Chapter 18.47 — DOWNTOWN (“D”) DISTRICT

Sections:

18.47.010 Incorporation of downtown community plan, fndings and purpose.

18.47.020 Regulations generally.

18.47.030 Lot standards for the D district, generally.

18.47.040 D district “place-type” zones.

18.47.050 Permitted, conditionally permitted, and prohibited uses.

18.47.060 Reserved.

18.47.070 Downtown design review permit.

18.47.080 D district site development standards.

18.47.090 Other required conditions.

18.47.100 Special required parking spaces by type of use.

18.47.110 Other downtown parking requirements and parking credits.

18.47.120 Downtown art program.

(a) The downtown district (D) is established to implement the downtown community plan and design guidelines (“DCP”), which is incorporated herein by reference. The DCP is a comprehensive, long-term planning document for the downtown district, intended to facilitate the creation of a vibrant, urban, mixed-use district within the center of the city to provide distinctive retail opportunities, housing, offices, civic plazas, entertainment and cultural art venues, an art program, and consolidated city government offices. The DCP includes architectural and design guidelines, site development standards, street sections and streetscape design standards, planned public spaces and other facilities which will be implemented through zoning and subdivision regulations, public and private improvements, and an economic development strategy.

(b) The city council finds that implementation of the DCP will create employment, retail, and housing opportunities in an urban setting and will provide a center for social interaction for residents of the city; will contribute positively to the city’s community character and regional prominence; and is in accordance with the city’s general plan goal to promote strategically urban growth and sustainable development.

(c) It is the purpose of the provisions of this chapter to: (1) protect and promote the public health, safety, peace, comfort and general welfare; and (2) define development procedures and administrative requirements to obtain the objectives of the DCP. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8- 211100.)

(a) The regulations contained in this chapter shall apply in the D district, in conjunction with the standards, guidelines, and improvement plans contained in the DCP document. In the event of any inconsistencies between the standards set forth in this chapter and the DCP, the provisions of this chapter shall control.

(b) Whenever this chapter does not provide specific standards or procedures for the review, approval, or administration of development projects within the D district, or for appeals concerning approvals or administration of development projects, the standards and procedures in this title generally shall apply. Exceptions to the regulations of this chapter are described in Chapter 18.170.

(c) The owner or occupant of land or buildings used for any purpose in the D district shall provide the facilities as required by and which conform with the regulations set forth in this chapter and the DCP; provided, however, that buildings, structures or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions hereof shall be deemed legally nonconforming and subject to the provisions of Chapter 18.180, Nonconforming Uses.

(d) The subsequent rezoning to a planned district (P) zone is prohibited within the D district. (Ord. 20-2012 § 3, 10-2-12; Ord. 04-2016 § 13, 3-1-16. 1990 Code § 8-211101.)

(a) Lot area: one acre.

(b) Street frontage: 200-foot minimum. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211102.)

The D district is divided into four “place-type” zones to further refine development requirements within the DCP area:

(a) Capitol Avenue zone (D-CA): the “main street” and downtown spine, generally defined as the area along either side of Capital Avenue from property line to 50 feet back;

(b) Edge zone (D-E): larger-scaled redevelopment potential, generally defined as the area along the outside boundary of the D district from property line to 100 feet back;

(c) Civic center zone (D-CC): the city center and civic heart of Fremont; and

(d) Mid zone (D-MD): the remaining areas that knit the district together. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211103.)

(a) Use Table. Table 18.47.050 sets forth those uses which are permitted, conditionally permitted, or prohibited in each of the D district place-type zones.

(1) Permitted (P). A use shown with “P” in the table is allowed subject to compliance with all applicable provisions of the D district and of this chapter. New construction, changes to the exterior of buildings, or other site modification shall be in accordance with subsection (d) of this section, Requirements for New Construction.

(2) Zoning Administrator Permit (Z). A use shown with “Z” in the table requires the approval of a zoning administrator permit, in accordance with the provisions of Chapter 18.275, Zoning Administrator Permits. If there is an existing valid zoning administrator permit for a use, and no new construction or expansion is proposed, then such use may be conducted without requiring another zoning administrator permit.

