives and Community Outreach Process for Project to Improve Transportation Safety, Operations, and Multimodal Access Along Paseo Padre Parkway in the Areas of Covington Drive and Olive Avenue; and Provide Input to Staff on Preferred Direction
Mayor Salwan opened the public comment period. The following people commented: Padma Gopalakrishnan, Monica Guhamajumdar, Prasad Koya, Norman Hughes, Jingmin Yang, Andreas Kadavanich, Vijai Soori, Rebecca Wernis, Steve Skala, Vipin Sharma, Kelly Abreu, Henry Liang, Laura Winter, and Golden Shao. There being no additional speakers, Mayor Salwan closed the public comment period. Public Works Director Has Larsen and Assistant City Engineer Noe Veloso shared a presentation and responded to questions from Councilmembers

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On a motion by Councilmember Campbell, seconded by Vice Mayor Zhang, the City Council directed staff as follows:

1. As to Covington Drive: implement flashing beacons, signage and visibility improvements; no traffic signal or roundabout.

2. As to Olive Avenue: implement Option 3, including painted lane reduction (approximately 250-350 feet) with visibility improvement and flashing beacon at crosswalk.

3. As to Paseo Padre Parkway (corridor): maintain 4 lanes with the exception of painted lane reduction at Olive Avenue.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao
Noes: Liu

Absent: None
Abstain: None

7. ITEMS REFERRED BY COUNCILMEMBERS
A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:56 p.m.

Attest: Approved:

Alberto Quintanilla, City Clerk Raj Salwan, Mayor

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Minutes
Fremont City Council Meeting
April 21, 2026
Fremont City Hall and
Virtual Meeting via Zoom
7:00 p.m.

1. Preliminary
A. Call to Order: Mayor Salwan called the meeting to order at 7:00 p.m.

B. Flag Salute: Councilmember Keng led the salute to the flag.

C. Roll Call: Mayor Salwan, Vice Mayor Zhang, Councilmembers: Keng, Campbell, Kimberlin, Shao, Liu

D. Announcements by Mayor/City Manager/City Attorney
Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest and introduced colleagues.

E. Report Out of Closed Session (if applicable) – None.

2. Consent Calendar
* A. Waive Reading of Ordinances: None.
* B. Approval of Minutes – None.
* C. Energy Management Services - Approval of a Service Agreement with Syserco Inc., for Support Services and Part Purchases for the City’s Energy Management System
On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute a 5-year service agreement (July 1, 2026 to June 30, 2031) with Syserco Inc. at an annual cost of $108,857 ($33,857 scheduled services, $25,000 for as needed sole source parts purchases plus $50,000 annually for reactive maintenance contingency), with annual price increases based on CPI-U but capped at 4% per year.

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Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* D. Fremont Landscaping Assessment District No. 88 - Initiate Proceedings and Adopt a Resolution of Intent to Levy and Collect Assessments Within Landscaping Assessment District No. 88 for Fiscal Year 2026/27, Approve the Engineer’s Report, and Set the Public Hearing for June 16, 2026
On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council:

1. Initiated annual assessment proceedings under the Landscaping and Lighting Act of 1972 for Landscaping Assessment District 88.

2. Adopted Resolution No. 2026-18 declaring the City Council’s intent to levy and collect assessments for the District for Fiscal Year 2026/27, preliminarily approving the Engineer’s Report, and setting the public hearing.

Ayes: Vice Mayor Zhang, Councilmembers: Keng,
Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Recuse: Mayor Salwan
* E. Recreation Services for Classes and Camps - Authorize the City Manager, or Designee, to Execute Agreement with Nanogen Science and Services, LLC, a California Limited Liability Company dba Mad Science of the Bay Area
On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute a Recreation Services Agreement with Nanogen Science and Services, LLC a California Limited Liability Company dba Mad Science of the Bay Area not- to-exceed $300,000 from June 1, 2026 through December 31, 2027.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

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* F. Adopt a Resolution Approving Additional Funding for the Thornton & Post Apartments Project – Approval of Additional Affordable Housing Funding for the Thornton & Post Apartments Project and Making Findings of CEQA Exemption
On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council:

1. Adopted Resolution No. 2026-19 authorizing the City Manager, or her designee, to amend the existing loan documents to add up to $1,500,000 for a total of $11,176,908 in funding to the project, and take such other actions as required to increase the total loan amount to $18,776,908 to Resources for Community Development, and making findings of CEQA exemption; and

2. Appropriated an additional $1,500,000 from the Affordable Housing Development Fund (Fund 196) for the Thornton & Post project.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None
* G. Security System Servies - Authorize a Seven-Year Agreement with Schneider Electric Buildings Americas, Inc. for Security System Services at City Building Facilities for an Amount Not-to-Exceed $1,500,000
On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council authorized the City Manager, or designee, to execute a seven-year Master Service Agreement (July 1, 2026 through June 30, 2033) for City-wide security system services with Schneider Electric Buildings Americas, Inc. for a not-to-exceed amount of $1,500,000 for the seven-year term.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

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* H. City of Fremont Salary Schedule Adoption - Consideration of a Resolution Approving and Adopting City-wide Salary Schedules This item was removed from the Consent Calendar. Mayor Salwan opened the public comment period. There being no speakers, Mayor Salwan closed the public comment period. Human Resources Director Tina Gallegos responded to questions from Councilmembers.

On a motion by Councilmember Campbell, seconded by Councilmember Keng, the City Council adopted Resolution No. 2026-20 approving and adopting the revised City of Fremont Citywide Salary Schedules.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

3. Ceremonial Items
A. Proclamation: Fair Housing Month (April 2026) – Project Sentinel B. Proclamation: National Crime Victims’ Rights Week
(April 19-25, 2026)

Mayor Salwan opened the public comment period. The following people commented: Kyle Pomykala and Caroline Harris. There being no additional speakers, Mayor Salwan closed the public comment period.

5. Scheduled Items
A. Human Resources Department – Public Hearing to Comply with Assembly Bill 2561 (Government Code Section 3502.3) Regarding City's Vacancies, Recruitment, and Retention Efforts
Human Resources Director Tina Gallegos was available for questions.

Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing.

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On a motion by Councilmember Liu, seconded by Councilmember Keng, the City Council conducted a public hearing on the status of the City’s vacancies, recruitment, and retention efforts.

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao, Liu
Noes: None

Absent: None
Abstain: None

6. Other Business
A. Washington Health - Community Health Needs Assessment and Health Improvement Plan
Washington Health representatives, Chief of Community Support Services Angus Cochran and Community Outreach Manager Kayla Gupta shared a presentation and responded to questions from Councilmembers.

City Council received the presentation.

B. Fremont Boulevard Complete Street Project - Receive presentation on proposed street design and community outreach for a
grant-funded project to improve transportation safety, operations, multimodal access, and streetscape beautification along Fremont Boulevard between Country Drive and Grimmer Boulevard,
including the addition of a right-turn lane at southbound Fremont Boulevard to westbound Mowry Avenue; and approve plans to remove a right-turn lane at westbound Beacon Avenue to
northbound Fremont Boulevard
Public Works Director Hans Larsen and Assistant City Engineer Noe Veloso shared a presentation and responded to questions from Councilmembers.

