Fremont Municipal Code Ch. 18.49 Warm Springs Innovation (“wsi”) District

(a) The Warm Springs Innovation (WSI) district is established to implement the Warm Springs/South Fremont Community Plan (WS/SF CP), which is incorporated herein by reference. The WS/SF CP is a comprehensive, long-term planning document for the WSI district, intended to facilitate the creation of a vibrant, urban, mixed-use district in the vicinity of the Warm Springs/South Fremont BART station. The goal of the plan is to provide a thriving employment center focused on innovation and advanced manufacturing while incorporating urban housing, urban greens and plazas, and complementary uses such as schools, business and conference centers, entertainment and cultural art venues and an art program.

(b) The WS/SF CP includes a land use chapter that creates 10 planning areas. Each planning area allows for a distinct mix of land uses and establishes targets for future development. The WS/SF CP also contains development and public realm standards, street sections and streetscape design standards and establishes a framework for public open spaces and other facilities. Finally the WS/SF CP contains site and building design standards to be used in the review of new projects. These provisions will be implemented through zoning and subdivision regulations, public and private improvements, and an economic development strategy.

(c) The city council finds that implementation of the WS/SF CP will: (1) create employment and housing opportunities in an urban setting; (2) provide a center for innovation and social interaction for residents of the city; (3) contribute positively to the city’s community character and regional prominence; and (4) is in accordance with the city’s general plan goal to promote strategically urban growth and sustainable development.

(d) 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 WS/SF CP. (Ord. 28-2014 § 1, 9-9-14.)

(a) The regulations contained in this chapter shall apply in the WSI district in conjunction with the standards, guidelines, and improvement plans contained in the WS/SF CP document. In the event of any inconsistencies between the standards set forth in this chapter and the WS/SF CP, 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 WSI district, or for appeals concerning approvals or administration of development projects, the standards and procedures in this title generally shall apply.

(c) The WSI district fully implements the provisions of the General Plan Transit Oriented Development Overlay Land Use Designation and Chapter 18.152 (Transit-Oriented Development Overlay [Zoning] District) and hereby supersedes all provisions of Chapter 18.152.

(d) The owner or occupant of land or buildings used for any purpose in the WSI district shall provide the facilities as required by and which conform with the regulations set forth in this chapter and the WS/SF CP; 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 and Structures. (Ord. 28-2014 § 1, 9-9-14.)

The WSI district is divided into 10 “planning areas” to further refine development requirements within the WS/SF CP boundary:

1 The precise depth of Subarea 4A has been determined by the approved master plan.

(Ord. 28-2014 § 1, 9-9-14; Ord. 01-2025 § 8, 1-7-25.)

(a) Use Table. Table 18.49.040(a) sets forth those uses that are permitted, conditionally permitted, or prohibited in each of the WSI district planning areas. The following terms are used in Table 18.49.040(a):

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

(7) Southerly of Quantum Drive (“SQD”).

(b) Hazardous Materials Users Table. Table 18.49.040(b) sets forth a modified matrix of permit types for users within certain hazardous material groups and for certain facility types. Section 18.190.220 sets forth applicable regulations but Table 18.49.040(b) modifies tables found in Section 18.190.220(f) so that they correspond to the various WSI district planning areas.

(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 18.49.040(a) Permitted, Conditionally Permitted, and Prohibited Uses in WSI District Planning Areas

1 Term is defined in Chapter 18.25.

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

3 When located outside the general plan transit-oriented development (TOD) overlay designation.

4 Subject to performance standards in Section 18.50.040.

5 Subject to the requirements of Section 18.190.220 (High intensity hazardous materials uses). See Table 18.49.040(b) for review levels in WSI districts.

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

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

Table 18.49.040(b)

Hazardous Materials Users – Minimum Level of Review

In Table 18.49.040(b), the letters and symbols have the following meanings:

“P” – Permitted Use.

“Z” – Zoning Administrator Permit.

“C” – Conditional Use Permit.

“-” – Use Not Allowed.

NOTE: See Section 18.190.220 for further requirements and definitions.