(3) Conditional Use Permit (C). A use shown with “C” requires approval of a conditional use permit, in accordance with the provisions of Chapter 18.230, Conditional Use Permits. If there is an existing valid conditional use permit, and no new construction or expansion is proposed, then such use may be conducted without requiring another conditional use permit.

• (4) Prohibited (- -). A use shown with “- -” in the table is prohibited.

(5) Qualified Prohibition (- -*). When a development project with a permitted use in the Capitol Avenue zone or edge zone continues into the mid zone, the use will be allowed in the mid zone as part of the overall project, even though it would be prohibited if it were a “stand-alone” project.

• (6) Upper floor only (“UFO”) use restriction applies.

(7) Permitted in Limited Concentration (L). Ground floor uses in the downtown district are primarily limited to active uses that contribute to a vibrant, pedestrian-oriented environment, as envisioned in the downtown community plan. Several categories of uses that are not traditionally considered active uses but contribute to the commercial viability of the downtown environment are allowed in limited quantities to prevent overconcentration. A use designated as limited (“L”) in Table 18.47.050 is permitted on the ground floor when the aggregate ground floor square footage of all L-designated uses does not exceed 20 percent of the total leasable commercial ground foor area of the building in which the use is located. When the building is part of a group of buildings planned, developed, and managed as a unit, the 20 percent limit shall be calculated based on the leasable commercial ground foor area of the entire development. L-designated uses located on the ground floor shall be subject to the storefront review requirements provided in Section 18.190.525. L-designated uses are permitted on upper floors. The ground floor restrictions do not apply to upper floors.

(b) Compliance. It is a violation of this chapter to do any of the following:

(1) Engage in a prohibited use;

(2) Engage in a use requiring a permit without first obtaining that permit;

(3) Engage in a use that is conditional without complying with the imposed conditions.

(c) Order of Priority. When a parcel runs through more than one place-type zone, its land use shall be determined as follows: D-CA shall take priority over D-MD or D-E; D-E shall take priority over D-MD.

(d) Requirements for New Construction. All permitted uses that require no new construction or additions or changes to the exterior of the building may be conducted within existing enclosed buildings. All changes to the exterior of a building for either approved or permitted uses, new construction, site improvements, or additions to an existing building shall require a design review permit.

(e) Change of Nonconforming Residential Use. Any change from an existing nonconforming residential use to a nonresidential use is subject to the design review process in Chapter 18.235.

(f) Conversion of Nonconforming Structure to Residential Use. The conversion of the use of a nonconforming structure to a residential use requires a conditional use permit. The findings required to approve a conditional use permit under this subsection are:

(1) That the use of the nonconforming structure for residential purposes is desirable because it will further the goals of the DCP; and

(2) That the use of the nonconforming structure for residential purposes will not preclude or impede the future ability of the owner of the structure to reconstruct or modify it to achieve conformity with the D district requirements.

Table 18.47.050

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

1 This term is defined in Chapter 18.25.

2 When this column includes a number, the use is elaborated upon in the North American Industrial Classification System (NAICS) Manual. When the NAICS number is shown within parentheses, the use is excluded and prohibited.

3 A storefront review certificate or discretionary design review permit is required under Section 18.190.525.

4 A home occupation permit is required in accordance with Section 18.190.240.

(Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14; Ord. 16-2015 § 32, 6-2-15; Ord. 24-2015 § 4, 12-15-15; Ord. 04-2016 § 14 (Att. 3), 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 16, 9-13-16; Ord. 27-2016 § 11, 12-6-16; Ord. 09-2017 § 5, 6-6-17; Ord. 23-2018 §§ 7, 10, 10-2-18; Ord. 02-2020 § 11, 1-14-20; Ord. 09-2021 § 1, 7-20-21; Ord. 07-2023 § 15, 12-5-23. 1990 Code § 8-211104.)

Repealed by Ord. 04-2016. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14. 1990 Code § 8-211105.)

