Part 7. Special Provisions Applying to Miscellaneous Uses

Chapter 18.190
SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS USES

Sections:

18.190.005    Accessory dwelling units.

18.190.010    Adult-oriented businesses.

18.190.020    Animal feed yards, commercial – Animal sales yards, commercial – Kennels for dogs or cats – Pig farms – Poultry farms.

18.190.025    Assembly uses.

18.190.027    Auto-related services and uses.

18.190.030    Building height, increases in.

18.190.040    Cemeteries, crematories, mausoleums and columbariums.

18.190.050    Community buildings, social halls, lodges, fraternal organizations and clubs.

18.190.060    Condominium conversion – Residential projects.

18.190.070    Condominiums and stock cooperatives for commercial, industrial and nonresidential uses.

18.190.080    Construction yards, temporary.

18.190.090    Country clubs and golf courses.

18.190.095    Repealed.

18.190.098    Repealed.

18.190.100    Repealed.

18.190.110    Drive-in and drive-through enterprises.

18.190.120    Drive-in theaters.

18.190.130    Dwelling groups.

18.190.140    Eating places.

18.190.150    Emergency shelters.

18.190.155    Faith-based temporary shelters.

18.190.160    Firearms dealers – Warehouse and storage of firearms.

18.190.165    Flag lots.

18.190.170    Floor area ratio (FAR), increases in.

18.190.180    Game or computing devices and arcades.

18.190.190    Gasoline service stations.

18.190.200    Golf driving ranges.

18.190.205    Guesthouses.

18.190.210    Head shops.

18.190.220    High intensity hazardous materials uses.

18.190.230    Reserved.

18.190.240    Home occupations.

18.190.250    Repealed.

18.190.260    Labor camps.

18.190.270    Landing strips for aircraft or heliports.

18.190.280    Repealed.

18.190.290    Live/work units.

18.190.300    Mailboxes.

18.190.305    Manufacturing facilities.

18.190.307    Marijuana activities.

18.190.310    Massage establishments.

18.190.320    Mechanical meters and other equipment.

18.190.330    Mini-warehouses for household goods.

18.190.340    Reserved.

18.190.350    Mobile homes and trailers not in mobile home parks – Generally.

18.190.360    Mobile homes and trailers not in mobile home parks – Use as temporary office.

18.190.370    Mobile homes and trailers not in mobile home parks – Use at construction sites.

18.190.380    Mobile homes and trailers not in mobile home parks – Use at special events or temporary and seasonal uses.

18.190.390    Mobile vending vehicle/cart operations.

18.190.400    Nursery schools, children.

18.190.410    Nursing care facilities (skilled nursing facilities).

18.190.415    Places of entertainment in downtown district.

18.190.420    Recreational facilities, commercial.

18.190.430    Recycling facilities.

18.190.440    Recycling, refuse and waste collection areas – Trash enclosures and compactors.

18.190.450    Rental of parking space in private garages.

18.190.460    Repair and maintenance of buildings.

18.190.470    Roadside stands.

18.190.480    Repealed.

18.190.490    Senior citizen housing projects.

18.190.500    Service facilities permitted in any district.

18.190.510    Sidewalk dining.

18.190.520    Sidewalk displays.

18.190.525    Storefront review requirements.

18.190.530    Swimming pools.

18.190.540    Reserved.

18.190.550    Temporary and seasonal uses.

18.190.560    Temporary tract offices and/or model homes.

18.190.565    Tennis and other sport courts.

18.190.570    Unreinforced masonry buildings.

18.190.580    Vehicle and equipment repair or fabrication on residential premises.

18.190.590    Veterinary services.

18.190.600    Warehouse facilities with retail and wholesale trade.

18.190.610    Warehouse, general.

18.190.620    Repealed.

18.190.630    Zero and quasi-zero lot line residences, property adjacent to.

18.190.640    Notes applicable to Chapter 18.190.

18.190.005 Accessory dwelling units.

Accessory dwelling units (ADUs) shall be allowed in: any R-1 (single-family residential) district, those portions of planned districts allowing single-family dwellings, single-family dwellings located within an R-2 (two-family and duplex residential) district, certain smaller lots within R-3 (multifamily residential) and R-G (garden residential) districts, and the general, hill, hill face and hillside open space districts wherein a single-family residence has been authorized. All ADUs shall be subject to the provisions of this section. In the event of a conflict between the provisions of this section and another section of the Fremont Municipal Code, the provisions of this section shall prevail.

(a)    Unit Types. An accessory dwelling unit (ADU) shall mean an attached or detached residential dwelling that is subordinate to a principal residence on the same lot, and that provides complete independent living facilities for one or more persons. ADUs include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the principal residence. There are two categories of ADUs, distinguished by the size and location of the ADU and the extent to which the ADU results in a net increase in habitable floor space on the property. These categories are defined as follows:

(1)    Standard ADUs (SADU) may be attached to the principal residence or may be a detached structure and include ADUs that meet any of the following criteria when constructed:

(A)    A net increase in habitable floor space on a property; or

(B)    A floor area exceeding 500 square feet; or

(C)    Created within the footprint of an existing primary residence without incorporating an existing bedroom.

(2)    Junior ADUs (JADU) include ADUs that meet all of the following criteria when constructed:

(A)    No net increase in habitable floor space on a property; and

(B)    A floor area of 500 square feet or less; and

(C)    Contained entirely within the existing walls of an existing principal residence; and

(D)    Created at least in part through the conversion of an existing bedroom.

Subsection (b) of this section includes standards applicable to all ADUs, subsection (c) of this section includes regulations applicable to standard ADUs only and subsection (d) of this section includes regulations applicable to junior ADUs only.

(b)    Regulations Applicable to All Accessory Dwelling Units (ADUs).

(1)    Permitting Procedure. Any application for an ADU that meets the applicable location and development standards contained in this section shall be subject to ministerial review and approval without discretionary review or public hearing. Where design review requirements are applicable, a ministerial design review permit shall be required. All permits shall be issued within 120 days of submission of a complete application for ADUs conforming to the provisions of this section.

(2)    Building Permit Required. No ADU shall be established or maintained until there has been a building permit approved by the city. The application for the permit shall include:

(A)    Site plan indicating the location of the principal residence, the location and type of the proposed ADU, and parking (for those ADUs where parking is required);

(B)    Floor plans of the principal residence and proposed ADU;

(C)    Elevations of all sides of the principal residence and ADU;

(D)    A topographic survey and grading plan may be required for units that expand the habitable floor area on the property.

(3)    Applicability of Fees.

(A)    The city may charge a fee covering the costs associated with the issuance of the design review permit, building permits, and related inspections to determine whether the ADU is in compliance with applicable building standards and the provisions of this section.

(B)    This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to services or utility connection fees that applies to a single-family residence that contains an ADU so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether they include an ADU.

(4)    Locational Criteria.

(A)    In no case shall the total number of dwelling units exceed two (i.e., principal residence and ADU) on any R-1 (single-family residential), R-2 (two-family and duplex residential), or O-S (open space) lot wherein a principal single-family residence has been authorized. Additionally, an ADU may be permitted on a lot zoned R-3 (multifamily residence) or R-G (garden residential) wherein only one single-family residence exists.

(B)    An ADU shall not be allowed on constrained land as identified in Sections 18.55.050 and 18.130.030.

(C)    ADUs are not required to meet the density requirements of the general plan or zoning ordinance and do not count toward the permissible number of units per acre (or required lot area per dwelling). However, ADUs shall otherwise be consistent with the general plan text and diagrams as provided in Cal. Gov’t Code § 65852.2.

(D)    An ADU shall be located only within the area of the lot allowed for the principal residence as established by its zoning district, except as provided in subsection (c)(6) of this section, or in Cal. Gov’t Code § 65852.2(e), which allows for an ADU within the existing floor space of a single-family residence or accessory structure if the ADU has independent exterior access and the side and rear setbacks are sufficient for fire safety.

(E)    An ADU may be attached to the principal residence (i.e., created through conversion of existing floor area or addition of new floor area to the principal residence) or detached.

(F)    An ADU shall not be counted in any ordinance, policy, or program to limit growth (the number of residential units permitted in a year, etc.).

(5)    Occupancy Criteria.

(A)    An ADU may be occupied as a separate single-family dwelling only if the legal owner of the lot occupies one of the dwellings located on the lot; otherwise, the ADU and the principal residence shall be occupied as if they were one single-family dwelling. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(B)    The rental of ADUs for terms shorter than 30 days shall be prohibited.

(C)    Nothing in this section prohibits the ADU or principal residence on the lot from remaining vacant.

(6)    Size. Under no circumstance may an ADU exceed 1,200 square feet or 50 percent of the living area of the principal residence on the property. Size may be further limited by subsections (c) and (d) of this section, including Table 18.190.005.

(7)    Design.

(A)    An ADU shall incorporate architectural features, building materials and colors that are compatible with the principal residence.

(B)    Outside stairways to the ADU shall not be in the front of the principal residence.

(8)    Building Safety.

(A)    A smoke alarm and carbon monoxide detector shall be installed in all ADUs.

(B)    ADUs shall not be held to a higher standard than the principal residence for fire sprinklers. Fire sprinklers shall only be required for an equivalent addition or modification of space on a residential property not associated with an ADU.

(C)    Approval by the local health officer may be required where a private sewage disposal system is being used.

(D)    Permanent Foundation. A permanent foundation shall be required for all detached ADUs.

(E)    This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to fire or life protection requirements for ADUs so long as the ordinance or regulation applies uniformly to all single-family homes within the zoning district regardless of whether the single-family residence has an ADU or not.

(9)    Parking. The maximum required parking for a one or more bedroom SADU shall be one space that need not be covered. No parking is required for either a JADU or a studio SADU. See subsections (c) and (d) of this section for additional parking exemptions and options.

(10)    Listed Historic Lots. Notwithstanding subsection (b)(1) of this section, an ADU may only be allowed on a lot that has been deemed eligible or is formally listed in the National Register of Historic Places, the California Register of Historical Resources or any adopted local list of historic resources if design review permit approval is granted by the historical architectural review board.

(11)    Deed Restriction. A deed restriction, which shall run with the land, shall be filed and recorded with the county of Alameda for each ADU prior to the issuance of a building permit and shall include the following:

(A)    A prohibition on the sale of the ADU separate from the sale of the principal residence, including a statement that the deed restriction may be enforced against future purchasers.