Mayor Salwan opened the public comment period. The following people commented: Andreas Kadavanich, Vipin Sharma, Rebeca Wernis, Steve Skala, and Caroline Harris. There being no additional speakers, Mayor Salwan closed the public comment period.

On a motion by Vice Mayor Zhang, seconded by Councilmember Keng, the City Council took the following actions related to the Fremont Boulevard Complete Street Project located between Country Drive and Grimmer Boulevard:

1. Received presentation on the project and community outreach.

2. Approved plan to remove a dedicated right-turn lane from westbound Beacon Avenue to northbound Fremont Boulevard.

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*Consent Items

Page 6 ends

Ayes: Mayor Salwan, Vice Mayor Zhang, Councilmembers:

Keng, Campbell, Kimberlin, Shao
Noes: Liu

Absent: None
Abstain: None

7. Items Referred by Councilmembers
A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Salwan Referral: Appointment and Reappointments to Advisory Body
Appointment:

Advisory Body Appointee Term Expires

Mobility Commission
Bicycle Representative 2
Kendra Toy 12/31/2027

On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council approved appointment.

C. Legislative Actions – None.

D. Report on Committee Assignments
Councilmembers reported on their various meetings.

8. Adjournment: There being no further business, Mayor Salwan adjourned the meeting at 9:19 p.m.

Attest: Approved:

Alberto Quintanilla, City Clerk Raj Salwan, Mayor

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Attachment: Draft Minutes for the Closed Session of April 7, 2026, Regular Meeting of April 7, 2026, Closed Session Meeting of April 14, 2026, Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5711) DOC ID: 5711
Updated: 5/1/2026 10:48 AM by Dina Lewis Page 1
Second Reading and Adoption of an Ordinance of the City of Fremont - Amending 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).

Contact Persons:

Name: Alberto Quintanilla
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4009
E-Mail: [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.

The ordinance was introduced by the City Council at its April 7, 2026 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance_Winter 2025-2026 Code Update

Recommendation: Adopt 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.

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

ORDINANCE NO. ____ - 2026

AN ORDINANCE OF THE CITY OF FREMONT 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, 2026, the Planning Commission held a public hearing to consider the recommended approval of the proposed amendments to the City Council; and WHEREAS, on April 7 , 2026 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

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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

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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

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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 - -

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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
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

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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
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

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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
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

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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
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

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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
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

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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
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
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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

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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

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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.

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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.

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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

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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

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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

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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

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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 line 1, except

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that no deck finished floor shall exceed a height of five feet in an (H-I) hillside combining district.
(c) Rooftop decks 1 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.

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(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

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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.

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(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 April 7, 2026, 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

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3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5701) DOC ID: 5701
Updated: 5/1/2026 11:27 AM by Dina Lewis Page 1
Military Equipment Annual Report - Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2025 to March 2026; Approve Additional purchase of a Long Range Acoustic Device and Combined Tactical Systems Baffled Gas Canisters.

Contact Persons:

Name: Veronica Rodrigues Bryan Hollifield
Title: Police Lieutenant Police Lieutenant
Div/Dept: Police Department Police Department
Phone: (510) 790-6779 (510) 790-6934
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Municipal Code Chapter 8.80, known as the Military Equipment Use Ordinance, requires the Fremont Police Department (FPD) to produce an annual military equipment use report. The Fremont City Council uses the annual report to ensure FPD's compliance with the Military Equipment Use Policy and to determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

FPD has submitted the required annual report covering the reporting period from April 2025 to March 2026, held the required community engagement event, and now seeks City Council review and approval for the continued use of the approved equipment. FPD is also seeking approval to purchase one Long-Range Acoustic Device (LRAD) and thirty Combined Tactical Systems (CTS) Baffled Gas Canisters.

Background: Government Code sections 7070 through 7075 require law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy. On May 3, 2022, the Fremont City Council adopted Ordinance No. 04-2022 establishing Fremont Municipal Code (FMC) Title 8 Health and Safety, Chapter 8.80 Military Equipment Use. FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing the following:

• A summary of how the Military Equipment was used and the purpose of its use.

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• A summary of any complaints or concerns received concerning the Military Equipment.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. • The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Use Report. • The quantity possessed for each type of Military Equipment. • If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

In addition, FPD must make the annual Military Equipment Use Report available on its website and hold a community engagement meeting where the public can discuss and ask questions about the report and FPD's military equipment. Once the report is submitted, the City Council shall determine, based on the annual Military Equipment Use Report, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in the FMC and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Use Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

Discussion/Analysis:

Annual Report
With this report, FPD has submitted the required annual report, documenting all information for the reporting period from April 2025 to March 2026. In compliance with the ordinance, the report was posted publicly on March 24, 2026, in the transparency section of FPD’s website, along with an updated draft of Exhibit 1. A well-publicized and conveniently located community engagement event was held on March 25, 2026, from 5:30-7:00 p.m., where all approved military equipment was available for public viewing and discussion. The public event was held in the front parking lot and front lobby of FPD. Approximately 50 community members attended

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the event. No significant community concerns were noted during or after the event regarding any of the equipment on display.

FPD is seeking City Council review and approval for the continued use of all authorized military equipment identified in the annual report, as well as the equipment listed in Exhibit 1 of FPD’s Military Equipment Use Policy (708).

As shown in the annual report, FPD used some but not all of the listed equipment and received no complaints or concerns regarding its use. In addition, FPD had no policy violations associated with the deployment or use of military equipment. Consequently, the FPD has complied with the requirements of FMC Chapter 8.80 and the Military Equipment Use Policy for the period covered in the annual report.

In order to approve the continued use of the currently authorized military equipment by FPD, the ordinance and AB 481 require the City Council to find that the military equipment listed in the policy is necessary because there is no reasonable alternative that can achieve the same objective of community and officer safety and that the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. All of the equipment listed in the policy was designed to enhance law enforcement’s ability to ensure public safety and welfare and was not obtained from the military. The policy ensures that safeguards, including transparency, oversight, and accountability measures, are in place for the use of the listed equipment. Members of the public are provided with directions, according to the policy, on how to register complaints about violations. All items that result in the use of force will be investigated, as is already required by existing FPD policy.

Based on ongoing equipment evaluation and deployment history, FPD has not discovered alternative items that can achieve the same objectives of community and officer safety. Below is information pertaining to items Fremont Police has acquired, utilized, and assessed as being necessary to achieve and support public safety objectives:

Government Code § 7070(c)(1)- Unmanned remotely piloted powered aerial or ground vehicles:

Unmanned aerial systems (UAS) are necessary as they provide real-time situational awareness to responding and/or on-scene first responders. UAS are utilized in Fremont for both Drone as First Responder (DFR) deployments and field deployments. Without the use of a UAS, police officers would have limited overhead observation of high-risk areas, decreased effectiveness of

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detecting missing persons, reduced visual assistance during rescue operations, and would be unable to assess suspicious/dangerous objects from a safe distance. In addition to crime and rescue operations, UAS equipment is used to memorialize and document crime scenes and traffic accident locations. The UAS system can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential areas, open land/wooded areas, and other crowded spaces. Without this equipment, safety risks to the public and law enforcement personnel would increase in the circumstances described.

