Fremont Municipal Code § 18.50.030 Building and site standards

The industrial districts are intended to accommodate a variety of high technology, life science, manufacturing, and logistics businesses. They house businesses that provide products and services to other businesses and local residents. The industrial districts are intended to provide locations for uses that generate employment, and may involve hazardous materials, noisy operations, heavy traffic, and odors that may present dangers or nuisances to nonindustrial uses, such as schools and residences. Industrial operations are vital to the local, regional, state and global economy, providing a wide range of employment for the region and revenues that support services for the community. Three industrial districts are established to provide for the diversity of industrial uses within the city including service industrial (I-S), tech industrial (I-T), and general industrial (I-G). The character of each of the three industrial districts is distinguished by the uses and development allowed, providing optimum locations with respect to access and service areas, achieving compatibility of uses within each district, and minimizing adverse impacts to uses in adjacent districts. The specific purpose of each industrial district is described as follows:

(a) I-S Service Industrial. The purpose of the I-S district is to provide locations for industrial uses which are generally oriented toward serving local businesses and residents and can operate in proximity to commercial and residential uses with a minimum of adverse effects. The purpose also includes prohibiting certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of larger sizes/quantities of hazardous materials which may have off-site impacts. The I-S district may also include those commercial and service uses which are considered to be more appropriate in an industrial area.

(b) I-T Tech Industrial. The purpose of the I-T district is to provide areas devoted to research and development activities, “clean and green” tech, and semi-conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities. Within this district certain Group A, B, and C hazardous materials uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials (Section 18.190.220, High intensity hazardous materials users), are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is characterized by superior architectural and landscaping treatment and site planning.

(c) I-G General Industrial. The purpose of the I-G district is to provide areas for general industrial, manufacturing, wholesale and other related service uses needed by the city and the region. Impacts associated with noise, odor, heavy traffic, and other hazards associated with certain hazardous materials may occur within the I-G district. Sensitive land uses are not permitted in the I-G district. (Ord. 17-2016 § 18, 9-13-16.)

Industrially zoned land shall not be rezoned to a nonindustrial zoning designation unless one or more of the following four conditions are met:

(a) The industrial property is isolated and is surrounded by incompatible uses.

(b) The site is located within one-quarter mile of a BART or ACE transit station, as measured from the center of the platform.

(c) Subsequent analysis and public input is provided through a specific plan process.

(d) It can be clearly demonstrated that an extraordinary benefit would be provided to the city. (Ord. 17-2016 § 18, 9-13-16.)

Each lot shall conform to the building and site standards in the industrial districts as set forth in Table 18.50.030.

Table 18.50.030 Building and Site Standards for Industrial Districts

Table 18.50.030 notes:

1 This term is defined in Chapter 18.25.

2 Applications to increase building heights or FAR beyond the maximum shall be processed as a modification of zoning standards under Chapter 18.250. See Sections 18.190.305 and 18.190.610 for conversion of manufacturing and warehouse uses.

3 Reserved.

4 Building area that is designed and utilized exclusively for on-site employee child daycare1 shall not count towards maximum floor area ratio calculations.

(Ord. 17-2016 § 18, 9-13-16; Ord. 23-2018 § 15, 10-2-18.)

(a) Performance standards are established to ensure that adjoining properties, persons and the community as well as the region are provided protection against adverse conditions which may be created by the various uses operating within the industrial zoning districts. All uses within the I-S, I-T, and I-G districts, whether accessory, permitted, or whether requiring zoning administrator or conditional use permit approval, shall comply with the following performance standards:

(1) Noise. At all property lines, as measured consistent with subsection (c) of this section, the maximum noise level generated by any user shall not exceed an Ldn level of 70 dB(A) when adjacent users are industrial, commercial, business, professional or office. When adjacent to hotels, motels and other lodging, or outdoor sports and recreation, neighborhood parks and playgrounds, the noise level at all property lines shall be limited to an Ldn level of 65 dB(A). When users are adjacent or contiguous to residential, institutional uses, or similar sensitive uses, the maximum noise level shall not exceed an hourly Leq level of 50 dB(A) during daytime hours (7:00 a.m. – 10:00 p.m.), an hourly Leq level of 45 dB(A) during nighttime hours (10:00 p.m. – 7:00 a.m.), an hourly Lmax level of 70 dB(A) during daytime hours, and an hourly Lmax level of 65 dB(A) during nighttime hours. Excluded from these standards are occasional sounds generated by the movement of railroad equipment, temporary construction activities or warning devices. Each of the noise level standards specified in this section shall be reduced by five db(A) for single-tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises when the site is adjacent to residential areas.

(2) Vibration. No vibration shall be permitted which is discernible without instruments at any property line, as measured consistent with subsection (c) of this section.

(3) Glare or Heat. No heat or direct or sky-reflected glare, whether from floodlights or high-temperature processes such as combustion or welding or otherwise, shall emanate from any use so as to be visible or discernible at the point of measurement as specified under subsection (c) of this section. Legal signs are exempted from this provision.