(B)    Occupancy restrictions and requirements, as specified in subsection (b)(5) of this section.

(C)    A restriction on the size and attributes of the ADU that conforms with this section.

(c)    Regulations Applicable to a Standard Accessory Dwelling Unit (SADU).

(1)    Location. A SADU may only be permitted where only one principal residence exists on the lot. SADUs are not permitted in duplexes, triplexes, or other buildings with more than one principal residence.

(2)    Floor Area. The total floor area of the SADU shall be no less than 150 square feet nor more than the maximum allowable area permitted based on the following table:

Table 18.190.005: Maximum Size of SADUs 

Parcel Size

Maximum Allowable Total Floor Area of Unit

Less than 5,000 square feet

500 square feet

5,000 to 7,999 square feet

700 square feet

8,000 to 9,999 square feet

800 square feet

10,000 to 19,999 square feet

900 square feet

20,000 to 39,999 square feet

1,050 square feet

40,000 square feet or more

1,200 square feet

(3)    Building Height. A SADU may not exceed the building height limitation applicable to the principal residence on the lot.

(4)    Connection to Street. No passageway shall be required in conjunction with the construction of a SADU, unless such a connection is mandated by the Americans with Disabilities Act, or other state or federal safety code or standard. A passageway is a pathway that is unobstructed and clear to the sky, that extends from the street to the door of the SADU.

(5)    Separation. Except as noted in subsection (c)(6) of this section, detached SADUs must be separated from other habitable structures on site by at least 10 feet. The separation may be reduced to eight feet if one structure is equipped with fire sprinklers or six feet if both structures are fire sprinklered. Roof eave projections into this separation may be limited by the building code.

(6)    Garage Conversions. An existing garage may only be converted to a SADU if the property will meet all applicable parking standards upon completion of the SADU. To meet applicable parking standards, replacement parking spaces may be located in any configuration on the same lot as the ADU, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile lifts. Notwithstanding the foregoing, replacement parking shall not be required under circumstances described in Cal. Gov’t Code § 65852.2(d). Setback requirements shall not apply to an existing garage that is converted to an ADU or to a portion of an ADU; provided, that any walls within setback areas comply with applicable building and fire codes. In the event an ADU is constructed above an existing or newly constructed garage, a setback requirement of five feet from the side and rear property lines shall be required.

(7)    Parking. Studio units shall not be required to provide parking. A maximum of one parking space (regardless of number of bedrooms) shall be required for a SADU, except as noted under subsection (c)(7)(B) of this section.

(A)    Required parking may be provided through any of the following methods:

(i)    Conventional garages or carports;

(ii)    Uncovered paved areas such as an extended driveway as provided in Section 18.183.180(a)(2)(C);

(iii)    Tandem parking in an existing driveway; or

(iv)    Parking on other locations on the property, unless specific findings are made that parking in setback areas is not feasible based upon life safety conditions. Mechanical lifts may be permitted where consistent with design review criteria.

(B)    No off-street parking shall be required for a SADU in any of the following instances:

(i)    The SADU is located within one-half mile of public transit. This shall include properties within one-half mile of a BART or other commuter rail station or a bus stop. In such cases, the one-half-mile standard shall be based on the actual walking route between the SADU and the transit stop rather than on a straight line between the two points;

(ii)    The SADU is located within an architecturally and historically significant historic district, including the locally designated Mission San Jose and Bryant Street conservation districts, or on a property that includes a register resource or potential register resource;

(iii)    The SADU is located entirely within the existing principal residence or an existing accessory structure;

(iv)    The SADU is located in an area where on-street parking permits are required, but are not offered to the occupants of the SADU;

(v)    The SADU is located within one block of a designated parking area for one or more car-share vehicles available to the general public by subscription.

(C)    When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a SADU, and replacement parking is required, the replacement parking spaces may be provided as in subsection (c)(7)(A) of this section.

(8)    Fees. SADUs resulting in a net increase in habitable floor area on a property may be subject to city impact fees that are proportionate to the burden of the proposed ADU on city services. However, under no circumstance may the SADU be considered equivalent to a new principal dwelling unit for the purpose of fee calculation.

(d)    Regulations Applicable to a Junior Accessory Dwelling Unit (JADU).

(1)    Purpose. The purpose of the junior accessory dwelling unit (JADU) regulations is to implement specific policies of the housing element of the Fremont general plan, and specific provisions of state law authorizing the creation of JADUs. The intent of the JADU regulations is to expand the affordable rental housing stock through the repurposing of underutilized floor area in existing single-family homes.

(2)    Applicability. Performance standards for JADUs shall apply in all single-family (R-1) residential zoning districts, on lots within those portions of planned districts allowing single-family dwellings, and on qualifying R-2, R-3, R-G and O-S lots developed with only one principal single-family dwelling.

(3)    Development Standards.

(A)    Number Per Lot. Only one JADU is permitted on a single-family residential lot. A JADU is not permitted if another ADU already exists on the property.

(B)    Location. The JADU shall be constructed entirely within the existing walls of an existing single-family home and must incorporate an existing bedroom.

(C)    Size. The JADU shall not exceed 500 square feet in size.

(D)    Unit Access. The JADU shall include an exterior entrance that is separate from the main entrance to the single-family home. The exterior entry shall not be located on the front of the principal residence. If the exterior entry is on the second floor, the stairway shall not be located in the front of the principal residence. Interior access between the JADU and the principal residence is required, and can be a door equipped with a double lock. A second interior doorway may be provided for sound attenuation.

(E)    Sanitation. A JADU may include a bathroom, or may share bathroom facilities within the principal residence.

(F)    Kitchen. The JADU shall include an efficiency kitchen, which shall include all of the following:

(i)    A sink with a maximum waste line diameter of one and one-half inches.

(ii)    A cooking facility with appliances that do not require electrical service greater than 120 volts and that do not use natural or propane gas.

(iii)    A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The food preparation area may not be located in a closet.

(4)    Parking. No additional off-street parking shall be required beyond that required for the principal residence. The principal residence shall meet the current off-street parking standard in effect at the time the JADU is approved.

(5)    Building and Fire Code Requirements. For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate dwelling unit. No firewall separation or noise attenuation measures are required between the principal residence and the JADU. (Ord. 01-2017 § 1, 1-3-17; Ord. 08-2017 § 10, 6-6-17; Ord. 05-2018 § 14, 3-20-18; Ord. 23-2018 §§ 22, 23, 10-2-18.)

18.190.010 Adult-oriented businesses.

(a)    No adult-oriented business1 shall be established or located in any zoning district in the city other than CC-UO and CC-UN.

(b)    A “sexual encounter establishment”1 as that phrase is defined in Section 18.25.070(b)(4) is not permitted in any zoning district within the city of Fremont.

(c)    No adult-oriented business1 shall be established or located within 600 feet of any other adult-oriented business.

(d)    No adult-oriented business shall be established or located within 300 feet of any existing residential district, park, school, or religious facility.

(e)    The distances set forth above shall be measured from the footprint of that portion of the building or structure occupied by an adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures. When a religious facility use is located within a multitenant industrial building or structure, the measurement shall be made from the footprint of the adult-oriented business to the footprint of the religious facility. (Ord. 1373 § 12, 4-1-80; Ord. 1375 § 16, 5-6-80; Ord. 1386 § 81, 6-17-80; Ord. 3-2010 § 6, 1-26-10; Ord. 23-2018 § 24, 10-2-18. 1990 Code § 8-22130.)

18.190.020 Animal feed yards, commercial – Animal sales yards, commercial – Kennels for dogs or cats – Pig farms – Poultry farms.

Commercial animal feed yards, commercial animal sales yards, kennels for dogs or cats, structures or enclosures used to confine or feed poultry at a poultry farm and buildings, structures or areas confining pigs or swine shall be located no closer than 200 feet from any property line, and shall show that odor, dust, noise or drainage shall not constitute a nuisance or a hazard to adjoining property or uses and shall be in compliance with applicable state and federal laws pertaining to keeping of confined animals. (Ord. 87 § 8-22102; Ord. 1115 § 10, 10-12-76; Ord. 1386 § 81, 6-17-80; Ord. 21-2005 § 6(Exh. A-14), 7-26-05. 1990 Code § 8-22131.)

18.190.025 Assembly uses.

When the underlying zoning allows for consideration of the use:

(a)    The following standards apply to assembly uses1 located in residential districts:

(1)    Location. Assembly uses must be located on an arterial1 or collector1 street.

(2)    Minimum Lot Area.

(A)    Where the main assembly hall has been designed for a building and fire code capacity not to exceed 150 persons: four times the minimum lot area required for a residential lot in the same zoning district where the proposed use would be located.

(B)    Where the main assembly hall has been designed for a building and fire code capacity in excess of 150 persons: for each increment of up to 50 persons, the minimum lot area shall be increased by the minimum lot area required for a residential lot in the same zoning district where the proposed use would be located.

(3)    Building Setbacks. All yard setbacks shall be increased by one foot for each foot that the building exceeds 30 feet in height.

(4)    Parking and Circulation Area Setbacks. All parking and circulation areas shall be set back a minimum of 10 feet from property used for residential purposes.

(5)    Any exterior lighting shall be shielded from adjacent residential uses.

(6)    Hours of Operation. All assembly uses1 must start after 6:00 a.m. and end by 10:00 p.m. Limited exceptions may be authorized by a conditional use permit.

(7)    Noise Attenuation. A noise attenuation study shall be performed if the operation is proposed to occur prior to 6:00 a.m. or after 10:00 p.m. on an ongoing basis. The study shall identify recommendations to limit noise pollution.

(b)    The following standards apply to assembly uses1 located in nonresidential or mixed-use districts:

(1)    Minimum Lot Area.

(A)    Where the main assembly hall has been designed for a building and fire code capacity not to exceed 150 persons: 24,000 square feet or the minimum lot size required within the zoning district, whichever is greater.

(B)    Where the main assembly hall has been designed for a building and fire code capacity in excess of 150 persons: for each additional increment of up to 50 persons, the minimum lot area shall be increased by a minimum of 6,000 square feet above the base minimum required in subsection (b)(1)(A) of this section.

(2)    Hours of Operation. All assembly uses1 must start after 6:00 a.m. and end by midnight within a mixed-use building. Limited exceptions may be authorized by the approval authority.

(3)    Noise Attenuation. A noise attenuation study shall be performed if the operation is proposed to occur prior to 6:00 a.m. or after 10:00 p.m. when residential or mixed uses are located on or adjacent to the property. The study shall identify recommendations to limit noise pollution.

