Fremont Municipal Code Art. 1 Applicability and Administration

This chapter contains the integrated zoning standards that implement the city center community plan, and is referred to as the “city center code.” Where there is a conflict between the city center code and the city center community plan, the city center code shall govern.

It is the purpose of the city center code to protect and promote the public health, safety, comfort, convenience, and general welfare of the community and implement the general plan for the property identified in Figure 18.43.010.

The city center code implements the intended residential densities and nonresidential intensities identified in the general plan and the city center community plan. The development standards of this chapter reflect the physical character envisioned by the city center community plan. Therefore, the city center code does not use or need standards related to dwellings per acre or standards for floor area ratio. Compliance with the city center code will achieve the policy direction.

The city center code is also intended to implement the city center-scale environment envisioned in the city center community plan, namely:

(a) Buildings placed near to, facing and defining the streets.

(b) Buildings with visually balanced and detailed facades, and pedestrian-oriented entries, frontages and signage.

(c) Buildings that are composed of volumes similar in scale and materials to those found in metropolitan city centers, such as concrete, glass, masonry and wood buildings and pedestrian-friendly streetscapes, with the following form:

(1) Buildings that are larger than houses, occupying some or all of a block, and intended to accommodate several stories;

(2) Buildings with urban frontages and ground floors that range in overall height, with portions of buildings that provide massing variation adjacent to smaller scale neighborhoods; and

(3) Streetscapes that include generous sidewalks, steady rows of street trees, awnings and/or building galleries to shade and define the pedestrian way, and landscape, lighting and signage that enhance the street as a comfortable and visually interesting environment for strolling, shopping and visiting.

Figure 18.43.010 City Center Boundaries[Figure]

Parcels within the boundary are subject to the city center code.

(Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Regulations Generally. The regulations contained in this chapter apply to all property within the code boundaries identified in Figure 18.43.010, in conjunction with the guidelines contained in the city center community plan.

(b) Relationship of City Center Code to FMC. All applicable provisions of this title and the Fremont Municipal Code (FMC or code) that are not specifically replaced or identified as not applicable continue to apply. If a conflict arises between the requirements of the city center code and the rest of the code, the requirements of the city center code shall prevail.

(1) Compliance with the City Center Code. No permit shall be issued by the city unless the proposed project complies with all provisions of this chapter, including any required findings, conditions of approval, and all other provisions of law, as applicable.

(2) Legal Parcel. The site of a proposed land use, development, modification or other improvement subject to the city center code shall be on a parcel(s) legally created in compliance with the Subdivision Map Act and Title 17 (Subdivisions). Parcels created after the adoption of the city center code that consist of an entire block are subject to the requirements of Table 18.43.140 for the applicable zone.

(3) Minimum Requirements. The provisions of the city center code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When this chapter provides for discretion on the part of a city official or body, that discretion may be exercised to impose reasonable conditions on the approval of any project proposed within the boundaries of Figure 18.43.010.

(4) Historic and Cultural Resources. Properties identified by the city as historically or culturally significant, or potentially significant, shall comply with applicable provisions of Chapter 18.175.

(5) Design Review Process. All requests for new structures or modifications to existing structures shall obtain a design review permit (DRP) under Chapter 18.235.

(6) Parking within City Center. Property within the city center code boundaries is intended to generate and maintain the envisioned physical environment and land use activity through a shared parking approach for nonresidential parking. The intent is to allow for each property to generate building area, land use activity and open space while grouping the parking facilities in strategically dispersed locations. This approach is for the purpose of encouraging walking between businesses and destinations and relieving individual properties from providing potentially duplicative parking. Therefore, properties shall be allowed to share parking pursuant to the parking requirements identified in the applicable zone.

(7) TOD Overlay District (Chapter 18.152). The city center code implements the standards of the adopted transit-oriented development (TOD) overlay district into applicable provisions of the city center code. Notwithstanding Section 18.152.020(c), the provisions of this chapter shall govern where a conflict exists with Chapter 18.152. (Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

(a) Effect on Existing Development and Land Uses.

(1) Planned districts existing on the date of adoption of this chapter may continue in accordance with their approved development rights and shall not be considered legal nonconforming uses. Additional development within such planned districts that is not vested must conform to the requirements of this chapter.

The future use of planned district zoning is prohibited within the boundaries of the city center code.

(2) The owner or occupant of land or buildings within the city center code boundaries identified in Figure 18.43.010 shall comply with the provisions of this chapter; provided, however, that buildings, structures, site improvements, landscaping or uses lawfully constructed or established prior to the effective date of this chapter that do not comply with the provisions of this chapter shall be deemed legally nonconforming and subject to the provisions of Chapter 18.180 (Nonconforming Uses and Structures) except as provided in subsection (a)(2)(D) of this section (Repair, Maintenance and Incremental Compliance).

Such buildings, structures, site improvements, landscaping or uses will only be required to comply with the city center code when any of the following occur and only with regard to the portion of the site or building that is the subject of the application and will undergo changes if the application is approved:

(A) Blocks. Existing blocks or parcels that do not conform to the requirements of Table 18.43.140 shall be made to conform when any of the following apply:

(i) An existing block is proposed to be modified in shape or size other than changes to ingress, egress, curbs, sidewalks, and other similar modifications that do not modify a block’s overall shape and size;

(ii) A new block is proposed.

(B) Site Improvements.

(i) New driveway along primary or secondary street frontage;

(ii) Modification or relocation of driveway along primary or secondary street frontage;

(iii) New parking area;

(iv) Expansion of parking area within 50 feet of primary or secondary street frontage.

(C) Buildings, Additions, and Frontage.

(i) Additions within 50 feet of primary or secondary street frontage, except as provided in subsection (a)(2)(D) of this section:

a. For buildings less than 5,000 square feet: cumulative expansion exceeding 25 percent.

b. For buildings between 5,000 square feet and 30,000 square feet: cumulative expansion exceeding 20 percent.

c. For buildings more than 30,000 square feet: cumulative expansion exceeding 15 percent.

(ii) A new building is proposed, except as provided in subsection (a)(2)(D)(ii) of this section.

(D) Repair, Maintenance and Incremental Compliance.

(i) Repair and Maintenance Allowed. Repair and maintenance of legally established improvements and buildings do not require compliance with this chapter.

(ii) Incremental Compliance. Notwithstanding subsection (a) of this section, incremental changes may be made to legally established improvements, and buildings, without complying with this chapter; provided, that they are consistent with the long-term vision of the city center community plan, as determined by the zoning administrator. (Ord. 15-2015 § 2 (Exh. B), 6-2-15.)

Over the course of implementing the city center code, it may become necessary or desirable to include additional street or building frontage types in the city center code. Such additions shall be processed pursuant to the requirements of Chapter 18.225 and the following:

(a) Addition of Street Type.

(1) A written statement identifying that the proposed type is not similar to any of the allowed types;

(2) A diagram showing the proposed type in plan and section to identify the proposed configuration and its key elements.

(b) Addition of Building Frontage Type.

(1) A written statement identifying that the proposed type is not similar to any of the allowed types in Table 18.43.220;

(2) A diagram showing the proposed type in plan and section to identify the proposed configuration and its key elements;

(3) At least three examples of the proposed type in its intended physical context. (Ord. 15-2015 § 2 (Exh. B), 6-2-15.)