(4) Fire Hazards. The storage, use or production of products which, either in the raw or finished state, constitutes an inflammable or explosive material shall be subject to the fire codes and approval of the city of Fremont’s fire department. The personnel of the department shall be given the opportunity to visit and observe operations on the site and any directives issued by said personnel shall be satisfied. Failure to comply with fire department directives shall constitute a violation of this chapter in addition to any violation of other statutes. Burning of waste materials in open fires or unapproved incinerators is prohibited.

(5) Liquid or Solid Wastes. It is prohibited to discharge at any point into a private sewage disposal system or stream or into or on the ground any material of such nature or temperature as to contaminate any water supply, or otherwise cause the emission of dangerous or offensive elements, except in accordance with regulations, licenses or approvals of the various local and state agencies having jurisdiction over such activities.

(6) Fissionable or Radioactive Material. No activity shall be permitted which utilizes, produces, removes or reprocesses fissionable or radioactive material unless a license, permit or other authority is secured from the state or federal agency exercising control. In all matters relative to such activities, it shall be the responsibility of the user to ascertain and identify the responsible agencies and notify the community development department as to the agencies involved and the status of the required permits.

(7) Aesthetics. No operation or activity shall be permitted which will cause to be easily visible to public view or from adjoining properties waste materials, parts or material storage or an assembly process. Machinery or equipment which is necessary for the operation and which, because of size and function, cannot be installed for practical purposes within an enclosed building is exempt from this section.

(b) Enforcement of this chapter may only pertain to requirements not regulated by other agencies and shall be the responsibility of the building official. The building official is empowered to take whatever steps are listed below to abate any condition which is in conflict with the performance standards as specified under this section. Such steps may include citations, abatement action, or injunctions. Arrests, or securing of warrants for arrest, of individuals responsible for suspected violations may only be used when other available steps will not allow the building official to stop a violation which poses a serious threat to the health and safety of one or more persons.

(c) All measurements to determine the existence of any violation of the performance standards shall be made by the enforcing agency at the property line nearest the source of the suspected violation, except measurements of fire hazards, solid industrial wastes, or liquid wastes. (Ord. 17-2016 § 18, 9-13-16.)

(a) Landscaping and Screening. All projects shall conform to the following requirements:

(1) Uses which are not contained in an enclosed building and are located adjacent or contiguous to lands designated for residential use on the general plan shall be screened from view from adjacent streets and adjoining properties. Screening shall be provided by either a six-foot-high nonmasonry fence in conjunction with a 10-foot-wide landscaped strip or a six-foot-high masonry wall to separate the use from contiguous properties.

(2) A masonry wall not less than six feet nor more than eight feet in height, plus a landscaped strip of land at least 10 feet wide, shall be maintained along any property line where an industrial district abuts a lot designated for residential use on the general plan, or a lot with an existing residential use.

(3) All side and rear yards adjacent to a freeway, as well as rear yards adjacent to an arterial or railroad right-of-way, shall be screened. Screening shall be provided by the following: a masonry wall not less than six feet in height, landscaped mounding, landscaping, or any combination thereof.

(4) All required yard areas adjacent to streets and freeways shall be landscaped, except for driveways and sidewalks. When a wall or fence is required for screening in the rear yard or in yard areas abutting a freeway or railroad right-of-way, the landscaped area shall be located behind the wall. For walls located next to street right-of-way, landscaping shall be located in front of the fence or wall.

(5) Trees shall be a minimum 15-gallon size. The shrub and groundcover plants shall be a minimum one-gallon size. The maximum number of one-gallon shrubs shall not exceed 60 percent of the total number of shrubs and groundcover plants required. The remaining shrubs shall not be less than five-gallon in size.

(6) Landscape design shall include planter space for large canopy tree species of a minimum dimension of 10 feet at the ground level with additional space for canopy maturity at upper building levels.

(7) Bay friendly and water efficient landscapes that meet state standards are required.

(8) Landscape planting requirements may vary through design review permit approval in recognition of tree preservation efforts and/or the overall landscape plan aesthetic.

(9) A design review permit for landscaping and screening design is required pursuant to the requirements set forth in Chapter 18.235. The zoning administrator may waive the requirement for fencing, landscaped mounding, or walls where the siting of the building and the landscaping on the site are designed to present a pleasing appearance from a contiguous street or freeway. In no case shall operation, storage or display of any nature occur in any yards visible from a contiguous street or freeway. Requests for waiver of fencing and/or screening requirements may be submitted concurrent with an application for design review permit.

(b) Exterior Storage. Exterior storage of raw or primary materials, recyclable materials, waste products, and construction materials shall be prohibited in the required front and street side yard areas. All exterior storage on the property shall be screened by view-obstructing fencing and/or landscaping treatment in such a manner that it shall not be visible from any contiguous public street, freeway, or frontage road. All storage areas shall be surfaced to provide a durable and dust-free surface and properly graded so as to dispose of all surface water. Design review permit for exterior storage area(s) shall be required pursuant to the requirements set forth in Chapter 18.235.