(4)    When a nonresidential district abuts a solely residential district:

(A)    All parking and circulation areas shall be set back a minimum of 10 feet from property used for residential purposes.

(B)    New buildings shall at minimum meet the minimum setback of the adjacent residential zone. Additionally, yard setbacks shall be increased by one foot for each foot that the assembly building exceeds 30 feet in height. Larger setbacks may be required as deemed necessary to mitigate any potential impacts.

(C)    Any exterior lighting shall be shielded from adjacent residential uses.

(c)    Applications for assembly uses1 involving sensitive populations1 authorized for consideration pursuant to Use Tables 18.50.090 for industrial districts and 18.49.040(a) for WSI districts shall include the following information in addition to the requirements outlined in Chapters 18.230 and 18.275, conditional use and zoning administrator permits:

(1)    The applicant shall provide a written description of the proposed operation of the use, including, but not limited to, the total number of occupants anticipated, and the type of activities proposed both as a main use and as an accessory use.

(2)    The applicant shall submit written verification to the city, obtained through consultation with the city of Fremont fire department hazardous materials division, that at the time of application submittal there are no incompatible hazardous occupancies (uses) located on, or immediately adjacent to, the subject site. For purposes of this section, “incompatible” means that the proposed location is on or immediately adjacent to a site with an existing hazardous materials facility in excess of Range 1 with Group A chemicals, or in excess of Range 3 with Group B or C chemicals as outlined in Section 18.190.220 (High intensity hazardous materials uses). If, after consulting with the hazardous materials division, it is determined that the proposed use meets this definition, then the applicant shall complete a thorough technical evaluation to determine if there are engineering or administrative controls available to mitigate the impacts of a hazardous materials release. If, after the evaluation, mitigation is not possible or feasible, then the use cannot be located on the subject site.

(3)    The applicant shall acknowledge through a written statement that the city shall notify property owners and tenants within 1,000 feet of the subject site of the application, within 30 days of receiving a complete application, in order to obtain initial input on the proposal.

(4)    The applicant shall acknowledge through a written statement that they are locating within an area that contains higher levels of noise, traffic, and exposure to hazardous materials. (Ord. 16-2015 § 43, 6-2-15; Ord. 04-2016 § 33, 3-1-16; Ord. 17-2016 § 28, 9-13-16; Ord. 23-2018 § 25, 10-2-18.)

18.190.027 Auto-related services and uses.

(a)    The following standards and regulations apply to all auto-related services and uses:

(1)    Parking. As provided in Chapter 18.183. Parking categories include: car wash, motor vehicle sales, service stations, and wrecking yards.

(2)    Recycling, Refuse and Waste Collection Areas – Trash Enclosures. As provided in Section 18.190.440. Facilities shall be designed with adequate sizing to address unique needs of automotive service uses including tire and fluid recycling storage.

(3)    Service Stations, Gasoline. As provided in Section 18.190.190.

(4)    Signs. As provided in Chapter 18.193.

(b)    The following standards apply to new and used auto sales with outdoor sales lots:

(1)    Site Design.

(A)    Automotive sales lots shall be set back a minimum of six feet from residential uses and residentially zoned properties.

(B)    All outdoor sales areas shall be paved and all impervious areas shall be provided with storm water treatment.

(2)    Walls/Fencing.

(A)    Outdoor sales lots shall be separated from residential uses and residentially zoned property by a six- to eight-foot-high masonry or concrete wall. All wall surfaces shall be textured or decorative in nature (e.g., split-face masonry units, textured concrete, or stucco surfaced).

(B)    Fencing in the front yard area, if provided, shall consist of a tubular steel or other decorative metal fencing with a 50 percent minimum transparency to allow for visibility into the site.

(C)    Fencing between the auto sales use and other non-residential uses shall be limited to eight feet in height.

(D)    Chain-link fencing, barbed, or razor wire are not permissible.

(3)    Lighting. A minimum of one foot-candle (and maximum average of 20 foot-candles) of lighting shall be provided for outdoor sales areas. Lighting shall be energy efficient LED lighting or equivalent with a color temperature between 2,700 and 3,000 K. All permitted lighting shall be arranged to direct onto the property from which the light originates and light cutoffs shall be employed to ensure that lighting does not spill over onto adjacent properties.

(4)    Services. Generally all auto services are to occur from within a building.

(5)    Storage. All storage areas shall be within a building or enclosed storage yard, screened from public or private streets.

(c)    The following standards apply to car washes:

(1)    Site and building design shall provide:

(A)    Sufficient length queue for vehicles entering a mechanized car wash and sufficient staging area after car wash if hand drying is proposed.

(B)    Containment of wash water and incorporation of wash water recycling facilities.

(2)    A noise attenuation study shall be required for mechanized car washes. The study shall inform the design of the facility with regards to orientation and noise attenuation measures.

(3)    Walls/Fencing.

(A)    Car washes shall be separated from residential uses and residentially zoned property by a minimum six-foot high masonry or concrete wall. Maximum wall height shall be determined by the noise study; however, every effort should be made to limit height to no more than eight feet by employing other techniques (e.g., car wash orientation, wing walls at the car wash exits, etc.). All wall surfaces shall be textured or decorative in nature (e.g., split-face masonry units, textured concrete, or stucco surfaced).

(B)    Fencing in the front yard area, if provided, shall consist of a tubular steel or other decorative metal fencing with a 50 percent minimum transparency to allow for visibility into the site.

(C)    Fencing between the auto use and other non-residential uses shall be limited to eight feet in height.

(D)    Chain-link fencing, barbed, or razor wire are not permissible.

(4)    Lighting. A minimum of one foot-candle (and maximum of two foot-candles) of lighting shall be provided for outdoor areas. Lighting shall be energy efficient LED lighting or equivalent with a color temperature between 2,700 and 3,000 K. All permitted lighting shall be arranged to be directed onto the property from which the light originates and light cutoffs shall be employed to ensure that lighting does not spill over onto adjacent properties. (Ord. 27-2016 § 28, 12-6-16; Ord. 23-2018 § 26, 10-2-18.)

18.190.030 Building height, increases in.

Increases in building height beyond the building height otherwise permitted in the zoning district may be granted pursuant to the provisions of Chapter 18.250. (Ord. 2045 § 123, 9-21-93; Ord. 5-2013 § 3, 5-7-13; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22132.5.)

18.190.040 Cemeteries, crematories, mausoleums and columbariums.

All cemeteries, crematories, mausoleums and columbariums shall provide entrances on an arterial with ingress and egress so designed as to minimize traffic congestion, and there shall be provided a minimum six-foot-high wall or minimum three-foot-thick, six-foot-high evergreen hedge, or a minimum of 20 feet of permanently maintained planting strip on all property lines abutting any residential district or roadway in a residential district. (Ord. 87 § 8-22104; Ord. 1386 § 81, 6-17-80; Ord. 2045 § 124, 9-21-93. 1990 Code § 8-22133.)

18.190.050 Community buildings, social halls, lodges, fraternal organizations and clubs.

Whenever located in any R district, any community building, social hall, lodge, fraternal organization or club shall meet the following requirements:

(a)    Yard Requirements. All buildings must be a minimum of 20 feet from the side lot lines, and 50 feet from the rear lot line.

(b)    Commercial Activity Limited. Retail sales for guests only shall be permitted, but there shall be no external evidence of any commercial activity, however incidental, nor any access to any space used for commercial activity other than from within the building.

(c)    Location on Arterial.1 Any such uses shall be located on an arterial or be able to provide access without causing heavy traffic on local residential streets. (Ord. 87 § 8-22106; Ord. 1386 § 81, 6-17-80; Ord. 2045 § 125, 9-21-93. 1990 Code § 8-22134.)

18.190.060 Condominium conversion – Residential projects.

(a)    “Residential Condominium Conversion Project” Defined. As used in this section, a “residential condominium conversion project” consists of the conversion of dwelling units on a single lot to a condominium, community apartment, townhouse or stock cooperative form of ownership.

(b)    Findings – Purpose. Cities and counties throughout California are experiencing an increase in residential condominium conversion applications. This section is enacted to revise the city’s existing requirements and procedures for the control and approval of conversion of existing multiple-family residential housing to residential condominium projects. By their unique character and requirements, conversions differ specifically from other subdivisions. On the one hand, conversions may support the city’s policy to encourage home ownership opportunities. On the other hand, conversions may have significant social, economic, and safety impacts. Conversions may affect the balance between rental and ownership housing within the city, and thereby reduce the variety of individual choices of tenure, type, price and location of housing; increase overall rents; decrease the supply of rental housing for all income groups, and displace individuals and families. In addition, conversion to multiple ownership prolongs the life of a building thereby increasing the need that it be brought into conformance with current building and safety codes.

This section is enacted to ensure that:

(1)    Residential condominium conversion projects are consistent with the housing element of the general plan and with state law;

(2)    The availability of rental units is generally maintained;

(3)    Residential condominium conversion projects meet certain physical and visual standards to ensure the public health, safety and welfare, and that purchasers of dwelling units in conversion projects are informed as to the physical conditions of the structure and on-site facilities;

(4)    A homeowners’ association is established to ensure a mechanism for funding the maintenance and replacement of all structural and operational components of the condominium project, including the structures, common spaces and facilities; and

(5)    Consistent with the Subdivision Map Act, tenants have been provided with adequate notice of the conversion, information relating to relocation, relocation benefits, and the opportunity to purchase the residential unit being converted.

(c)    Applicability, Exemptions. This section applies to residential condominium conversion projects creating three or more units. Residential condominium conversion projects which have a recorded final condominium map and which have a current, valid California Department of Real Estate public report approval as of the date this section is effective are exempt from the provisions of this section, but shall not otherwise be exempt from the provisions of this code.

(d)    Conditional Use Permit Required.

(1)    No person shall undertake a residential condominium conversion project without first obtaining a conditional use permit, as provided pursuant to Chapter 18.230, from the planning commission, or upon referral, the city council. However, the application requirements set forth in subsection (e) of this section are in place of the requirements of Chapter 18.230.

(2)    Unless otherwise exempt, a tentative and final tract map shall be required for all condominium conversion projects creating three or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing three or more parcels, or for the conversion of a dwelling to a stock cooperative containing three or more dwelling units.