(a) Purpose. The purpose of a design review permit is to ensure that the dimensions, colors, materials, architectural elevations, design and placement of the physical characteristics of a project are in compliance with the design requirements described in the DCP, as well as the general regulations of this code. The procedures identified in this section shall be used in conjunction with the general requirements and procedures identified in this title, including requirements and procedures for notification, appeals, conditions of approval, modifications, expirations, extensions, revocation and infractions.

(b) When Required. A design review permit approval, following the procedures and requirements set forth in Chapter 18.235 (Design Review Permits), is required before any building, structure, site development plan or parking facility is submitted for building permit review. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2014 § 9, 3-4-14; Ord. 04-2016 § 16, 3-1-16. 1990 Code § 8-211106.)

(a) New development, redevelopment, expansions and additions shall conform to the regulations set forth in Table 18.47.080. For commercial uses, intensity is measured in terms of foor area ratio (FAR). For residential and mixed uses, density is measured in terms of dwelling units per net acre (du/ac).

(b) For decreases to the minimum foor area ratios prescribed in Table 18.47.080, the approval authority must make either of the following findings:

(1) For projects along Capitol Avenue, the retail intent of the downtown community plan is achieved; or

(2) For projects located other than along Capitol Avenue, it can be demonstrated through development of a phased master plan that subsequent development can be accommodated on the site to achieve the minimum foor area ratio at some reasonable future date, and that each phase of development does not unduly burden the implementation of subsequent development.

(c) For decreases in the minimum density prescribed in Table 18.47.080, the approval authority must make the following findings:

(1) The project is located on a priority private development site, as defined by the downtown community plan in Exhibit 5.5 of Section 5.2, and will serve as a catalyst for the implementation of the plan, with project-specific qualities and characteristics that provide evidence of the project’s potential to draw additional development to the area immediately surrounding the project site, such that an exception to the minimum density requirement will further the goals and objectives of the plan notwithstanding the loss of residential density at the project site;

(2) The project includes architectural design features that meet or exceed the design standards applicable to the project site as set forth in the downtown community plan.

(d) For deviations from the building setback, parking and circulation, or street wall frontage requirements prescribed in Table 18.47.080, the approval authority must make a finding that the proposed deviation will not interfere with or obstruct the intended urban and pedestrian-friendly environment created by an activated public realm.

Table 18.47.080

Required Site Development Standards for D District Place-Type Zones

(Ord. 20-2012 § 3, 10-2-12; Ord. 9-2013 § 1, 9-10-13; Ord. 20-2014 § 1, 6-3-14; Ord. 04-2016 § 17, 3-1-16; Ord. 27-2016 § 12, 12-6-16; Ord. 23-2018 § 11, 10-2-18; Ord. 05-2022 § 1, 5-17-22; Ord. 07-2023 § 16, 12-5-23. 1990 Code § 8-211107.)

The following additional conditions shall apply in the D district:

(a) All yards which may be required by a design review permit shall be landscaped.

(b) Other than public or private street lights, exterior lighting shall be diffused or concealed, in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties or streets.

(c) Mixed-use development2:

(1) Shall be designed as a complementary mix of residential and commercial uses in conformance with the permitted and conditionally permitted uses allowed by each place-type zone.

(2) Specific uses are prohibited as set forth in Section 18.177.010(a)(3), regardless of place-type designation.

(3) 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.

(4) Commercial space shall be designed on the ground floor to meet the minimum ceiling height and foor 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 than minimizes disturbance to residents.

(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 Open Space. Each unit shall have at least one private open space area contiguous to the individual dwelling unit that allows the occupant of the unit private use of an outdoor space, except that no private open space area shall be required for an individual dwelling unit within the D-CA. Unless otherwise specified through the design review permit, private open space shall be provided as follows:

(1) Balconies (above ground level): minimum 48 square feet, the least interior dimension of which is six feet;

(2) Patios (at ground level): minimum 80 square feet, the least interior dimension of which is eight feet; or

(3) Common open space may be substituted for the required private open space at a ratio of 2:1 (e.g., 160 square feet of common open space may be substituted for 80 square feet of required ground-level private open space).

(f) 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 the design review permit approval. 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.

(g) Uses in Enclosed Buildings. Uses are to be conducted entirely within an enclosed building unless otherwise identified in the table.