Therefore, we have found no reasonable alternatives that would allow FPD to achieve public safety objectives.

Unmanned, remotely controlled ground vehicles (robots) are used to gather images and/or video during high-risk operations and critical incidents. The equipment provides visibility in areas where it would be unsafe to send a police officer. This system can also be used to observe potentially hazardous items, such as explosive devices or suspicious chemicals. Lacking access to this item would require police officers or other emergency responders to perform high-risk tasks and could lengthen the mitigation process during dangerous operations. There is no known alternative to this system.

Government Code § 7070(c)(2) and (3) – Armored personnel carriers:

The FPD utilizes two armored vehicles. The armored vehicles are built on commercial truck chassis and have an armored body/shell. Our armored vehicles are equipped with an attachment that allows breaching of structures to conduct rescue operations or apprehend persons who are violent and pose a significant risk to the community and officers. Armored vehicles provide ballistic protection for officers and members of our community during rescue operations, critical incidents, and other hazardous situations. These vehicles allow officers closer access to high-risk situations (gun violence, dangerous objects, etc.) while substantially reducing the physical risk to community members and officers. As such, there are no reasonable alternatives to providing the same level of ballistic protection to community members or police officers during incidents involving gun violence.

Government Code § 7070(c)(5) – Command and control vehicles:

The Mobile Command Vehicle (MCV) is a vehicle similar to a commercial recreational vehicle (RV). It is equipped with emergency dispatching communication, monitors, and command systems to assist in the command and control of a critical incident. This vehicle enables mobile incident

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command and the use of the Incident Command System, facilitating the best possible on-scene decision-making by key leaders. It provides operational, administrative, and logistical support, as well as restroom facilities and mobile power generation. A critical function of the MCV is to serve as an emergency backup dispatch system in case of a failure of our main system in the police building. As a result, given the criticality of the continuity of emergency calls for service, there is no known alternative to the MCV, as this vehicle directly supports public safety efforts during critical incidents.

The Hostage Negotiations Team Van (HNT Van) is a standard Ford Transit (350) van equipped with audiovisual devices to communicate with violent and dangerous people who are not complying with a lawful order to surrender or be arrested. The vehicle is used to assist the command-and- control element in facilitating the safe surrender of subjects who refuse to submit to arrest. This vehicle’s link to the MCV makes it necessary for public safety objectives, and no known alternative has been identified.

Government Code § 7070(c)(7) - Breaching apparatuses and slugs:

FPD utilizes breaching shotguns used to defeat locked, barricaded, or fortified locations, allowing officers to conduct rescue operations or high-risk forceable entries necessary to apprehend a suspect unwilling to submit to a lawful arrest. The equipment is also used during rescue operations to defeat locked doors and swiftly render aid to those in need of immediate medical attention. These items allow police officers rapid entry into a structure when a delay in time could result in severe injury or loss of life to members of our community and/or law enforcement personnel. Examples include active shooter situations, hostage/kidnapping incidents, downed persons inside the dwelling, or high-risk arrest operations. In such situations, time is of the essence, and it would not be feasible to wait for alternative access options to become available. Handheld battering rams and lock picks can be alternatives in non-fortified, lower-level, low-risk situations. When rapid entry is necessary to save lives or prevent injury, the breaching shotgun is necessary. As such, there is no reasonable alternative to these items.

Government Code § 7070(c)(10) – Specialized firearms and ammunition:

When in compliance with FPD’s De-escalation and Use of Force Policy, the currently approved rifles allow officers to address medium to long-distance violent and dangerous threats. This may include persons who are heavily armed or are actively harming or killing others. Further, this equipment allows officers precision shot placement, minimizing the risk to members of

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our community and officers. There are no known alternatives to these weapons that offer a comparable level of effectiveness in preventing harm or loss of life.

Government Code § 7070(c)(12) – Flashbangs, tear gas, pepper balls:

Flashbangs are used as a distraction device in order to divert the suspect’s attention away from officers during high-risk arrest or rescue operations.

The distraction enables officers to gain safer access and provides extra time to assess and analyze existing threats. The intent of utilizing this device is to prevent injury to community members, officers, and suspects. The intended outcome is to achieve a safe resolution and enable officers to conduct high-risk, dangerous arrest operations while using minimal force. Fremont Police have successfully used these devices in the past and are unaware of any reasonable alternatives that would achieve the same objectives.

Tear gas and pepper balls are less lethal methods used to address violent or riotous crowds when there is a risk to physical safety. They are also used to safely extract a violent, dangerous, or uncooperative/resisting suspect from a fixed location or safely detain a suspect who poses a risk to our community or police officers. Tear gas allows officers to deploy a chemical agent (irritant) into a structure where the use of other tools may be impractical or inappropriate. These tools afford law enforcement an additional option to help prevent officers from resorting to a higher level of force to effect an arrest. Based on ongoing reevaluation of these tools and experience, we have found no reasonable alternative.

Government Code § 7070(c)(14) – 40mm projectile launchers:

The use of 40mm projectile launchers is necessary to offer another alternative to lethal force. The projectile, made from a material similar to foam, is less likely to result in death or serious physical injury when used on a suspect who is violently resisting or refusing to comply with a lawful order to surrender to arrest. The device's kinetic energy is intended to be used in accordance with FPD policy and only when no alternative is appropriate. As another less lethal tool, this equipment is necessary, and no reasonable alternative has been identified based on ongoing assessment and experience.

For the above-listed reasons and based on the annual report, the staff recommends that the City Council approve the continued use of the currently authorized military equipment.

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Request for authorization to purchase a Long-Range Acoustic Device (LRAD)
FPD is seeking City Council approval to purchase one Long Range Acoustic Device (LRAD) with grant funding. The LRAD is an audible broadcast system that can be mounted on a vehicle or tripod and can broadcast real-time voice commands, pre-recorded voice commands/public safety messages, and emergency alert tones. The broadcast direction, degree of focus, and decibel level are adjustable based on the situation. LRAD devices are used by law enforcement agencies for a variety of purposes, including special-event communication, tactical operations, search-and-rescue, and evacuation notifications. LRADs come in a variety of sizes and configurations based on the device's intended use.

The acquisition and deployment of an LRAD will increase FPD’s capabilities during many circumstances, including:
• Pre-Planned Warrant Service: The LRAD will provide clear and effective verbal announcements and orders for people inside structures and at greater distances.
• Barricaded Suspects: The LRAD will provide greater verbal communication with subjects inside structures and vehicles. • Negotiations and De-Escalation: The LRAD will provide an avenue for Hostage Negotiators to communicate clearly with subjects during a vast array of operations.
• Crowd Management: During crowd management events, the LRAD will provide a way to clearly communicate over a large area. • Emergency Notifications or Evacuations: The LRAD can be used to warn the public of emergency events, extreme weather, and evacuations.
• Special Events: The LRAD can be used to communicate information to large crowds at special events, including public safety announcements and missing persons information.

As such, there is no reasonable alternative to providing the same level of communications to the required audience during these events.