(3)    In addition to other conditions, a use permit shall require the recordation of an agreement, in a form approved by the city, related to affordable units as required by subsection (f)(2) of this section.

(4)    The approving authority may not waive or modify a requirement of subsection (f) of this section unless it finds, by substantial evidence, all of the following: that the modification or waiver will not be materially detrimental to the proposed residents of the property or to residents of surrounding properties, or to the public health or safety, and that the modification or waiver helps implement the goals of the housing element.

(5)    In planned district (P) zones, the planned district minor amendment process may not be used for the purpose of varying from the requirements as set forth in subsection (f) of this section. A planned district minor amendment may be required in addition to a conditional use permit in such zones to address varying setback standards attributable to a condominium subdivision.

(6)    For a condominium conversion project for which a tentative map has been approved, but for which a final map has not been recorded, a conditional use permit for such condominium conversion shall expire concurrently with the expiration of the tentative map.

(e)    Applications. Each application for a condominium conversion shall include the following:

(1)    Accurately dimensioned site plans showing the property lines, existing topography of the site, and the location of all existing easements, structures, setbacks, parking, trash enclosures, fences and other improvements. A California-licensed engineer and/or land surveyor must prepare such site plans.

(2)    A list showing the percentages of open space, building coverage, parking and circulation areas. Parking information shall include the total number of parking spaces, covered and uncovered spaces, compact spaces, guest spaces and accessible parking spaces.

(3)    Scaled development plans showing typical floor plans and building elevations. A California-licensed architect must prepare such plans.

(4)    An inspection document, prepared by a team of licensed professionals (i.e., architects, contractors, engineers and other disciplines appropriate to the inspection), or other professional(s) as approved by the community development director, evaluating the physical conditions of the development (including residential units and common areas) such as the foundation, wall sections, pest damages and sound insulation, and including any deficiencies or deviations from conformance with current applicable codes in electrical, plumbing, structural integrity, smoke detectors, mechanical equipment (including but not limited to heating and air conditioning and elevators), and security regulation standards. This document shall include a statement regarding remaining years of viable use for such items, including but not limited to the roofing system and mechanical equipment. The community development department shall establish a template or outline for the inspection document to ensure that all relevant conditions are evaluated.

(5)    A statement of repairs, improvements and architectural changes the applicant intends to make before conveyance of the units, and plans showing all of such.

(6)    The proposed organizational documents. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the state of California pursuant to Cal. Civ. Code Division 2, Part 4, Title 6 (Condominiums), or other state laws or policies, the organizational documents shall provide for the following:

(A)    Conveyance of units;

(B)    Assignment of parking and management of common areas within the project;

(C)    A proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and indicating the association fees needed for the operating budget and the reserve fund;

(D)    A pro forma balance sheet of the association;

(E)    A provision that the annual assessments to members of the association shall provide for penalties for late payments and reasonable attorneys’ fees and costs in the event of default by members;

(F)    Provisions to allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties after the association assumes control of the project or anytime thereafter.

(7)    A detailed written statement that explains how the conversion project proposes to address each of the items listed in subsection (f) of this section.

(8)    Two copies of a current preliminary title report.

(9)    Any other information deemed necessary by the planning manager.

(f)    Requirements. Residential condominium conversion projects shall conform to applicable standards and requirements of local and state codes, the Subdivision Map Act, and the following:

(1)    Zoning and General Plan. The residential use and density shall be consistent with the general plan land use designation and zoning district in which the project is located. If project density, taking into account an allowance for prior project dedications, exceeds the currently allowable density, prior dedications of land for public rights-of-way may be included in site area to determine density.

(2)    Affordable Housing. A residential condominium conversion with two or more residential units is subject to the affordable housing requirements of Chapter 18.155.

(3)    Noise and Vibration. The interior and exterior sound transmission standards shall be those in effect at the time of conditional use permit approval, pursuant to California Code of Regulations Title 24, Part 2, California Building Code Appendix, Chapter 12, Division IIA, “Sound Transmission Control,” and the city subdivision ordinance, Chapter 17.25. All mechanical equipment, including appliances, which are a source of vibration or noise shall be shock-mounted and isolated from the floor and ceiling to minimize the transmission of vibration and noise.

(4)    Utilities.

(A)    Each dwelling unit shall have separate gas and electric metering. Each unit shall have its own panel board for all electrical circuits which serve the unit.

(B)    Each dwelling unit shall have separate water service metering. A water shut-off valve shall be provided for each unit or for each plumbing fixture.

(5)    Trash Enclosures. Trash enclosures shall be provided in accordance with Section 18.190.440.

(6)    Parking. The project must comply with the off-street parking and loading requirements of Chapter 18.183, and with city standards for private streets.

(7)    Storage Space. The project must include at least 100 cubic feet of storage space for each residential unit (excluding interior closet space). Storage space shall be waterproof and lockable and may be located in such areas as garages, carports, enclosed balcony closet areas, or commonly owned and accessible storage areas.

(8)    Laundry Facilities. Laundry facilities shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

(9)    Smoke Alarms. Smoke alarms shall be installed in individual units and in common hallways, subject to approval by the building and safety division. Smoke alarms shall be interconnected and shall receive their primary power from the building wiring and shall be equipped with a battery backup.

(10)    Repairs and Restoration. All exterior common areas shall be refurbished to a condition reasonably acceptable to the community development director or designee. “Reasonably acceptable” shall mean that the following items shall be functional for their purpose and be repaired and/or replaced to ensure a relatively maintenance-free period of at least 10 years from the date of conditional use permit approval:

(A)    Vehicular and pedestrian ways, including cracked, uplifted, depressed or otherwise damaged or dilapidated pavement sections.

(B)    Landscaping, including but not limited to plant materials, irrigation systems, fencing, benches, play equipment, arbors, trellises, fountains, and similar features.

(C)    Utility services, including but not limited to water, sanitary sewer, storm drainage, gas, electric, and cable or satellite facilities and their appurtenant meter boxes, vaults and screening devices.

(D)    Accessory structures, including but not limited to trash enclosures, storage buildings, pools, and equipment enclosures.

(E)    Roofing systems and building exteriors including but not limited to roofing and siding materials, glazing, and chimneys.

(11)    Electrical. Electrical system grounding and equipment grounding shall be provided and electrical receptacle protection shall be upgraded to include ground fault circuit interrupter (GFCI) protection. GFCI protection shall comply with the prevailing code requirements.

(12)    Security. The condominium project shall be modified to comply with the building security regulations set forth in Chapter 15.50.

(13)    Structural Standards and Automatic Fire Extinguishing Systems (AFES). All condominium conversion residential projects shall be evaluated for compliance with current building and fire codes and local ordinances. The city strongly encourages that compliance be achieved as part of the project. If the applicant declines to make such improvements, the applicant shall fully disclose to potential buyers the lack of such improvements on a form and in a manner reasonably acceptable to the city.

(14)    Earthquake Hazard Reduction Requirements in Existing Wood Frame Residential Buildings with Soft, Weak or Open-Front Walls. For all residential condominium conversion projects containing soft-story construction as specified in Section 15.75.040, compliance with the investigation, analysis, performance and retrofit requirements of Chapter 15.75 as set forth in Section 15.75.060(a) is mandatory.

(15)    Warranties. The project owner shall provide to each buyer, or to the homeowners’ association, as applicable, a one-year warranty on all of the following: appliances in each unit or other common area facility, electrical and plumbing, ventilation equipment, heating and air conditioning systems, and elevator(s) as applicable to the development.

(16)    Homeowners’ Association.

(A)    A homeowners’ association shall be established in recorded conditions, covenants and restrictions (“CC&Rs”). Such association shall be responsible for all common areas, including but not limited to landscaping, trash enclosures, plumbing, smoke alarms, electrical wiring, utility charges and building exteriors. The applicant shall provide an initial reserve fund for the association equal to three years’ annual maintenance costs. The annual maintenance costs shall be as determined by the State Department of Real Estate regulations.

(B)    For any project consisting of 20 or more dwelling units, the association shall be required to contract with a professional management firm to handle management operations and collection procedures. A “professional management firm” means a business entity that is licensed or otherwise accredited consistent with state law as a property management organization or an individual who is certified in managing a condominium or other project within the scope of this section.

(17)    Tenants’ Notices and Rights – Relocation.

(A)    Tenants’ Notices and Rights. The applicant shall give tenants and prospective tenants written notice of the intention to convert to condominiums as required by state law (Cal. Gov’t Code § 66427.1). In addition to offering tenants the right of first refusal to purchase, as required by state law, the applicant shall also:

(i)    Refrain from any rent increases during the 180-day notice period required by state law before termination of tenancy.

(ii)    Offer a five percent purchase price discount to any tenant who has resided in the unit in good standing for a minimum of two years prior to the date the written notice of intent to convert is provided pursuant to subsection (f)(17)(A) of this section. Fewer cosmetic upgrades to the interior of units may be credited towards the purchase price discount, upon proposal by the applicant and approval by the planning commission, but in no case may common area facilities or health, safety, noise or vibration standards be compromised. Examples of cosmetic upgrades include the quality of interior finishes such as countertops, flooring and wall/window covering materials. Cosmetic upgrades may also include such items as warranted used instead of new appliances and refurbished rather than new wall cabinets. The city will provide a home ownership education program for those tenants who elect to contract for purchase.

(B)    Relocation Assistance.

(i)    Information to Tenants. The applicant shall provide relocation information to tenants, updated monthly, consisting of data indicating the current and continually available, competitively priced, decent, safe and sanitary dwelling units in the city of Fremont and other adjacent or nearby cities as necessary.

(ii)    Relocation Subsidy. The applicant shall provide financial relocation assistance to each tenant who has resided in a unit in good standing for a minimum of one year prior to the date the written notice of intent to convert is provided pursuant to subsection (f)(17)(A) of this section. The subsidy shall be limited to one assistance payment per unit. An assistance payment shall equal three times the monthly rent in effect at the time notice is given. This assistance cannot include the first or last month’s rent or cleaning or security deposit. The assistance payment is due to the tenant within five days after the tenant vacates the unit, or sooner if agreed in writing by both parties.