(Ord. 28-2014 § 1, 9-9-14; Ord. 16-2015 § 33, 6-2-15; Ord. 24-2015 § 5, 12-15-15; Ord. 04-2016 § 19 (Att. 4), 3-1-16; amended by city during April 2016 update; Ord. 17-2016 § 17, 9-13-16; Ord. 27-2016 § 13, 12-6-16; Ord. 09-2017 § 6, 6-6-17; Ord. 23-2018 §§ 8, 12, 10-2-18; Ord. 02-2020 § 13, 1-14-20; Ord. 05-2021 § 20, 4-20-21; Ord. 07-2023 § 18, 12-5-23; Ord. 02-2026 § 10, 5-5-26.)

Repealed by Ord. 01-2025. (Ord. 28-2014 § 1, 9-9-14.)

(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 WS/SF CP, as well as the general regulations of this title. 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 and revocation.

(b) When Required. Design review permit approval, following the procedures and requirements set forth in Chapter 18.235 (Design Review Permit) is required before any building, structure, site development plan or parking facility is submitted for building permit review. (Ord. 28-2014 § 1, 9-9-14.)

(a) New development, redevelopment, expansions and additions shall conform to the site development standards set forth in Table 18.49.070. For nonresidential uses, intensity is measured in terms of floor area ratio (FAR). For residential uses, density is measured in terms of dwelling units per net acre (du/ac).

(b) When at least 50 percent of a building’s site area lies within a one-quarter- or one-half-mile radius of the BART radius station the project must meet the standards set forth in Table 18.49.070 for the area within the radius. When less than 50 percent of the building’s site area is located within one-quarter- or one-half-mile BART radius, the project may utilize the standard for the area within the radius but is only required to use the standard for outside the radius.

(c) For decreases to the minimum FARs prescribed in Table 18.49.070, the approval authority must make the following finding:

(1) The urban form intent of the WS/SF CP is achieved.

(d) Density Standards.

(1) Purpose and Intent. The number of dwellings per unit of land, the density, is controlled so that housing can match the availability of public services and the support of commercial areas. The standards also allow the housing density to be matched with the carrying capacity of the land. In addition, the density standards are used as one type of control of overall building bulk. Finally, minimum density standards ensure that the service capacity is not wasted and that the city’s housing goals are met.

(2) Density Calculations.

(A) When the density calculation for a parcel results in a fraction of one-half or greater, the density shall be rounded up to the next whole unit.

(B) When the density calculation results in a fraction less than one-half, the density shall be rounded down to the next whole unit.

(C) Minor deviations of no more than one dwelling above or below the permitted range may be allowed when rounding the density calculation.

(D) For purposes of density calculations and density bonus allowances, efficiency apartments or single room occupancy units shall count as one-half a dwelling unit.

(3) Density Bonuses and Density Redistribution.

(A) Density bonuses above the permitted density range of a district shall be allowed subject to the provisions of Chapter 18.165, the general plan and state law.

(B) For projects that propose a density redistribution wherein the respective density of one or more of the housing product types is either above or below the permitted density range established by the WS/SF CP and WSI zoning for the development site; the planning commission shall review and make a recommendation and the city council shall be the final approval authority for the project.

(e) Alternatives to Building Setbacks and Streetwall Standards Adjacent Streets. Modified building setbacks or streetwall standards may be approved through design review when the approval authority determines that creative design solutions are incorporated, including, but not limited to:

(1) Provision of high quality, publicly accessible open space areas or plazas;

(2) Incorporation of architectural elements (e.g., trellis, columns, light standards, wind turbines or other features) that frame the site and create a clear edge to the public realm, connect the building to the street, reinforce building corner zones, welcome pedestrians into the site and guide them toward the building entries;

(3) Parking areas within setbacks are avoided but if they occur, they are designed with high quality pavement materials other than asphalt. Paver stones, textured/scored concrete are considered acceptable; and/or

(4) Incorporation of well-designed pedestrian pathways with pedestrian-scale amenities from building entries to surrounding sidewalks and within all open space areas.

(f) For modifications to the bulk and massing requirements prescribed in Table 18.49.070, the approval authority must find that the design is consistent with the intent of the WS/SF CP to support the creation of well proportioned buildings that contribute to the formation of an appropriately scaled environment, and reinforce a pedestrian focused environment that is visually engaging.