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Request for authorization to purchase Combined Tactical Systems (CTS) Baffled Gas Canisters
FPD is seeking City Council approval to purchase thirty Combined Tactical Systems (CTS) Baffled Gas Canisters. These canisters allow the gas contents to burn within an internal chamber and disperse the agent safely, reducing the risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a dangerous barricaded subject. The purpose of the CTS Baffled Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The CTS Baffled Canister enables the delivery of a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness through heat and vaporization while minimizing or eliminating the risk of fire to the structure. This device is specifically approved by the manufacturer for launchable delivery, meaning it can be thrown or launched into a structure without damaging the canister. This increases the safety of personnel deploying it and further reduces the risk of fire. This differs from other products in its category. These canisters would be used primarily during dangerous barricaded suspect incidents, and also as a less lethal option to assist with the dispersal of a riot and/or arrest of dangerous suspects. As another less lethal tool, this equipment is necessary, and no reasonable alternative has been identified based on ongoing assessment and experience.

Fiscal Impact:

Annual Military Equipment Discussion:

In compliance with Municipal Code Chapter 8.80, FPD’s annual military equipment report details the total annual cost for each type of Military Equipment. This includes costs for acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs, as well as the source from which funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Use Report.

During this reporting period, FPD spent approximately $31,053.39 on equipment and training specified in AB 481. The total expenditure represents 0.024% of FPD’s operational budget ($127,735,036.61 for FY2025/26).

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Requested LRAD purchase:

One Long Range Acoustic Device (LRAD), total of $29,841.00 Funding source: Fiscal Year 2026/27 Bay Area Urban Areas Security Initiative (UASI) Grant
Requested CTS Baffled Gas Canisters purchase:

Thirty CTS Baffled Gas Canisters, total of $1,514.00
Funding source: Fiscal Year 2026/27 Proposed General Fund Operating Budget
Grand Total for the above-listed, requested equipment: $31,355.00 Environmental Review: Receiving and approving the Annual Military Equipment Use Report and Exhibit 1 of FPD’s Military Equipment Use Policy and the purchase of an LRAD and 30 CTS Baffled gas canisters are administrative government activities that are exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS:
• 2026.04.01 - Draft Resolution Military Equipment Use Policy Amendment • Exhibit 1 for Military Equipment Policy-2026
• April 2025 - March 2026 Annual Military Equipment Use Report • Military_Equipment_Policy 708

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Resolution 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE MILITARY EQUIPMENT USE POLICY

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (“AB”) 480, relating to the use of military equipment by law enforcement agencies, codified in Government Code sections 7070 through 7075; and

WHEREAS, on May 3, 2022, the City Council of the City of Fremont (“City Council”) adopted Ordinance No. 04-2022 and established Fremont Municipal Code (“FMC”) Chapter 8.80 Military Equipment Use that requires the City Council to approve and make certain findings during a regular meeting held pursuant to open meeting laws for funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy approved by City Council; and

WHEREAS, FMC Section 8.80.030 authorizes the City Council to approve the funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy if it makes certain specified determinations set forth therein; and

WHEREAS, FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing a summary of how the military equipment was used and the purpose of its use; a summary of any complaints or concerns received concerning the military equipment; the results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response; the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual Military Equipment Report; the quantity possessed for each type of military equipment; and if the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and

WHEREAS, Government Code section 7070 and FMC section 8.80.020 define military equipment to include long-range acoustic device (“LRAD”) and gas canister systems; and

WHEREAS, the LRAD is an audible broadcast system that can be mounted on a vehicle or tripod and can broadcast real-time voice commands, pre-recorded voice commands/public safety messages, and emergency alert tones. The broadcast direction, degree of focus, and decibel level are adjustable based on the situation. LRAD devices are used by law enforcement agencies for a variety of purposes, including special-event communication, tactical operations, search-and-rescue, and evacuation notifications; and

WHEREAS, the LRAD would enhance the Police Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective during many circumstances, including:

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• Pre-Planned Warrant Service: The LRAD will provide clear and effective verbal announcements and orders for people inside structures and at greater distances. • Barricaded Suspects: The LRAD will provide greater verbal communication with subjects inside structures and vehicles.
• Negotiations and De-Escalation: The LRAD will provide an avenue for Hostage Negotiators to communicate clearly with subjects during a vast array of operations. • Crowd Management: During crowd management events, the LRAD will provide a way to clearly communicate over a large area.
• Emergency Notifications or Evacuations: The LRAD can be used to warn the public of emergency events, extreme weather, and evacuations.
• Special Events: The LRAD can be used to communicate information to large crowds at special events, including public safety announcements and missing persons information; and

WHEREAS, the Combined Tactical Systems (“CTS”) Baffled Gas Canisters allow the gas contents to burn within an internal chamber and disperse the agent safely, reducing the risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a dangerous barricaded subject. The purpose of the CTS Baffled Gas Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This device is specifically approved by the manufacturer for launchable delivery, meaning it can be thrown or launched into a structure without damaging the canister; and

WHEREAS, the Police Departments would utilize the CTS Baffled Gas Canisters to enhance their mission of protecting lives and property when other means and resources are unavailable or are less effective by enabling the delivery of a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness through heat and vaporization while minimizing or eliminating the risk of fire to the structure. The canisters increase the safety of personnel deploying it and further reduces the risk of fire, which differs from other products in its category. These canisters would be used primarily during dangerous barricaded suspect incidents, and also as a less lethal option to assist with the dispersal of a riot and/or arrest of dangerous suspects; and

WHEREAS, on May ___, 2026, the City Council held a duly noticed meeting where members of the public had the opportunity to be heard on this subject, and the City Council considered the information set forth in the staff report and information submitted to the City Council prior to and during the meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The City Council of the City of Fremont finds that each type of military equipment identified in the Fremont Police Department April 2025 to March 2026 Annual Military Equipment Use Report (“Report”) has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy and approves the Report.

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SECTION 2. The City Council of the City of Fremont approves the amendment to the Military Equipment Use Policy, as identified in Exhibit 1 of the Fremont Police Department’s Military Equipment Use Policy and the purchase of a Long-Range Acoustic Device (LRAD) and thirty (30) Combined Tactical Systems (CTS) Baffled Gas Canisters, finding that: (1) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, (2) the existing Military Equipment Use Policy attached as Exhibit A to this Resolution safeguards the public's welfare, safety, civil rights, and civil liberties; (3) the requested equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of police, fire and public safety; and (4) the prior military equipment use complied with the military equipment use policy that was in effect at the time.

ADOPTED_______________, 2026 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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1 EXHIBIT 1
Qualifying Equipment Owned/Utilized by the Fremont Police Department

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 17 Lifespan: 5 years
Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses.

DJI Matrice 350: The DJI Matrice 350 (M350) is the newest generation of UAS platform with enhanced connectivity between the drone and the remote, providing increased safety and a more stable video transmission. The system has improved battery efficiency, increasing max flight time up to 55 minutes and carries an IP55 weather rating, allowing flight in inclement weather. The system integrates 6- directional sensing and positioning sensors, increasing safety during flight, and has the ability to carry up to 2.7 kg, allowing the mounting of 3rd-party cameras and enhancing situational awareness. This system can be utilized for both field deployments and/or as a Drone as First Responder (DFR).