(iii)    Special Relocation Subsidy for Senior Tenants. For purposes of this subsection, a “senior” is defined as a person who is 62 years or older on the date the written notice of intent to convert is provided pursuant to subsection (f)(17)(A) of this section. When a senior tenant has resided in a unit in good standing for a minimum of two years prior to the date the written notice of intent to convert is provided pursuant to subsection (f)(17)(A) of this section, the applicant shall offer the senior tenant the choice of either receiving (a) a relocation assistance payment equal to five times the monthly rent in effect at the time notice is given, or (b) an extended lease for up to five additional years. If the senior tenant chooses to extend the lease, the amount of relocation subsidy shall be reduced by one monthly payment for each year the lease is extended, so that if the senior tenant extends the lease for five years, he or she shall receive no relocation assistance payment at the end of such term. This assistance cannot include the first or last month’s rent or cleaning or security deposit. The subsidy shall be limited to one payment per unit. In the event of the death of a qualifying senior tenant after the notice is given, the special relocation benefits shall inure to any other resident member of the household who was living with the senior tenant at the time notice was given.

(iv)    One Relocation Subsidy per Unit. The applicant shall be required to pay only one relocation subsidy per unit, regardless of the number of persons living in the unit, or the type of relocation benefit provided (i.e., senior tenant or nonsenior tenant).

(g)    Annual Conversion Cap and Unit Allocation Process.

(1)    No more than 100 apartment units shall be approved for conversion in any calendar year, except the planning commission may assign unused allocations from the immediately prior year and may also borrow up to 20 units in allocations from future years to (A) facilitate completion of a project in one phase or one less phase than would otherwise be possible; or (B) promote a higher degree of affordability than is required by the city’s affordable housing ordinance. An unused allocation from a prior year may only be carried over and used during the next calendar year if, at that time, the apartment vacancy rate for the city is greater than five percent. If an allocation is not used in the next subsequent calendar year, it shall expire.

(2)    The planning division shall track both used and unused allocations. During February of each calendar year, the planning manager shall issue a statement as to the availability of residential condominium conversion allocations for the current calendar year as well as the four following calendar years. In addition, the planning manager shall indicate the current apartment vacancy rate, the number of units of rental housing produced and the number of apartment units converted in the prior five calendar years. This information shall also be included in the annual report on the general plan and housing element.

(3)    Applications for residential condominium conversion projects shall be accepted by the city between March 1st and March 15th of the current calendar year if unit allocations are available for the current year.

(4)    Projects with more than 100 units may request and be approved for phased final maps and annual allocations over one to five calendar years.

(5)    The planning commission may choose to allocate all or a part of a requested allocation. The planning commission may divide the available allocations between projects over a period not to exceed five years.

(6)    If more than one application is received, the planning commission shall prioritize those proposal(s) that provide the highest percentage of affordable units or the highest degree of affordability in excess of the basic applicable affordable requirement. The planning commission may also include the following factors in making their determinations:

(A)    The degree to which the building and/or complex refurbishments will comply with “green” building practices; and

(B)    The degree to which the overall conversion project will promote general plan and redevelopment goals.

(7)    If the planning commission has previously granted approval of conversion applications and has allocated conversion units for five calendar years into the future, no further applications shall be accepted or considered until the next calendar year.

(8)    The planning commission may consider a reallocation of units for a given year when an applicant is unable to utilize an allocation and there are other developers that are ready to proceed in a given year.

(h)    Findings. The planning commission shall review the conditional use permit application for a residential condominium conversion and make all of the following findings before approving a project:

(1)    The conditional use permit findings required in Section 18.230.070(a), (e), (f) and (g) have been met;

(2)    The requirements in Section 18.190.060(f) have been met or waivers or modifications have been authorized; and

(3)    The total number of residential condominium unit conversions for the calendar year is consistent with the limitations set forth in subsection (g) of this section. (Ord. 442 § 2; Ord. 1332 § 6, 6-26-79; Ord. 1344 §§ 1, 2, 10-16-79; Ord. 1386 § 81, 6-17-80; Ord. 1560 § 15, 6-7-83; Ord. 1619 § 5, 8-14-84; Ord. 1680 § 1, 8-13-85; Ord. 1692 § 1, 9-24-85; Ord. 1688 § 2, 9-17-85; Ord. 1710 § 1, 1-21-86; Ord. 2040 § 5, 7-27-93; Ord. 2506, Exh. A § 16, 7-22-03; Ord. 19-2006 § 1, 10-3-06; Ord. 10-2007 § 26, 5-1-07; Ord. 13-2010 § 2, 6-15-10; amended during 2012 reformat; Ord. 27-2016 § 29, 12-6-16; Ord. 23-2018 § 27, 10-2-18. 1990 Code § 8-22135.)

18.190.070 Condominiums and stock cooperatives for commercial, industrial and nonresidential uses.

(a)    Definitions – “Project” Defined. As used in this section, a project consists of either:

(1)    The construction of commercial, industrial or nonresidential condominiums or buildings to be held by stock cooperatives; or

(2)    The conversion of buildings to commercial, industrial or nonresidential condominium or stock cooperative form of ownership.

(b)    Purpose. The purpose of this section is to encourage cohesive development and management of a property when there are both individual and common ownership interests while ensuring that:

(1)    Projects meet physical and visual standards to ensure the public health, safety and welfare, and that purchasers of units in the project are informed as to the physical conditions of the structure and on-site facilities;

(2)    A property owners’ association is established to warrant the continued viability of the project, avoid conditions of neglect and blight, retain aesthetic consistency and conformity, and ensure a mechanism for funding the maintenance and replacement of all structural and operational components of the project, including the structures, common spaces and facilities; and

(3)    Long-term planning for transit-oriented development (TOD) opportunities are not undermined by fragmented ownership that is likely to create or perpetuate a pattern of low-scale or under-utilized development.

(c)    Conditional Use Permit Required.

(1)    A conditional use permit shall be obtained prior to undertaking or establishing a project as provided in Chapter 18.230. All terms and conditions of Chapter 18.230 shall apply unless modified herein.

(2)    Unless otherwise exempt, a tentative map approval, concurrent with the conditional use permit approval, shall be required for all projects.

(3)    The approving authority may not waive or modify a requirement of subsection (d) of this section unless it finds by substantial evidence that the modification or waiver will not be materially detrimental to the existing or proposed tenants or owners of the property or surrounding properties, or to the public health or safety.

(4)    In planned districts, the planned district minor amendment process may not be used for the purpose of varying from the requirements set forth in subsection (d) of this section. A planned district minor amendment may be required in addition to a conditional use permit in such districts to address variations between a proposed project and the standards of that district.

(5)    Each application for a project shall include a current inspection document evaluating the physical condition of the structures, services and facilities; an evaluation of opportunities to increase energy efficiency and resource conservation including, but not limited to, plumbing, lighting, roofing, insulation, landscaping and irrigation; and a statement of repairs, improvements and energy efficiency measures to be undertaken as part of the project.

(6)    A planned sign program approval pursuant to Chapter 18.193, concurrent with the conditional use permit, shall be required for all projects.

(d)    Requirements. Projects shall conform to the applicable standards and requirements of local and state codes, including the Subdivision Map Act, and all of the following:

(1)    Zoning and General Plan. The proposed mix of uses, arrangement, and size of spaces shall be consistent with the general plan land use designation and zoning district in which the project is located.

(2)    Noise and Vibration. All permanent mechanical equipment, which is a source of vibration or noise, shall be shock-mounted and isolated from the floor and ceiling to minimize the transmission of vibration and noise to existing or potential residential uses within the same building.

(3)    Trash Enclosures. Trash enclosures shall be provided in accordance with Section 18.190.440. For projects that contemplate the potential of food service, trash enclosures shall be designed to accommodate such facilities.

(4)    Parking. The project must comply with the off-street parking and loading requirements of Chapter 18.183.

(5)    Transit Service Information. Information display(s) shall be located on site in areas visible to both employees and customers, including but not limited to posting of transit service maps and schedules, rideshare opportunities, Spare the Air Alerts, and information from 511.org or similar service.

(6)    Property Owners’ Association.

(A)    A property owners’ association shall be established in recorded covenants, conditions and restrictions (“CC&Rs”). The association shall be responsible for maintaining and paying for all common facilities, including but not limited to landscaping, parking areas, trash enclosures, plumbing, electrical wiring, utility charges and building exteriors. The applicant shall provide an initial reserve fund for the association equal to five years of estimated replacement and repair costs, excluding day-to-day maintenance costs.

(B)    The association shall contract with a professional management firm to handle management operations and collection procedures. A “professional management firm” means a business entity that is licensed or otherwise accredited consistent with state law as a property management organization or an individual who is certified in managing a condominium or other project within the scope of this section.

(C)    The association shall maintain up-to-date parking and use information for each unit. This information must be furnished to the city during any proposed development or use changes on the project site.

(D)    The association shall maintain trash enclosures and shall be responsible for the payment of refuse and recyclable collection fees.

(E)    The association shall participate in established or required transportation demand management (TDM) programs.

(7)    Covenants, Conditions and Restrictions. In addition to such CC&Rs that may be required by the California Department of Real Estate pursuant to Cal. Civ. Code Division 2, Part 4, Title 6, or other state law or policies, and in addition to other local requirements, the organizational documents shall provide for all of the following:

(A)    Conveyance of units;

(B)    Restrictions on uses consistent with city zoning regulations and conditions of approval;

(C)    Standards promoting a high quality and professional physical appearance and cohesive operation of the project in a manner that avoids deteriorating and inconsistent conditions including but not limited to design, architectural treatments and features, and signage;

(D)    Assignment of storage;

(E)    A proposed annual operating budget containing adequate funds to pay for ongoing operational needs and upkeep and set asides for reserve funds that together at a minimum include all of the following:

(i)    Regular maintenance and cleaning, insurance, and security of the project common areas;

(ii)    An annual marketing program for the promotion of the project; and

(iii)    Reserve funds for major anticipated maintenance, repair or replacement expenses, including major site and/or architectural rehabilitation if the project includes retail condominiums;

(F)    A pro forma balance sheet of the association;

(G)    A provision that the annual assessments to members of the association shall provide for penalties for late payments and reasonable attorneys’ fees and costs in the event of default by members;

(H)    Provisions to allow the association to terminate the contract of any person or organization engaged by the initial applicant to perform management or maintenance duties after the association assumes control of the project or anytime thereafter; and

(I)    All city requirements and applicable CUP conditions within one section of the CC&Rs, with city requirements taking precedence over any conflicting language within other sections.