(c) Parking and Loading Facilities. All projects shall conform to the following requirements:

(1) On any lot located in an industrial district that is directly across a roadway from any lot designated for residential use in the general plan land use diagram, the parking and loading facilities shall be a distance of at least 25 feet from the street right-of-way line of the industrial zoned property. This requirement shall not apply when a street is provided on one or more sides with a frontage road developed in accordance with the provisions of this title.

(2) Landscape requirements for parking areas are contained in Chapter 18.183.

(3) Parking (inclusive of bicycle parking, car share and electric vehicle spaces) shall be provided as required in Chapter 18.183.

(4) When feasible, loading docks and delivery/service areas should be sited to the rear of buildings to minimize traffic disruption and maintain the visual quality of public streets. In instances where loading docks may be visible from an existing or planned public street, trail (e.g., the Bay Trail) or passenger rail line (e.g., BART), they shall be screened using fencing, walls, and/or landscaping to improve the visual quality of the city.

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

(e) Fencing. All fencing shall conform to the standards set forth in Chapter 18.171.

(f) Solid Waste and Recycling Storage. Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440.

(g) Utility and Equipment Screening.

(1) Mechanical, meter and other equipment screening shall be required in accordance with Section 18.190.320.

(2) Electrical and utility transformers shall be placed underground or shall be screened by an architectural element and/or landscaping.

(h) 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 to support enhanced transit ridership, biking, and walking. Periodic review of TDM measures shall also be required as part of the permit approval. Existing employers/businesses may also participate in TDM programs and may also be subject to requirements set forth in Chapter 10.20 (Trip Reduction and Transportation Demand Management).

(i) Exceptions. Exceptions to the regulations of this chapter shall be as described in Chapter 18.170.

(j) Design Review Required. All developments, extensions or expansions of lots, structures, or uses shall be subject to the design review permit approval process described in Chapter 18.235, except for roadside stands established in accordance with Section 18.190.470.

(k) Conversion of Existing Nonconforming Residential Uses. Any changes from an existing nonconforming residential use to a conforming use shall be subject to the design review permit approval process described in Chapter 18.235.

(l) Findings for Conditional Use Permits and Zoning Administrator Permits. Where a zoning administrator permit or conditional use permit is required pursuant to Table 18.50.090, the following findings are required for approval:

(1) For zoning administrator permits, the findings required in Section 18.275.060 shall be made;

(2) For conditional use permits, the findings required in Section 18.230.060 shall be made;

(3) The proposed use will not interfere with industrial activities on nearby sites; and

(4) Small retail uses will be clustered with similar uses, and/or will provide a complementary service for surrounding industrial uses. (Ord. 17-2016 § 18, 9-13-16.)

(a) Prior to September 13, 2016, many industrial developments were approved within planned districts. The purpose of this section is to preserve and extend certain vested rights for such developments.

(b) Uses. Any use legally established within a planned district zone prior to September 13, 2016, may continue as previously approved. All uses established after September 13, 2016, must conform to current zoning regulations.

(c) Development Standards. All buildings and site improvements legally constructed within a planned district zone prior to September 13, 2016, shall be considered to be conforming with regard to setbacks, height, floor area ratio, and site layout regardless of current zoning standards. All new development constructed after September 13, 2016, shall conform to current development standards.

(d) Development Projects Approved Prior to Adoption of This Section, but Not Yet Constructed. Any development project approved as part of a planned district shall remain vested in accordance with former approvals unless superseded by a new development approval. (Ord. 17-2016 § 18, 9-13-16.)

All uses allowed in the industrial districts pursuant to Table 18.50.090 shall comply with the regulations pertaining to hazardous materials contained in Section 18.190.220 and Chapter 8.35. (Ord. 17-2016 § 18, 9-13-16.)

(a) Use Table. Table 18.50.090 sets forth those uses which are permitted, permitted with approval of a zoning administrator permit, permitted with approval of a conditional use permit, and not allowed in each of the three industrial districts, and the type of approval each use requires. The following terms are used in Table 18.50.090:

(1) Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.

(2) Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.

(3) Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.

(4) Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.

(5) The symbol “--” indicates a use is prohibited within the zoning district.

(6) “KSF” means 1,000 square feet.

(b) In the event a use is not listed or there is difficulty in categorizing a use as similar to those uses listed in Table 18.50.090, the use shall be prohibited unless a “finding application” is submitted requesting the use be found similar in nature, function, and operation as other uses within the district as set forth in Chapter 18.250.

(c) Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.

Table 18.50.090 Uses in Industrial Districts

1 This term is defined in Chapter 18.25.

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

3 Reserved.

4 Reserved.

5 Subject to the requirements of Section 18.190.220 (High intensity hazardous materials uses).

6 This term is defined in Chapter 18.185.

(Ord. 17-2016 § 18, 9-13-16; Ord. 27-2016 § 15, 12-6-16; Ord. 08-2017 § 5, 6-6-17; Ord. 09-2017 § 7, 6-6-17; Ord. 23-2018 § 16, 10-2-18; Ord. 02-2020 § 16, 1-14-20; Ord. 05-2021 § 22, 4-20-21; Ord. 02-2026 § 12, 5-5-26.)