(h) Transportation Demand Management. New high intensity development shall include measures to promote usage of alternatives to automobile travel and reduce total vehicle trips and vehicle trips during peak hours through site design measures and participation in an established transportation demand association supporting programs for enhanced transit ridership, biking, and walking.

(i) 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 D district and may cause temporary inconvenience. Businesses and residential developments in the D district are 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. (Ord. 202012 § 3, 10-2-12; Ord. 9-2013 § 2, 9-10-13; Ord. 9-2014 § 9, 3-4-14; Ord. 02-2020 § 12, 1-14-20; Ord. 07-2023 § 17, 12-5-23. 1990 Code § 8- 211108.)

(a) The number of off-street parking spaces required for each use in the D district is set forth in Table 18.47.100. In computing the number of offstreet parking spaces required, any fractional space shall be rounded down.

(b) For purposes of Table 18.47.100, “nonexclusive use” required off-street parking spaces means the space can be used for two or more uses, provided each of the following is met:

(1) The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and are located within the D district.

(2) If a use requiring parking spaces is in one ownership and all or part of the required parking spaces are provided in another ownership, the property owners involved shall submit an agreement approved by the city attorney as to form and content guaranteeing that the required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with Table 18.47.100.

Table 18.47.100

Required Off-Street Parking Spaces by Land Use

Parking Requirements by Land Use (“KSF” shall mean 1,000 square feet of gross floor area)

1 As defined by the DCP.

(c) For deviations in required parking prescribed in Table 18.47.100, the approval authority must make a finding that the nature of the use including the projected employment density and/or site visitation warrants an increase or decrease in parking. For any parking reductions, the approval authority must make the findings prescribed in Section 18.250.070(b)(4). For parking increases requested by a property developer, the developer shall demonstrate that other options have been evaluated to reduce on-site parking demand by other methods, including:

rojected employment density and/or site visitation warrants an increase or decrease in parking. For any parking reductions, the approval authority must make the findings prescribed in Section 18.250.070(b)(4). For parking increases requested by a property developer, the developer shall demonstrate that other options have been evaluated to reduce on-site parking demand by other methods, including:

(1) Parking demand management strategies such as parking cash-out for employees and unbundled parking for residents; and

(2) Vehicle trip reduction strategies, such as subsidized transit passes, car sharing programs, or free employee/visitor shuttle from BART.

In approving an increase in parking, the approval authority may require a contribution to the downtown transportation demand management program to assist in offsetting overall parking and traffic demand within the district. (Ord. 20-2012 § 3, 10-2-12; Ord. 9-2013 § 3, 9-10-13; Ord. 04-2016 § 18, 3-116. 1990 Code § 8-211109.)

(a) Car share and electric vehicle spaces shall be provided and credited in accordance with Section 18.183.172.

(b) Electric vehicle charging stations shall be provided for electric vehicle spaces in accordance with Section 18.183.174.

(c) Tandem and individual mechanical parking spaces may be utilized in accordance with Section 18.183.175.

(d) Mechanical parking systems may be used in accordance with Section 18.183.176.

(e) Parking garages shall meet the requirements set forth in Section 18.183.178.

(f) When bicycle or motorcycle spaces are provided, parking spaces otherwise required pursuant to Table 18.47.100 may be omitted in accordance with the following provisions and subject to the following limitations:

• (1) One parking space may be omitted for each four bicycle parking spaces provided.

• (2) One parking space may be omitted for each two motorcycle parking spaces provided.

(3) In no instance shall the credit for bicycle or motorcycle parking, or combination thereof, exceed 20 percent of the total required parking spaces. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211110.)

(a) Purpose and Goals. The purpose of this section is to implement Chapter 3.5 of the DCP by establishing a downtown art program. It is the intent of the city to create a program designed to promote the arts in the downtown district. It is intended that artwork will be installed throughout the district and be a source of pride to the residents of the city and the community life. The program will provide art education and experiences which will spur economic development by creating a destination which attracts visitors and encourages walking through the streets of downtown. The program will develop community pride and identity and improve the general welfare and quality of life in the city. The program will promote partnership between business, local government, and private citizens and thereby encourage awareness and enjoyment of art experiences. An increase in the quantity and

quality of distinguished works of art will improve and expand the use and value of buildings and facilities and enhance the urban development of the downtown community.