(8)    Conversion projects shall conform to the following additional standards and requirements:

(A)    Accessibility. The applicant is encouraged to modify project site and building improvements prior to the issuance of a conditional use permit in order to conform with current adopted accessibility standards of the building code, including, but not limited to, upgrades of front entrances and bathrooms, ramp installations, and accessible parking spaces. If the applicant declines to make such encouraged improvements, the applicant shall disclose to prospective buyers the lack of such improvements on a form and in a manner reasonably acceptable to the city.

(B)    Repairs and Restoration. All exterior common areas shall be refurbished to a condition reasonably acceptable to the community development director or designee. “Reasonably acceptable” shall mean that all of the following items shall be functional and/or replaced to ensure a relatively maintenance-free period of at least five years from the date of issuance of the conditional use permit:

(i)    Vehicular and pedestrian ways, including cracked, uplifted, depressed or otherwise damaged or dilapidated pavement sections;

(ii)    Landscaping, including but not limited to plant materials, irrigation systems, fencing, benches, arbors, trellises, fountains and similar features;

(iii)    Utility services, including but not limited to water, sanitary sewer, storm drainage, gas, electric and cable or satellite facilities and their appurtenant meter boxes, vaults and screening devices;

(iv)    Accessory structures, including but not limited to parking garages, trash enclosures, shopping cart storage, storage buildings, recreational structures and equipment enclosures;

(v)    Roofing systems and building exteriors, including but not limited to roofing and siding materials, glazing, awnings, and chimneys; and

(vi)    Exterior lighting systems.

(C)    Security. All buildings in the project shall be modified to comply with the building security regulations set forth in Chapter 15.50.

(D)    Screening of Roof-Mounted Equipment. All roof-mounted equipment shall be shielded from public view by appropriate screening devices.

(E)    Structural Standards and Automatic Fire Extinguishing Systems (AFES). All condominium conversion projects shall be evaluated for compliance with current building and fire codes and local ordinances for the range of uses contemplated for the project. The city strongly encourages that compliance be achieved as part of the project improvements prior to the issuance of a conditional use permit. If the applicant declines to make such improvements as part of the conditional use permit, the applicant shall fully disclose to prospective buyers the lack of such improvements on a form and in a manner reasonably acceptable to the city. The applicant shall also disclose to prospective buyers that tenant improvements may be subject to current building, fire and life safety standards, including AFES and seismic reinforcement.

(F)    Energy and Resource Conservation. The project shall comply with applicable city standards related to energy efficiency and resource conservation.

(G)    Warranties. The applicant shall provide to each buyer, or to the property owners’ association, as applicable, a one-year warranty on all of the following: electrical, plumbing, heating and air conditioning systems, ventilation equipment, and elevator(s), as applicable to the development.

(H)    Floor Area Ratio. The project shall conform to applicable minimum and maximum floor area ratio (FAR) and intensity of use policies of the general plan.

(e)    Findings. The planning commission shall review the conditional use permit application for the project and make all of the following findings before approving a project:

(1)    The conditional use permit findings required in Section 18.230.070(a), (b), (e), (f) and (g) have been met. Factors to consider in evaluating the suitability and adequacy of a site under Section 18.230.070(b) may include:

(A)    Building orientation and arrangement, such as to the street and adjacent properties;

(B)    Whether unit sizes are typical and customary in the zoning district;

(C)    Adjacent uses to the proposed site; and

(D)    The useful life of the project site and its buildings;

(2)    The project meets applicable physical standards to ensure the public health, safety and general welfare, and purchasers of units in the project will be informed as to the physical conditions of the structure and on-site facilities;

(3)    A property owners’ association will be established to ensure the continued viability of the project and its cohesive operation; and

(4)    The requirements in subsection (d) of this section have been met or waivers or modifications have been authorized. (Ord. 23-2009 § 2, 12-15-09. 1990 Code § 8-22135.1.)

18.190.080 Construction yards, temporary.

Construction yards, as defined in this title, shall be allowed in any district, subject to the following requirements, restrictions, limitations and standards:

(a)    Permit Required. No such use shall be established or maintained unless and until there has been issued and there is in full force and effect an approved zoning administrator permit. The application for any such permit shall be in writing, and shall have appended thereto a plot plan showing:

(1)    The location of the construction yard and the area it will serve;

(2)    The yard’s relationship to streets giving access thereto; and

(3)    The land uses in the immediate vicinity of the yard.

The application shall also contain a general statement as to the purpose and extent of the yard and the activities to be conducted thereon, and of the powered machines which will be operated thereon. The zoning administrator further may require the submission of such other information as is deemed necessary to process the application.

(b)    Fencing May Be Required. Whenever the zoning administrator deems it necessary in order to protect the peace, health, safety or welfare of other persons in the vicinity or of the general public, a construction yard permit may carry a condition requiring the yard to be wholly or partly enclosed by fencing of such material and construction as is necessary to provide said protection of peace, health, safety or welfare.

(c)    Cleanup of Premises. No such permit shall be issued unless and until the applicant therefor has signed an agreement that upon cessation of the use under the permit, the premises involved will promptly be cleaned up and returned to substantially the same condition as existed prior to commencement of such use. It may be required, in the discretion of the zoning administrator, that such agreement be accompanied by a prescribed sum as a deposit, which deposit may be used to defray the costs of the city’s cleaning the premises in the event the permit holder defaults upon the agreement as aforesaid, and that the agreement appropriately provides for the city to enter upon the property for such purposes.

(d)    Permit Period Limited. The initial permit for a construction yard shall be issued to be effective for a period of two years or such lesser period as the zoning administrator deems necessary to serve the applicant’s purpose. Such permit is subject to renewal for additional one-year periods.

(e)    Issuance of Permit. In approving issuance of the necessary permit, the zoning administrator shall have the authority and duty to impose such reasonable conditions and restrictions as are, in his/her discretion, necessary or advisable in order to protect the peace, health, safety and general welfare of persons or property in the vicinity, or of the general public; provided, however, that the zoning administrator may deny an application for a permit in any case where he/she finds that the issuance thereof, even with conditions and restrictions, would be unduly detrimental to the peace, health or welfare of other persons or properties, private or public, in the vicinity, or to the public interests.

(f)    Reports from Other Departments. Before approving any such permit, the zoning administrator shall refer copies of the application therefor to such other city departments and public agencies as the city manager may from time to time direct. Such referral shall be for the purpose of receiving reports, recommendations or protests from such other departments or agencies concerning such applications. The failure of any such department or agency to respond or report within 10 days shall be deemed to indicate no protest against the application by the department or agency to which such referral has been made. Except as to the directions issued by the city manager, any such report, recommendation or protest shall be advisory only, insofar as the final action on the application by the zoning administrator is concerned.

(g)    The permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to the findings specified in Section 18.330.070(c), the permit may be revoked or modified if one of these additional findings is made:

(1)    The necessity for such permit has terminated;

(2)    The activities at the construction yard have substantially exceeded those set forth in the application permit, or the yard has been used substantially to service areas not encompassed within the plot plan pursuant to which the permit was issued;

(3)    There exists any state of facts which would have been good reason to deny issuance of the permit when applied for, regardless of when such state of facts arose;

(4)    The protection of the health or safety of any person or the general public, or the protection of the rights of any person to peaceable and unmolested enjoyment of his/her property requires such revocation; or

(5)    The activities at the construction yard have substantially exceeded those set forth in the application permit, or the yard has been used substantially to service areas not encompassed within the plot plan pursuant to which the permit was issued.

(h)    Effective Date of Permit. Any such permit issued by the zoning administrator shall not be effective for 10 days following its issuance. (Ord. 382 § 10; Ord. 532 § 1; Ord. 832 § 28, 4-20-71; Ord. 1099 § 14, 5-25-76; Ord. 1209 § 1, 11-1-77; Ord. 1386 § 81, 6-17-80; Ord. 1683 § 30, 8-27-85; amended during 2012 reformat; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22136.)

18.190.090 Country clubs and golf courses.

The following regulations and requirements shall apply to country clubs and golf courses:

(a)    Location of Buildings. No building shall be located within 100 feet of any property line.

(b)    Location of Restaurants. Facilities such as restaurants and bars may be permitted when occupying an integral part of a main structure and there is no exterior display or advertising.

(c)    Location of Recreation Facilities. Golf fairways, swimming pools, tennis courts, and the like shall be located not less than 25 feet from any property line, and adjoining property in any R district or C district shall be effectively protected by a wall, hedge and/or heavy screen planting. (Ord. 87 § 8-22107; Ord. 1386 § 81, 6-17-80. 1990 Code § 8-22137.)

18.190.095 Cultivation of medical marijuana a prohibited use – Amortization.

Repealed by Ord. 08-2017. (Ord. 12-2014 § 2, 3-4-14; Ord. 02-2016 § 3, 1-12-16.)

18.190.098 Delivery of medical marijuana a prohibited use.

Repealed by Ord. 08-2017. (Ord. 02-2016 § 3, 1-12-16.)

18.190.100 Dispensaries for medical marijuana a prohibited use.

Repealed by Ord. 08-2017. (Ord. 16-2006 § 2, 7-25-06; Ord. 12-2014 § 3, 3-4-14. 1990 Code § 8-22137.1.)

18.190.110 Drive-in and drive-through enterprises.

(a)    Drive-in and drive-through enterprises shall be designed so as not to unduly interfere with the vehicular and pedestrian circulation system of the surrounding areas and the pedestrian travel on sidewalks or between the project’s parking area and the use’s entrance. The site design shall be compatible with and, if appropriate, contribute to such circulation system.

(b)    In cases where a drive-in or drive-through enterprise is located adjacent to, or across a street from, an existing residential use, or a lot designated for residential use in the general plan, the approval authority shall consider the following special design controls:

(1)    Special buffer landscaping.

(2)    Control of lighting.

(3)    Control of hours of operation.

(4)    Special control of signing through a master sign program.

(5)    Special screening along common property lines. A masonry wall or wholly durable screening along the common property line, with a minimum height of six feet, shall be provided so that the residential property may be protected to the extent possible from any noise, fumes, light or dust which may emanate as a result of the enterprise use.

(c)    Drive-in or drive-through enterprises shall not be located within D, TC-P, WSI-2, -3, -4, -4A, -5, -6, -7, -8, -9, and -10 districts. Nor may an enterprise be allowed as part of a mixed-use building within any district. With the exception of drive-through pharmacies, other enterprises shall not be located within the CC districts.

(d)    A public hearing for a permit to establish or modify a drive-in or drive-through enterprise shall be noticed in accordance with Section 18.320.050.