DJI Matrice 30T: The DJI Matrice 30T (M30T) features 54 km/h wind resistance and the ability to fly in snow, heavy rain (IP55 rating), and temperatures as low as -20°C (4°F). The M30T comes with a 48MP 1/2″ CMOS sensor optical zoom camera (5-16×) optical and 200× digital zoom, a 12MP wide-angle camera, 8K photo 4K@30fps video resolution, 1920×1080@30fps FPV camera, and a laser rangefinder which can give the precise coordinates of objects up to 1,200 meters away. Additionally, the M30T features a 640×512 pixel radiometric thermal camera. Designed for harsh flight conditions, the DJI M30T features built-in advanced redundancy systems to help keep critical missions running even in unexpected scenarios. The M30T features a three-propeller Emergency Landing. In the unlikely case of a motor malfunction during flight, the M30T can make an emergency landing with just three propellers/motors. In addition to DJI’s four-antenna OcuSync 3 communication system, the M30T features an LTE/GSM link for backup transmission, allowing it to maintain a connection in complex terrain. While in FCC mode, the range is up to 15 km; in CE/SRRC/MIC modes, it is 8 km. The TB30 intelligent flight 6S battery delivers 131.6 Wh of power and provides up to 41 minutes of flight time. The expected hovering time is about 36 minutes. The smart battery pack has the following built-in safety features: Anti-Backflow, Short Circuit, Overvoltage, Overcurrent, and Temperature.

DJI Avata: The DJI Avata makes it easy to film ultra-wide 4K stabilized video indoors or outside, in and around objects. Sporting what some call a "cinewhoop" design, the Avata comes in a palm-sized form factor with all four propellers protected with attached guards. This allows for close-up filming indoors, near people, and through small openings without risking damage to people or property. If the Avata does come in contact, it can just bounce off and keep flying. For a more immersive experience with intuitive controls, you can pair the Avata with the optional Goggles 2, FPV Goggles V2, and the DJI Motion Controller.

DJI Mavic Mini 3 Pro: The tiny, lightweight DJI Mini 3 Pro weighs under 250 g and is part of DJI’s “Mini Series”. The Mini 3 Pro adds a tri-directional obstacle avoidance system, a significant improvement over its predecessors. The drone has many improved features from previous versions, including a bigger sensor – now a 1/1.3-inch CMOS chip; its lens's maximum aperture has been increased to a bright f/1.7; its video

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2 capabilities have been vastly improved; and the camera can be rotated 90 degrees, enabling the ability to capture stills and video in both landscape and portrait format.

DJI Mavic 4 (M4): The Mavic 4 is the department's next-generation UAS primarily used for field deployments. The latest version provides a safer, more reliable platform, utilizing enhanced sensing capabilities to aid in collision avoidance and ensure consistent connectivity between the UAS and the controller. The system utilizes integrated color and infrared thermal cameras to provide situational awareness, as well as an integrated laser range finder to determine distance and location. The system can also be fitted with an auxiliary light to illuminate a scene during night deployments.

DJI Mavic 3/3TD: Mavic 3 offers significantly improved imaging performance thanks to its 4/3 CMOS Hasselblad camera and 24mm-equivalent lightweight lens. It can record up to 5.1K/50fps or 4K/120fps videos. Mavic 3 Cine supports Apple ProRes 422 HQ, Apple ProRes 422, and Apple ProRes 422 LT encoding. The tele lens of the dual-camera system supports explore mode for 28x hybrid zoom, allowing to see more of the environment with ease. The flight experience has also significantly improved, with the flight time extended to 46 minutes and the hover time to 40 minutes. The incredibly stable O3+ technology enables video transmission up to 15 km and supports 1080p/60fps real-time transmission.

The DJI Mavic 3 is equipped with an omnidirectional obstacle-sensing system, in which multiple wide- angle vision sensors onboard work together seamlessly with a high-performance vision computing engine to precisely detect obstacles in all directions and plan a safe flight route that avoids them. The Mavic 3TD can be integrated with the DJI Box 2, providing secure housing for the UAS, wireless charging, and the ability to launch from a fixed location using DFR.

DJI Phantom 4 Pro: The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time-of-Flight range imaging cameras, providing 5-directional obstacle sensing with a range of up to 30m in all directions.

The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) and the ability to switch between 2.4 GHz and 5.8 GHz. The aircraft’s Intelligent Flight Battery also has an increased capacity of 520mAh, enabling an extended flight time of 30 minutes.

DJI Mavic 2 Enterprise: The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3" 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30 fps, as well as thermal images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports the OcuSync 2.0 video transmission system. Additionally, there are three modular accessories: a spotlight, a speaker, and a beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic 2 Zoom: The Mavic 2 Zoom features a 24-48mm 2x optical zoom camera with 1/2.3" 12MP sensor and a 4x lossless zoom (including 2x optical zoom). The Mavic 2 Zoom utilizes a low-drag, aerodynamic body design to achieve speeds up to 44.7 mph, a four-cell LiPo battery for up to 31 minutes

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3 of flight time, and low-noise propellers for filming without being distracting. The Mavic 2 Zoom also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories: a spotlight, a speaker, and a beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic Mini: The Mavic Mini from DJI is a compact drone weighing in at under 9 oz. The Mavic Mini has a 3-axis gimbal and sophisticated flight modes that can achieve up to 12MP images, 2.7K Quad HD videos, and complex cinematic shots with access to the DJI Fly app. The Mini drone features up to 30 minutes of flight time on a full battery charge.

DJI Mavic Enterprise 2 Advanced: The Mavic 2 Enterprise Advanced features a 35 mm format camera with a 48 MP visual camera and high-resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30 fps, as well as thermal images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. Additionally, there are three modular accessories: a spotlight, a speaker, and a beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

Purpose/Authorized Uses: Unmanned aerial systems may be utilized through field deployment and Drone as First Responder (DFR) operations to enhance the department’s mission of protecting lives and property when other means and resources are unavailable or less effective. Field deployed UAS are deployed “in the field” at or near the scene of incidents, while DFR utilizes UAS deployed from a fixed location, enabling a faster UAS response to qualifying calls. Since the development of the City of Fremont Public Safety UAS program in 2017, the Fremont Fire Department and the Fremont Police Department have supported each other in UAS operations and will continue to do so. Any use of a UAS will be in strict accord ance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Fiscal Impacts: Costs associated with the replacement/repair of equipment ~ $5,000; the price of the UAV depends on the specific model. The most expensive UAV is the Matrice 30T, priced at $14,000. The allotted annual fiscal budget is $50,000, which includes software, UAVs, Training budget, and a built-in overtime budget.

Legal/Procedural Rules Governing Use: The use of the UAV complies with the Fremont Police Department Unmanned Aerial Systems (UAS) Policy 614 and Federal Aviation Administration (FAA) Regulations.

Training Required: Basic in-house training course of 16 hours, bi-annual training for 8 hours, and mandatory 1 hour of flight time per month to stay current for proficiency.