(b) Downtown Art Fee Requirement.

(1) Construction Less Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building that is less than 100,000 square feet of gross foor area anywhere in the D district, or the addition of less than 100,000 square feet of gross foor area to an existing building anywhere in the D district, a downtown art fee shall be paid into the city’s downtown public art fund. The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator based on the Consumer Price Index (CPI) in the San Francisco – Oakland – San Jose area.

(2) Construction Greater Than 100,000 Square Feet of Gross Floor Area. In the case of the construction of any building of 100,000 square feet of gross foor area or more in the D district, or the addition of 100,000 square feet or more of gross foor area to any existing building in the D district, a downtown art fee shall be paid into the city’s downtown public art fund; provided, however, that the developer, in lieu of paying up to 50 percent of the fee, may choose to pay at least half of the downtown art fee into the downtown public art fund, and expend the remaining amount for on-site artwork. The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator based on the Consumer Price Index (CPI) in the San Francisco – Oakland – San Jose area.

50 percent of the fee, may choose to pay at least half of the downtown art fee into the downtown public art fund, and expend the remaining amount for on-site artwork. The amount of the fee shall be based on an amount per square foot adopted by resolution of the city council, and subject to an annual escalator based on the Consumer Price Index (CPI) in the San Francisco – Oakland – San Jose area.

(c) Timing of Payment of Downtown Art Fee and Installation of On-Site Artwork. The downtown art fee shall be paid prior to the issuance of the first building permit for the project. The fee may be subject to deferral consistent with city fee deferral policies for development impact fees. For projects where the developer has opted to provide in-lieu on-site artwork, the art shall be installed on the property prior to the issuance of the first certifcate of occupancy, unless an extension is granted by the community development director in accordance with the process and guidelines described in subsection (e) of this section.

(d) Downtown Public Art Fund. All fees collected under this section shall be deposited into a segregated fund to be designated the “downtown public art fund.” The fund shall be used for city-owned art or city-sponsored exhibitions located within the boundaries of the D district. The fund shall be used exclusively to prepare sites for works of art, acquire and install works of art, maintain works of art, support the exhibition of art which is publicly accessible, or fund other administrative costs, including city staff time, associated with the downtown art program. The city will oversee the design and installation of the art in the D district pursuant to the city’s art in public places policy.

(e) Approval of On-Site Artwork. For projects with construction greater than 100,000 gross square feet of foor area, if the developer has opted to place in-lieu artwork on-site, the developer must comply with the process and guidelines promulgated by the community development director for approval, installation and maintenance of on-site artwork. The owner of the real property on which artwork approved under this program is located shall maintain the artwork installed pursuant to this section. The community development director is authorized to approve on-site artwork; notwithstanding, he or she may refer proposed artwork to the art review board and/or city council if he or she believes further input and direction is required.

(f) Maintenance of On-Site Artwork – Enforcement.

(1) Following approval and installation of the artwork, the developer shall record a document with the county recorder setting forth a description of the artwork and stating the obligation of the property owner to repair and maintain the artwork. This document and the underlying land shall be in form to run with the land and provide notice to future property owners of the obligation to repair and maintain the artwork.

and installation of the artwork, the developer shall record a document with the county recorder setting forth a description of the artwork and stating the obligation of the property owner to repair and maintain the artwork. This document and the underlying land shall be in form to run with the land and provide notice to future property owners of the obligation to repair and maintain the artwork.

(2) At any time the community development director has determined that the artwork has not been maintained in substantial conformance to the manner in which it was originally approved, he or she shall require the current property owner to either:

(A) Repair or maintain the artwork; or

(B) Pay the downtown art fee required by subsection (b)(2) of this section, based upon the current fee schedule and the square footage of the building, structure or improvement for which the artwork was required. (Ord. 20-2012 § 3, 10-2-12. 1990 Code § 8-211111.)

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

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