(e)    At least 20 percent of the net area of a drive-in or drive-through enterprise site, excluding public rights-of-way and easements for the use of the general public, shall be improved with well-maintained landscaping elements. These elements may include, but are not limited to, plant materials, street furniture (such as benches and kiosks), and decorative surfaces (including variation in color and texture); provided, however, that such “hard decorative surfaces” shall not constitute more than five percent of the total area required to be landscaped.

(f)    Driveways for drive-in or drive-through enterprises which are developed as part of or in conjunction with adjacent land uses shall be located as part of the total circulation element of such adjacent uses.

(g)    A drive-in or drive-through enterprise located at a street intersection where signals are either in place or planned to be installed in the future may be required to install or bear the expense of installing functional “call detectors” for the benefit of drive-in patrons so that traffic exiting from the drive-in can be detected by the signal system.

(h)    The siting and architectural character of a drive-in or drive-through enterprise shall be compatible with the character of the area in terms of materials and color treatment, roof line, building mass and configuration, pedestrian orientation and other elements so that architectural continuity is achieved. (Ord. 2045 § 126, 9-21-93; Ord. 9-2014 § 28, 3-4-14; Ord. 04-2016 § 34, 3-1-16; Ord. 23-2018 § 28, 10-2-18. 1990 Code § 8-22137.5.)

18.190.120 Drive-in theaters.

All drive-in theaters shall be located on arterials.1 There shall be provided ingress and egress so designed as to minimize traffic congestion. They shall be located sufficiently distant from any residential district or existing dwelling, and so screened from such district or dwelling that any noise shall not disturb residents, and lighted signs and other lights shall be maintained in such a way as not to disturb neighboring residents. (Ord. 87 § 8-22108; Ord. 1386 § 81, 6-17-80; Ord. 2045 § 127, 9-21-93. 1990 Code § 8-22138.)

18.190.130 Dwelling groups.

(a)    Area of Lot. The area of the lot on which any dwelling group is to be erected shall be at least equal to the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group.

(b)    Distance Between Buildings. In each case where the buildings are not attached, the distances between principal buildings shall be not less than the sum of the least widths of side yards required for the district in which the dwelling group is to be located.

(c)    Yard Requirements. The distance between principal buildings, whether attached or detached, and the nearest lot lines other than a front lot line, shall not be less than that required for a principal building in the district in which located. The front setback shall be that of the zoning district in which located.

(d)    Other Requirements.

(1)    Except as modified in this section, such dwelling group shall conform to all the requirements of this title for the district in which it is to be located.

(2)    A design review permit is required.

(3)    Whenever the area of the lot on which any dwelling group is to be erected is one or more acres, the owner shall record with the county recorder a notice, satisfactory to the city attorney and containing a legal description of the lot and a statement that the lot has been developed as a dwelling group pursuant to this title, prior to the issuance of a building permit for such development. (Ord. 87 § 8-22109; Ord. 296 § 6; Ord. 470 § 1; Ord. 524 § 2; Ord. 1386 § 81, 6-17-80; Ord. 1759 § 99, 1-6-87; Ord. 9-2014 § 28, 2014. 1990 Code § 8-22139.)

18.190.140 Eating places.

Any eating place, when located contiguous to or within one-quarter mile of a residential district or an area designated as future residential on the general plan, shall have filters and screens installed to reduce the emission of cooking odors and particulates from the food preparation activities, insofar as is technically feasible. Technical performance data on proposed odor-control equipment shall be supplied to the zoning administrator for determination of suitability. (Ord. 1386 § 82, 6-17-80; Ord. 9-2014 § 28, 2014. 1990 Code § 8-22140.)

18.190.150 Emergency shelters.

(a)    Where Located. Emergency shelters1 are a permitted use in the I-S district, and may be considered in R‑3, R-G, C-O, C-N, C-G, MX, TC-P, TC-T, I-T, I-G, and WSI-1, -3, -4, -8 and -9 districts subject to a conditional use permit. Emergency shelters that are operated as a temporary shelter by a public or quasi-public organization on a given site for no more than one month at a time and no more than four times during a 12-month period may also be considered in the R-1 and R-2 districts subject to a conditional use permit.

(b)    Conditional Use Permit Application. When a conditional use is required by this section, no such use shall be established or maintained unless and until a conditional use permit has been issued and is in full force and effect. The application for the permit shall be in writing and shall include the requirements of Section 18.230.030 and the following additional information:

(1)    Facilities and operation description (size, number and type of accommodations).

(2)    The maximum number of occupants/individuals to be served on the site.

(3)    The amount of open space per occupant proposed, plus total square footage of open space.

(4)    Description and qualifications of agency operating the facility.

(c)    A design review permit approval is required for all new structures, site improvements, and exterior remodeling for emergency shelter.

(d)    Performance Standards. All emergency shelters shall comply with the following:

(1)    Proximity to Other Emergency Shelters. Three hundred feet from any other emergency shelter.

(2)    Hours of Operation. Facilities shall establish set hours for client intake and discharge.

(3)    Maximum Number of Beds. Temporary emergency shelters operated by a public or quasi-public organization as described in subsection (a) of this section are limited to 40 beds. All other emergency shelters are limited to 100 beds.

(4)    Parking. A minimum of three parking spaces, plus one additional parking space per 10 beds. In addition, one parking space per 250 square feet for supportive services and offices.

(5)    Yards. Yards shall conform with the zoning district yard requirements in which it is located.

(6)    On-Site Management. On-site personnel shall be provided at all times.

(7)    Waiting and Client Intake Area. A waiting and client intake area of not less than 100 square feet shall be provided.

(8)    Lighting. Facilities shall provide security and safety lighting in the parking lot, and on buildings and pedestrian accesses.

(9)    Security. Facilities shall provide secure areas for personal property.

(10)    Life Safety and Security. All projects shall be evaluated for compliance with building codes, fire codes and local building security regulations.

(e)    Performance Standards for Temporary Shelters. In addition to the provisions of subsection (d) of this section, temporary emergency shelters that are operated by a public or quasi-public organization as described in subsection (a) of this section are subject to the following requirements:

(1)    Minimum lot area of one acre.

(2)    One hundred twenty square feet of indoor living area, plus an additional 50 square feet of living area for each additional person over two persons, excluding staff.

(3)    Activities of shelter shall be accessory to and shall not interfere with the principal use of the site.

(4)    Facilities shall contact the fire department for inspections before the start of operations to ensure existing emergency equipment is in working condition and to review proposed emergency action plans. (Ord. 1-2009 § 26, 1-6-09; Ord. 9-2014 § 28, 2014; Ord. 28-2014 § 5, 9-9-14; Ord. 04-2016 § 35, 3-1-16; Ord. 17-2016 § 29, 9-13-16. 1990 Code § 8-22140.2.)

18.190.155 Faith-based temporary shelters.

(a)    Purpose and Applicability. The purpose of this section is to establish standards for the operation of temporary shelters by a quasi-public faith-based organization at an existing religious facility that assure compatibility of shelter activities with surrounding uses and provide a safe place for individuals and families to obtain temporary shelter. The provisions of this section apply notwithstanding the requirements of Section 18.190.150.

(b)    Where Located. Faith-based temporary shelters are a permitted use within any zoning district; provided, that they are located at an existing religious facility, subject to the requirements of a faith-based temporary shelter permit as provided in subsection (e) of this section.

(c)    Faith-Based Temporary Shelter Permit. When a faith-based temporary shelter is proposed at a religious facility, no such use shall be established or maintained unless and until a faith-based temporary shelter permit has been issued and is in full force and effect.

(d)    Faith-Based Temporary Shelter Permit Submittal Requirements. An application for the faith-based temporary shelter permit shall be in writing and shall include the following:

(1)    A site plan and floor plan showing the location of the temporary shelter facility and areas to be used by shelter participants.

(2)    A statement of operations, including the number of people that would be temporarily housed, the days and hours of operation, and the number of monitors that would be on site during operation of the shelter.

(3)    A description of how the applicant proposes to satisfy the requirements in subsection (e) of this section.

(e)    Faith-Based Temporary Shelter Permit Review Criteria – Ministerial Approval. The zoning administrator or designee shall issue a faith-based temporary shelter permit when the applicant has demonstrated that they would meet all of the following performance standards:

(1)    Operation. Faith-based temporary shelters shall be operated as an ancillary use subordinate to or part of the principal use at an existing religious facility.

(2)    Proximity to Other Faith-Based Temporary Shelters or Emergency Shelters. Faith-based temporary shelters shall be located a minimum of 300 feet from any other faith-based temporary shelter or emergency shelter operating during the same time period.

(3)    Hours of Operation. Set hours for client intake and discharge shall be established for the faith-based temporary shelters with the approval of the faith-based temporary shelter permit.

(4)    Maximum Number of Shelter Participants. No more than nine persons shall reside at a faith-based temporary shelter at one time.

(5)    On-Site Monitor. On-site personnel shall be provided at all times.

(6)    Life Safety and Security. All faith-based temporary shelters shall be in compliance with building and fire life safety codes based on use.

(7)    Fire Department and Building Division Inspection. An inspection shall be performed by the fire department and building division to ensure required life safety systems and equipment are in working condition.

(8)    Time Frame. Faith-based temporary shelters may operate up to six months total in one calendar year. (Ord. 23-2018 § 29, 10-2-18.)

18.190.160 Firearms dealers – Warehouse and storage of firearms.

Firearms dealers and the warehousing and storage of firearms shall be subject to the following requirements, restrictions, limitations and standards, if applicable:

(a)    Permit Required. No such use shall be established unless and until there has been issued and there is in full force and effect an approved conditional use permit. The application for any such permit shall be in writing, and shall include the following information:

(1)    A floor plan showing the location of the display and storage area of all firearms. The floor plan shall include information on site and merchandise security.

(2)    Copies of applications submitted to the State Department of Justice and the Federal Bureau of Alcohol, Tobacco and Firearms for a permit to sell firearms.

(3)    List of all employees or assistants who will be assisting the applicant in the sales, storage, or handling of firearms. If additional information is requested to satisfy security clearance requirements by the police department, the applicant shall provide such information along with the application.

(4)    Plot plan showing surrounding land uses.

(5)    Proposed hours of operation for the sales of firearms.

(6)    Detailed description and specifications of proposed security measures.

The city will maintain security system information as a confidential document and shall not make the information available for public viewing. Additional information may be required as deemed necessary by the community development director to process the application.