Other: UAVs consistently improve and advance from year to year. There may be times when equipment becomes available that is imperative for the fleet to operate successfully, while old technology becomes obsolete.

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Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
4 Equipment Name: City of Fremont- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle provides mobile, remote access to radio, internet, planning, and operational resources to support command and control of major incidents and other planned operations. The vehicle can also dispatch officers and firefighters and receive 9-1-1 calls.

Manufacture Product Description: The City of Fremont- Mobile Command Vehicle was built in conjunction with the Fremont Fire and Fremont Police Departments as a unified command vehicle, but can also alternate between fire-specific and police specific missions. The vehicle was custom-built by Pierce Manufacturing in Appleton, Wisconsin, in 2013. The vehicle has a fire truck chassis.

Purpose/Authorized Uses: The MCV can be deployed for any fire and/or police incidents for which it would be beneficial.

Fiscal Impacts: The initial costs of the MCV were approximately $1.2 million, subsidized by UASI (Urban Areas Security Initiative) grants from the US Department of Homeland Security. The annual upkeep for the vehicle is approximately $5000.

Legal/Procedural Rules Governing Use: Fremont Police Department Lexipol policy 802.8.1 permits the use of the MCV to restore 9-1-1 call processing. A Class B license is required to drive the vehicle.

Training Required: A Class B license is required to drive the vehicle. There are 2 Special Response Team (SRT) members who are assigned to the vehicle during operations facilitate its operation.

Other: The MCV is not a tactical vehicle but rather a multi-purpose vehicle that facilitates command and control during field incidents for both the Fremont Fire Department and the Fremont Police Department by providing intelligence assets. The vehicle has no armor, nor is it deployed in a manner suitable for use. The vehicle is to be deployed at the periphery of a tactical incident if one arises.

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Packet Pg. 131
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
5 Equipment Name: Lenco BearCat G2-CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle is equipped with emergency lights/sirens, rotating roof hatch, electric winches, running boards, protection against chemical agents, backup camera, battering ram attachment, CS (tear gas) deployment nozzle, Thermal cameras, and spot/floodlights. The vehicle is armored with 0.5 – 1.5” thick steel and ballistic windows rated to stop a 0.50 caliber bullet.

Manufacture Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD, and hundreds of Federal, State, and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose/Authorized Uses: The Bearcat is primarily used for Special Weapons and Tactics Team (SWAT) incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.

Fiscal Impacts: The cost of the Bearcat was approximately $323,726, purchased through a UASI (Urban Areas Security Initiative) grant from the US Department of Homeland Security.

Legal/Procedural Rules Governing Use: The use of the Lenco Bearcat G2 is governed by the Fremont Police Department Policy 704.

Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use.

Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, the rules of the road, and basic electronic and mechanical functions of the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise.

Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.

The SWAT Commander or their designee is responsible for training officers in proper use and driving techniques, and for ensuring the vehicle is properly serviced and maintained.

Other: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community.

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Packet Pg. 132
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
6 Equipment Name: Lenco BearCat/MedEvac- CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: 15 years
Equipment Capabilities: The BearCat/MedEvac is also referred to as the MedCat. The vehicle is equipped with two medical litters, oxygen tanks, a lighted workstation, and compartments for medical supplies and gear. The vehicle has 0.5 to 1.5” steel and bullet-resistant windows.

There is also a nozzle with a water connector in case it is needed for fire suppression.

Manufacture Product Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical EMS Teams. This BearCat model can be used as an armored Response & Rescue SWAT truck for dangerous call-outs and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases.

The Law Enforcement variant of the MedCat comes standard with (2) tactical litters secured to extended bench seating. There are on-board Oxygen tanks, a lighted workstation, a radio compartment workstation, and ample interior compartments for medical supplies & gear storage.

Purpose/Authorized Uses: The MedEvac is primarily used by the Tactical Emergency Medicine (TEMS) component of the Special Weapons and Tactics Team (SWAT) to provide emergency medical staff, equipment, and other rescue capabilities during high-risk operations. The MedEvac may also be utilized in a manner consistent with authorized use of the Bearcat. The MedEvac may be used in other situations deemed appropriate and approved by the SWAT Commander, Division Commander, or Chief of Police.

The purpose and intent of the acquisition and deployment of this vehicle is to enhance and sustain regional preparedness for first responders in major urban areas by enabling the delivery of emergency medical services in ongoing hazardous situations. This will allow law enforcement, fire service staff, and medical personnel to safely enter unsecured and unstable areas (warm or hot zones). This vehicle will assist in providing immediate medical assistance, enhance first responders' ability to rescue people in need, and help protect them at the scene of an emergency.

Fiscal Impacts: The MedEvac is a Bay Area regional asset and was acquired through a joint cooperative effort between the Fremont Police Department and the San Leandro Police Department with financial assistance from Cal OES Governor’s Office of Emergency Services (Homeland Security Grant Program).

The approximate price is $300,000.

Legal/Procedural Rules Governing Use: The use of the MedEvac is governed by the Fremont Police Department Lexipol Policy 704.

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Packet Pg. 133
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
7 Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use.

The SWAT Commander or their designee is responsible for training officers in proper use and driving techniques, and for ensuring the vehicle is properly serviced and maintained.

Other: The City of Fremont Police Department shares responsibility for the MedEvac with the City of San Leandro Police Department. A Memorandum of Understanding (MOU) has been established between the two agencies. The MOU outlines deployment responsibilities, ongoing maintenance and repair obligations, notification procedures, and conflict resolution options. Both agencies agreed, jointly and separately, to abide by the terms and provisions of the MOU and their respective departmental policies during the MOU's existence. The MedEvac is housed by default at the San Leandro Police Department.

2.D.b
Packet Pg. 134
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
8 Equipment Name: Ford Transit-350 Crew - CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 5 – 10 years
Equipment Capabilities: The Ford Van has storage space for the Hostage Negotiations Team (HNT), including battery storage and the throw phone. There is a large battery and a power inverter to assist in maintaining electronic equipment used to establish and maintain communications with tactical operations and/or tactical negotiations.

Manufacture Product Description: There is no manufacturer's product description as this was a unique vehicle made specifically for HNT on a Ford Transit 350 chassis.

Purpose/Authorized Uses: The HNT vehicle can be deployed for any or police incidents, as deemed beneficial.

Fiscal Impacts: Approximately $50,000
Legal/Procedural Rules Governing Use: The use of the vehicle is reserved for HNT personnel and is governed by Fremont Police Department Lexipol Policy 407.8 and the department fleet guidelines (Policy 705).

Training Required: The training for this vehicle is governed by Lexipol Policy 407.8.2.

Other: Not Applicable

2.D.b
Packet Pg. 135
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
9 Equipment Name: Icor Caliber T5 Robot- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 1 Lifespan: 10 years
Equipment Capabilities: Command and Control Unit (CCU) with multi-function control and variable- speed joystick, Two-way communication (talk/listen), lifts up to 45 lbs (20kg) arm retracted and 18 (8kg) arm extended, 360 degree rotating robotic claw with color charge-coupled device camera on telescoping arm, 36x optical zoom pan-tilt-zoom color camera.

