Chapter 18.255 — PERFORMANCE STANDARDS AND ENVIRONMENTAL STUDIES PROCEDURES

Sections:

18.255.010 Purpose. 18.255.020 Supplemental application. 18.255.030 Submission of plan of operation. 18.255.040 Report by expert consultants. 18.255.050 Review by approval authority. 18.255.060 Issuance of permit. 18.255.070 Continued enforcement and mitigation monitoring. 18.255.080 Efective date – Appeals. 18.255.090 Revocation and expiration of performance standards review. 18.255.100 Amendments to performance standards review.

To establish a procedure for review of uses subject to Section 18.50.040 (Performance standards) and/or for completion of environmental review required for compliance with the California Environmental Quality Act (CEQA) or other applicable environmental regulations. (Ord. 9-2014 § 36, 3-4-14.)

If the city receives an application for any permit where conformance of the proposed development with the performance standards set forth in Section 18.50.040 is not readily determinable from the application materials presented to the city, or where environmental studies must be completed to comply with CEQA, the application shall be subject to the procedures specified by this chapter, and a supplemental application shall be submitted to the zoning administrator on a form prescribed by the city. (Ord. 9-2014 § 36, 3-4-14.)

The applicant shall submit a plan of operation for the proposed use, including a description of the proposed machinery, processes, and products, and the specific mechanisms and techniques to be used to meet the performance standards set forth in Section 18.50.040, restrict the emission of dangerous or objectionable elements, and ensure that the proposed use does not constitute a public nuisance. For environmental review purposes, the plan of operation may also include such elements as number of employees, hours of operation, number of deliveries, and other information as may be required on the application form prescribed by the city or reasonably requested by the zoning administrator. (Ord. 9-2014 § 36, 3-4-14.)

If, in the opinion of the zoning administrator, the proposed use or project proposal may cause a potential environmental impact or exceed the performance standards set forth in Section 18.50.040, the staff may so advise the applicant and obtain an estimate of the cost of retaining one or more expert consultants, qualified to conduct studies and/or advise as to whether the proposed project will have a potentially significant effect on the environment and conform to the performance standards set forth in Section 18.50.040. The applicant shall be required to deposit the estimated consultant costs with the city, and such consultants shall be retained to prepare the required investigation(s) and report(s). A copy of the consultant’s report shall be furnished to the applicant upon completion. (Ord. 9-2014 § 36, 3-4-14.)

After the approval authority has received the application and any consultant’s reports, the approval authority shall determine whether the proposed use will conform to the applicable performance standards, and on such basis shall issue or refuse to issue the permit or require a modification of the proposed plan of operations. If environmental review of the project is required pursuant to the California Environmental Quality Act, the application and consultants’ reports shall be utilized to determine the appropriate environmental document and required mitigation measures, if any. (Ord. 9-2014 § 36, 3-4-14.)

Any permit issued based upon performance standards review shall be conditioned upon the applicant’s buildings, installations, and operations conforming to the applicable performance standards and mitigation measures. (Ord. 9-2014 § 36, 3-4-14.)

The building inspector or community preservation officer shall investigate any purported violation of performance standards or noncompliance with mitigation measures, and, if a violation is found to exist, shall notify the property owner and the business owner regarding the need to implement corrective measures. Failure to implement corrective measures or to comply with adopted performance standards or to implement adopted mitigation measures is a violation of this title. (Ord. 9-2014 § 36, 3-4-14.)

The decision of the approval authority with regard to performance standards review shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. (Ord. 9-2014 § 36, 3-4-14.)

Revocation and expiration of performance standards review shall be subject to the procedures described in Chapter 18.330. (Ord. 9-2014 § 36, 3-414.)

Amendments to approved performance standards review shall be subject to the same application and review requirements as a new performance standards review application. (Ord. 9-2014 § 36, 3-4-14.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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