Table 18.49.070

In Table 18.49.070, the letters and symbols are defined as follows:

KSF = 1,000 Gross Square Feet

SF = Square Feet

Unit = Dwelling Unit

Required Site Development Standards for WSI District

Required Site Development Standards Intensity (by land use type):

1 Assembly and other nonresidential uses to be approved only as part of a larger building.

2 Horizontal distance, measured perpendicularly, from the property line to the predominant building wall closest to the property line excluding permitted projections.

3 Final setbacks will be determined as part of the design review permit and may be modified if necessary to meet building code or fire code requirements.

4 Streetwall is defined as that portion of the building massing directly fronting onto either a public right-of-way or easement that is constructed to the minimum setback line. Streetwall standards may be modified through design review in accordance with Section 18.49.070(e).

5 A corner zone is defined as the area a minimum of 30' from the corner of a building and a minimum of 35' high, along a streetwall.

6 See WS/SF CP Chapter 4.6 and Figures 4.12 through 4.15 for further detail.

7 To foster early development activity in the absence of amenities and nearby services, for-sale projects that record a final map prior to December 31, 2019, may provide up to two spaces per unit maximum. Project approvals granted before this date shall incorporate design provisions to allow parking in excess of one and one-half spaces per unit up to two residential spaces per unit to be made available on an unassigned basis.

8 For buildings greater than 65' in height, the portion of the building below 65' in height is subject to the bulk and massing standards for a 35'-1" to 65' tall building. The portion of the building above 65' in height is subject to the bulk and massing standards based on the total building height. For example, if a building is 100' tall, the bulk and massing standards for a 35'-1" to 65' tall building would apply to the bottom 65' of the building, and the bulk and massing standards for a 85'-1" to 135' tall building would apply to the top 35' of the building.

(Ord. 28-2014 § 1, 9-9-14; Ord. 04-2016 § 20, 3-1-16; Ord. 27-2016 § 14, 12-6-16; Ord. 23-2018 § 13, 10-2-18; Ord. 02-2020 § 14, 1-14-20; Ord. 05-2021 § 21, 4-20-21; Ord. 01-2025 § 8, 1-7-25.)

(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 18.49.090 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. 28-2014 § 1, 9-9-14.)

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.

(2) 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.

(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 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. 28-2014 § 1, 9-9-14; Ord. 16-2015 § 34, 6-2-15; Ord. 23-2018 § 14, 10-2-18; Ord. 02-2020 § 15, 1-14-20; Ord. 02-2026 § 11, 5-5-26.)

(a) Purpose and Goals. The purpose of this section is to implement Section 3.7 of the WS/SF CP by establishing a Warm Springs Innovation district art program. It is the intent of the city to create a program designed to promote the arts in the WSI 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 that will spur innovation and creativity as well as economic development by creating a destination that attracts visitors and encourages walking through the streets of the WSI district. 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 WSI district.

(b) Warm Springs Innovation District 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 floor area anywhere in the WSI district, or the addition of less than 100,000 square feet of gross floor area to an existing building anywhere in the WSI district, a WSI district art fee shall be paid into the city’s WSI district public art fund.

(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 floor area or more in the WSI district, or the addition of 100,000 square feet or more of gross floor area to any existing building in the WSI district, a WSI district art fee shall be paid into the city’s WSI district 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 WSI district art fee into the WSI district public art fund, and expend the remaining amount for on-site artwork.

(3) 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 (applied at the beginning of each calendar year) based on the Consumer Price Index (CPI) in the San Francisco-Oakland-San Jose area for the preceding year.

(c) Timing of Payment of Warm Springs Innovation District Art Fee and Installation of On-Site Artwork. The WSI district 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 certificate of occupancy, unless the community development director grants an extension taking into consideration the size of the artwork, difficulty of manufacturing and/or installation, and related costs while ensuring that the artwork is installed as soon as reasonably feasible.

(d) Warm Springs Innovation District Public Art Fund. All fees collected under this section shall be deposited into a segregated fund to be designated the “Warm Springs Innovation district public art fund.” The fund shall be used for city-owned art or city-sponsored exhibitions located within the boundaries of the WSI

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 publicly accessible art or fund other administrative costs, including city staff time, associated with the WSI district art program. The city will oversee the design and installation of the art in the WSI 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 floor 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 but 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) Installation and 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.

(2) At any time the community development director has determined that the artwork has not been installed or 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) Install, repair or maintain the artwork; or

(B) Pay the WSI district 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. 28-2014 § 1, 9-9-14.)