Manufacture Product Description: The Icor Caliber T5 Robot is a medium-sized robot designed for remote handling, rendering safe procedures for IEDDs and other explosive ordnance, reconnaissance missions, two-way communication, and delivery/retrieval tasks.

The T5 is uniquely equipped with two robotic arms (a heavy-duty robotic claw and twin-disruptor turret).

Purpose/Authorized Uses: Used to assist Fremont Police Department SRT Operators with inspecting suspicious packages, thus rendering them safe, clearing residences and/or businesses during tactical operations, assisting officers and the community by clearing potentially dangerous buildings during tactical situations.

Fiscal Impacts: Initial purchase of $67000
Legal/Procedural Rules Governing Use: The use of the robot is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: One-day course in Robot Operation and Maintenance as well as access to a virtual training portal.

Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only team members properly trained and certified to use the special equipment utilize it.

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Packet Pg. 136
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
10 Equipment Name: Defense Technologies Low Roll 12-gram non-reloadable distraction device with safety clip (model: 8902NR)- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 48 Lifespan: 5 years
Equipment Capabilities: This device is used to create a diversion during critical incidents. The device explodes with a loud bang and emits a bright light made to disorient the suspect(s).

Manufacture Product Description: The Tactical Diversionary Device uses an M201A1-type fuse in a single-use aluminum body. This compact unit is designed around a 6.5-gram water-resistant charge, capable of producing an effective, yet reduced 162dB stimulus. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate deployment area be visually confirmed to be clear of personnel and that the device be delivered so that the ports are free of obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5-6 feet around the area where the device is expected to come to rest.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient suspects.

Fiscal Impacts: $51 each
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only team members properly trained and certified to use the special equipment utilize it.

2.D.b
Packet Pg. 137
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
11 Equipment Name: Deftech LMT 40 mm kinetic energy projectiles with 40mm projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought: 110 Lifespan: 10 years
Equipment Capabilities: This department is committed to reducing the potential for violent confrontations. Kinetic-energy projectiles, when used properly, are less likely to cause death or serious physical injury and can be used to de-escalate a potentially deadly situation.

Department-approved kinetic energy projectiles are fired from 40 mm launchers.

Manufacture Product Description: The 40LMTS is a tactical single-shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose/Authorized Uses: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of his/her duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals, and the use of deadly force can be forestalled.

The Kinetic Energy Projectile shall be used with discretion and care in circumstances that permit the lawful use of lethal or less lethal force.

Fiscal Impacts: $809.75 per 40mm launcher and $18.35 per 40mm projectile Legal/Procedural Rules Governing Use: The use of a 40mm kinetic energy projectile is governed by the Fremont Police Department Policy 305.9.

Training Required: The Training Sergeant shall ensure that all personnel authorized to carry a control device have been properly trained and certified to carry the specific device, and are retrained or recertified as necessary.

Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.

All training and proficiency for control devices will be documented in the officer's training file.

Other: The SWAT Unit vehicles, each patrol supervisor's vehicle, and most patrol vehicles are equipped with a launcher for delivering the Kinetic Energy Projectile. The Kinetic Energy Projectile will be used only by a supervisor or officer trained to use the appropriate delivery system.

2.D.b
Packet Pg. 138
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
12 Equipment Name: Remington Breaching Shotgun (Model 870, 12 Gauge)- - CA Gov’t Code § 7070 (c)(8)
Quantity Owned/Sought: 25 Lifespan: 15-20 years
Equipment Capabilities: To quickly force entry through locked and/or barricaded doors, the Department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges.

Manufacture Product Description: From Remington Arms: Starting with a receiver machined from an 81/2-pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation.

Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters, and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time.

Purpose/Authorized Uses: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or a delayed response would jeopardize the safety of citizens, officers, or suspect(s).

Fiscal Impacts: $500 each
Legal/Procedural Rules Governing Use: Use of the breaching shotgun is governed by Fremont Police Department Policy 301.

Training Required: The training for the use of the breaching shotgun is governed by the Fremont Police Department Lexipol Policy 301.2.2, which states: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun, and the Use of Force policy are authorized to carry the device. Training for the breaching shotgun shall occur annually. All training and proficiency for the breaching shotgun will be documented in the officer's training record. Officers who fail to demonstrate proficiency with the weapon or knowledge of the Use of Force policy will be provided with remedial training.

Other: Breaching shotguns will be stored in the locked trunks or locked storage cabinets of all patrol supervisors and School Resource Officer vehicles. They may be stored in the same case as the less- lethal weapons; however, the breaching shotgun shall be placed under the less-lethal weapons and separated by a partition that must be specifically removed to retrieve the breaching shotgun.

2.D.b
Packet Pg. 139
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
13 Equipment Name: Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out Rifle and Ammunition- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Virtus Rifle is a semi-automatic rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine-fed, gas-operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal, and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST-certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other: These specific rifles are assigned to the Fremont Police Department Detectives

2.D.b
Packet Pg. 140
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
14 Equipment Name: Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, and a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 27 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a

5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine-fed, gas-operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Other: These specific rifles are assigned to the Fremont Police Department- Special Response Team.

2.D.b
Packet Pg. 141
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
15 Equipment Name: Rock River Arms, LAR-15- CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Rock River Arms, LAR-15, is a .223 caliber, 10.5”-barrel rifle with a "safe/semi" selector switch.

Manufacture Product Description: The Rock River Rams is a magazine-fed, gas-operated rifle available in .223 Caliber.

Other: These specific rifles are assigned to the Fremont Police Department- Detectives.

2.D.b
Packet Pg. 142
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
16 Equipment Name: PepperBall VKS launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 24 Lifespan: 10 years
Equipment Capabilities: The VKS Pepper Ball launcher is semi-automatic and holds 10-15 pepper balls in a single magazine. Utilizing a Variable Kinetic System (VKS) and compressed air, it can launch non- lethal Pepper Ball projectiles up to 66 feet with regular rounds and up to 150 feet away with the VXR long-distance projectiles. Upon impact, the exploding ball releases a 12-foot cloud of pepper spray irritant.

Manufacture Product Description: The VKS™ Launcher is the strongest non-lethal consumer device available from PepperBall. It requires no license to own and fires powerful pepper-irritant projectiles.

With the same look, feel, and fire control system as an AR-15/M-4 carbine, it, when used with VXR projectiles (not included), has an effective, accurate range of up to 150 feet.

Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Fiscal Impacts: Approximately $1,200 per unit
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by the Fremont Police Department Control Devices and Techniques Policy 305.7.2.

Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Control Devices and Techniques Policy 305.10, which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.

Other: Not Applicable

2.D.b
Packet Pg. 143
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
17 Equipment Name: Defense Technologies CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Pocket Tactical CS (part #1016)- 20
Spede Heat CS (part #1072)- 20
40mm Ferret Round CS (part #2262)- 69
Tri-chamber flameless CS (part #1032)- 20
Triple Chaser CS (part #1026)- 44
Han-ball CS (part #1092)- 0
75-yard 40mm Spede heat (part #6282)- 24
Lifespan: 10 years
Equipment Capabilities: The use of OC/CS gas causes mucous membranes and exposed skin to become inflamed, resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin.

Manufacture Product Description:

The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn for approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches.

This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches long, it produces a smoke cloud so quickly that it appears to be an enveloping screen from a full-size tactical grenade.

The Spede-Heat™ CS Grenade: a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately

2.9 oz. of active agent.

The Ferret® 40mm Round: non-burning and suitable for indoor use. Primarily used by tactical teams, it is designed to penetrate barriers such as windows, hollow-core doors, wallboard, and thin plywood.

Upon impact with the barrier, the nose cone ruptures and instantly delivers a small chemical payload into a structure or vehicle.

In tactical deployments, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Tri-Chamber Flameless CS Grenade: allows the contents to burn within an internal can, dispersing the agent safely while reducing the risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately 0.70 oz. of agent during its 20-25-second burn time. The Tri-Chamber Flameless Grenade can be used for crowd control and tactical deployment by Law Enforcement and Corrections, but was designed with barricade situations in mind. Its applications in tactical situations are primarily to detect and/or

2.D.b
Packet Pg. 144
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
18 dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade offers the option to deliver a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness through heat and vaporization while minimizing or eliminating the risk of fire to the structure.

The Triple-Chaser® CS: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand-thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

The Han-Ball™ CS Grenade: an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball is 4.8 in. tall, including the fuse head, and 3.1 in. in diameter. This launchable grenade holds approximately 1.6 oz. of active agent, which is expelled through three ports around the equator of the ball. Due to the intense heat generated by this grenade, it should not be used inside a building or near flammable material.

The Spede-Heat™ 40mm Short Range CS Round: incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher to the intended target zone at 75 yards.

The Spede-Heat™ 40mm Short Range CS Round is most widely used as a crowd management tool by Law Enforcement and Corrections for the rapid deployment of a chemical agent from a 40mm launcher.

Purpose/Authorized Uses: Utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects.

Fiscal Impacts: Approximately $7500
Legal/Procedural Rules Governing Use: The use of this equipment is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: Specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only team members properly trained and certified to use the special equipment utilize it.

2.D.b
Packet Pg. 145
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
19 Equipment Name: Defense Technologies flashbang systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:
100 Meter 40mm Aerial Flashbang- 24
75 Meter 40mm Aerial Flashbang- 6
Lifespan: 10 years
Equipment Capabilities: This device is used to create a diversion during critical incidents. The device explodes with a loud bang and emits a bright light made to disorient the suspect(s). These particular variants can be deployed from a 40mm launcher.

Manufacture Product Description: The 40 mm Warning/Signaling Munition will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 to 75 meters.

Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles, or vessels from a safe stand-off position. In open waters, the flash and sound are easily observable at great distances.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient and illuminate suspects.

Fiscal Impacts: Approximately $700
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

2.D.b
Packet Pg. 146
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
20 Equipment Name: Combined Tactical Systems (CTS) CS Gas Systems – CA Gov’t Code § 7070 (c)(13) Quantity Owned/Sought: 30 Lifespan: 5 years
Equipment Capabilities: The use of CS gas causes mucous membranes and exposed skin to become inflamed, resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin.

Manufacture Product Description: CS Baffled Canister Grenade, Pyrotechnic, Low Flame Potential:
allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a dangerous barricaded subject. The purpose of the CS Baffled Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The CS Baffled Canister enables delivery of a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness through heat and vaporization while minimizing or eliminating the risk of fire to the structure. This device is specifically approved by the manufacturer for launchable delivery, meaning it can be thrown or launched into a structure without damaging the canister. This increases the safety of the personnel deploying it and further reduces the chance of fire. This differs from other products in its category.

Purpose/Authorized Uses: Utilized primarily during dangerous barricaded suspect incidents, and also as a less lethal option to assist with the dispersal of a riot and/or arrest of dangerous suspects.

Fiscal Impacts: Approximately $1,514
Legal/Procedural Rules Governing Use: The use of this equipment is governed by Fremont Police Department Policy 305.

Training Required: Specialized training as deemed by the SRT Commander.

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Packet Pg. 147
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

Council Approval Date: 05/06/2025
21 Equipment Name: Long Range Acoustic Device (LRAD) – CA Gov’t Code § 7070 (c)(13)

Quantity Owned/Sought: 1 Lifespan: 15 years
Equipment Capabilities: The Long-Range Acoustic Device (LRAD) is an audible broadcast system. It can be mounted on a vehicle or tripod and can broadcast real-time voice commands, pre-recorded voice commands/public safety messages, and emergency alert tones.

Manufacture Product Description: Broadcasting highly intelligible voice communications and attention-commanding alert tones, LRAD systems ensure law enforcement’s warnings, commands, and notifications are clearly heard and understood in every operational situation. Rugged, reliable, and easy to operate, LRAD safeguards the public, protects police officers, resolves certain situations, and saves lives.

The LRAD is an audible broadcast system. It can be mounted on a vehicle or tripod and can broadcast real-time voice commands, pre-recorded voice commands/public safety messages, and emergency alert tones. The broadcast direction, degree of focus, and decibel level are adjustable based on the situation. LRAD devices are used by law enforcement agencies for a variety of purposes, including special-event communication, tactical operations, search-and-rescue, and evacuation notifications.

Purpose/Authorized Uses: LRAD devices are used by law enforcement agencies for a variety of purposes, including special-event communication, public announcements, tactical operations, search- and-rescue, and evacuation notifications.

Fiscal Impacts: Approximately $29,841
Legal/Procedural Rules Governing Use: The use of this equipment will be governed by a Fremont Police Department Policy.

Training Required: Specialized training as deemed by the SRT Commander.

Other: The SRT Commander will ensure that only employees properly trained to use the special equipment use it, in keeping with Department policy and law.

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Packet Pg. 148
Attachment: Exhibit 1 for Military Equipment Policy-2026 (5701 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont Police Department
April 2025 - March 2026
Annual California Designated
Military Equipment Use Report

INSIDE THIS REPORT

• Our Mission, Vision, and Values ..………………………………………………………………………………………………… 2 • Preface ………………………………………………………………………………………………………………………………………... 3 • Background: Assembly Bill 481 ……………….…………………………………………………………………………………… 4 • Summary and Quantity of Military Equipment ………………………………………………………………..…………… 5 • Military Equipment Use ……………………………………………………………………………………………………………. 6-8 • Summary of Complaints ...………………………………………………………………………………………………..………….. 9 • Summary and Responses to Military Equipment Policy Use Violations ….……………...………………..…. 10 • Fiscal Impact ..…..………………………………………………………………………………………………………………….…… 11 • Training Summary and Costs ……………………………………………………………………………….…………………….. 12 • Equipment Costs ………………………………………………………………………………………………………………………. 13 • Projected Acquisitions ………………………………………..……………………………………………………………………….14 • Conclusion …………………………………………………………………………………………………………….………………….. 15 2000 Stevenson Blvd.

Fremont, CA 94538
www.fremontpolice.gov

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Attachment: April 2025 - March 2026 Annual Military Equipment Use Report (5701 : MILITARY EQUIPMENT ANNUAL REPORT)

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Fremont City CouncilMay 5, 2026

Fremont City Council
May 5, 2026