(b)    Additional Approvals Required Prior to the Issuance of a Conditional Use Permit, If Applicable.

(1)    Firearms dealer permit issued by the chief of police of the city of Fremont.

(2)    Certificate of eligibility issued by the State Department of Justice.

(3)    Firearms dealer license issued by the Federal Bureau of Alcohol, Tobacco and Firearms.

(4)    Seller’s permit issued by the State Board of Equalization.

(c)    Residential Prohibition. The sales of firearms and the storage of firearms for sale shall be prohibited in any residential district or residential dwelling, including hotels, regardless of district, except as provided for under Section 18.190.240 (home occupation).

(d)    Operational Changes. If any change is proposed to the operation or site of the firearms dealership or warehouse/storage site, an amendment to the approved conditional use permit shall be required. If a change in ownership of the business occurs, the new owner shall not operate the firearms dealership without first obtaining a firearms dealer permit pursuant to Chapter 5.55.

(e)    Security Requirements. Prior to the commencement of operation, adequate security measures shall be installed to secure the premises where the firearms are sold or stored, subject to the approval of the chief of police or designee. Firearms and ammunition shall be received and handled only by the authorized firearms dealer. If assistance from other persons is needed, these individuals must first undergo a satisfactory background check by the city police department or be authorized firearms dealers. Upon immediate delivery of firearms to the site, the firearms shall be placed in a secure and locked area.

(f)    Merchandise Storage. The storage of all firearms shall be in secured, locked locations so that access to the merchandise is controlled by the dealer and/or employee to the exclusion of others. The adequacy of the security shall be subject to the approval of the chief of police or designee.

(g)    Insurance. The applicant shall be insured against liability for damage to property, for injury to, or death of, any person as a result of the sale, transfer, or lease, or advertising or sale, transfer, storage or lease, or advertising for lease, any firearm. The minimum liability limits shall not be less than $1,000,000 for damages to, or destruction of, property in any one incident, and $1,000,000 for the death or injury to any one person. Additional amounts may be required by the city attorney if deemed necessary. The policy shall be in a form that the city attorney and city risk manager deems proper and executed by an insurance company approved by the city attorney.

(h)    Additional Requirements. Compliance with Title 5 (businesses, professions and trades) and Chapter 9.15 (firearms).

(i)    Hazardous Materials. Storage of ammunition shall be subject to the California Fire Code as locally amended and Chapter 8.35 (hazardous materials management). (Ord. 2081 § 21, 7-26-94; Ord. 5-2008 § 17, 4-1-08; Ord. 23-2018 § 30, 10-2-18. 1990 Code § 8-22140.3.)

18.190.165 Flag lots.

The following regulations apply to a subdivision where one or more flag lots are proposed:

(a)    Where Allowed. A flag lot shall only be allowed on properties within zoning districts allowing one single-family home per lot. One accessory dwelling unit may also be permitted.

(b)    Multiple Flag Lots. Every effort shall be made to consolidate flag poles if multiple adjoining flag lots are proposed. Flag lots shall not be used in lieu of a private or public street. If allowed, adjoining flag lots shall be required to share a common driveway. Maintenance and access easements shall be provided prior to final map approval. When flag poles are consolidated, the entire width of the consolidated flag pole shall be utilized to determine compliance with street frontage requirements.

(c)    Address. The street address of the flag lot shall be placed in a conspicuous location within the pole portion of the lot that is easily visible from the street.

(d)    Fire Department Access. A fire department access roadway shall be provided within the pole portion of the flag lot to within 150 feet of all exterior portions of the structures/buildings. The roadway shall meet fire department standards including:

(1)    Surface type: all weather;

(2)    Minimum width: 20 feet;

(3)    Distance: not to exceed 150 feet in length without an approved turnaround;

(4)    Weight loads: 75,000 pound minimum;

(5)    Turning radius: a radius of 22.5 inside and 37.5 outside measured from the same point;

(6)    Grades: not to exceed 15 percent. Cross grade, intersections and turnarounds shall be level (maximum five percent) with the exception of crowning for water runoff; and

(7)    Vertical clearance: 13.5 feet minimum.

(e)    Parking. Off-street parking shall be provided as specified in Chapter 18.183 based upon the number of bedrooms within the home plus an additional two guest parking spaces shall be provided per flag lot. The guest spaces may be located within the required front yard; provided, that each space is set back a minimum of five feet from any lot line, and is not located on any portion of the fire access roadway or any required turn-around area.

(f)    Storm Water. Driveways, paved areas and other impermeable surfaces shall be minimized to the extent feasible. Permeable pavers or pavement materials are highly encouraged.

(g)    Landscaping and Irrigation. A landscape and irrigation plan shall be provided in conjunction with each building permit for new construction or additions on a flag lot. Landscaping and irrigation shall be incorporated along the pole portion of the lot. At least 18 inches of landscaping shall be provided between the access roadway and each adjacent side property line.

(h)    Fencing. Fencing along the pole portion of a flag lot shall not exceed a height of 48 inches within 20 feet of the street property line to avoid creation of a tunnel effect. Open wire fencing with vines and hedges is encouraged over solid board fencing along the pole portion of a flag lot.

(i)    Privacy. Each structure on a flag lot shall be oriented to provide the maximum privacy to both existing and future residential structures that surround the flag lot. See Citywide Design Guidelines on enhancing privacy. (Ord. 27-2016 § 30, 12-6-16; Ord. 23-2018 § 31, 10-2-18.)

18.190.170 Floor area ratio (FAR), increases in.

Increases in floor area ratio beyond the floor area ratio otherwise permitted in the zoning district may be granted pursuant to the provisions of Chapter 18.250. (Ord. 2045 § 127, 9-21-93; Ord. 2423 § 24, 4-10-01; Ord. 43-2004 § 1, 12-21-04; Ord. 11-2005 § 2, 5-3-05; Ord. 12-2005 § 2, 5-3-05; Ord. 24-2006 § 2, 11-7-06; Ord. 5-2008 § 17, 4-1-08; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22140.5.)

18.190.180 Game or computing devices and arcades.

(a)    Accessory Use. The operation of one to five game or computing devices shall be allowed as an accessory use only in conjunction with any of the following principal uses and only in those districts in which they are expressly allowed by this code:

(1)    Any allowed retail2 use.

(2)    Services2 as follows:

(A)    Amusement and recreation services.2

(B)    Beauty shops2 and barber shops.2

(C)    Car washes.2

(D)    Coin-operated laundries and dry cleaners.2

(E)    Hotels and motels.2

(F)    Motion picture theaters.2

(G)    Rooming and boarding houses.2

(H)    Physical fitness facilities.2

(b)    Internet Access. No establishment shall allow a customer access to the Internet by means of a game or computing device until the customer has presented a valid photographic identification document and has signed in, and an employee of the establishment has examined the document and verified the customer’s identity and age.

(1)    ID Requirements. For the purpose of this section, a valid photographic identification document (“photo ID”) is an unexpired document issued by a government agency for the purpose of identifying an individual and bearing on its face the photograph of the person identified thereby.

(A)    In the case of a student in elementary or secondary school, a photo ID issued by the school is acceptable.

(B)    The establishment may issue and accept its own photo ID, provided it first inspects the customer’s school or government photo ID or, in the case of a person under 18 years of age without such photo ID, on the request of the minor’s parent or guardian made in person and in writing, after inspecting the parent’s or guardian’s school or government photo ID.

(C)    Any establishment issuing a photo ID under this section shall keep a facsimile of the photo ID originally presented by the customer, parent or guardian, as the case may be, and, in the case of a minor, the written authorization of the parent or guardian, for the life of the photo ID issued by the establishment, and shall surrender them upon request to authorized law enforcement personnel.

(2)    Sign-In Requirements. In order to have access to the Internet, a customer shall sign a written log that indicates acceptance of the policy regarding adult material described below (and other policies of the house, at the establishment’s discretion) and that includes the following information as verified by an employee of the establishment: the customer’s true name; the type, serial number and expiration date of the identification document presented; the date and time of using a device with access to the Internet; and the specific device used.

(A)    Upon surrendering the use of a device with access to the Internet, the customer shall sign out, or an employee of the establishment shall sign the customer out, indicating the time.

(B)    The log shall be kept for 120 days and shall be surrendered when requested by law enforcement personnel for a criminal investigation or upon issuance of a court warrant.

(C)    The information entered on the log shall not be sold, leased, given, distributed or otherwise transferred to any third party. After 120 days, such log shall be completely destroyed.

(3)    Adult Material. No establishment shall permit a game or computing device to be used for the viewing of matter distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas by or in the presence of any person less than 18 years of age.

(A)    When an establishment provides for such viewing by adults, it shall take place in a clearly marked area that minors are prohibited from entering.

(B)    Game or computing device displays for adult viewing shall not be visible from the exterior of the establishment or from any portion of the establishment in which minors are allowed. In the case of a game or computing arcade, the area for adult viewing, other than the displays, shall be designed and arranged so as to be visible from outside.

(c)    Karaoke Booths. Karaoke booths1 shall comply with the following requirements:

(1)    The interior of the booth shall be made visible from the rest of the establishment in which it is located as follows:

(A)    The booth shall have at least one transparent window measuring at least four feet wide and three feet high, with the lower edge located three feet above the floor. Such window shall be located in the center of one wall and remain unobstructed at all times, providing an unimpeded view of all activities within the booth.

(B)    If the booth exceeds 100 square feet in floor area, or if a window cannot be placed in the center of one wall, or if a window placed in the center of the wall would not provide an unimpeded view of all activities within the booth, then as many additional windows shall be provided as needed to provide an unimpeded view of all activities within the booth.

(C)    The booth shall be lighted with at least one light source measuring 60 watts or more for every 100 square feet floor area (0.6 W/ft2).

(2)    The booth shall not be equipped with any hardware permitting the door to be locked, and the door shall not be locked or obstructed in any way, whether by a lock or a doorstop or any other means.

(d)    Game or Computing Arcades.

(1)    Criteria for Evaluation of Game or Computing Arcades. Notwithstanding the provisions of Chapter 18.230 (conditional use permits) and Chapter 18.275 (zoning administrator permits) establishing general criteria for the evaluation of conditional use and zoning administrator permits, the city shall use only the following criteria in evaluating an application for a game or computing arcade:

(A)    Compatibility of the arcade with existing and proposed developments in the area with regard to noise and design.

(B)    Suitability of location in terms of access, circulation and parking.

(C)    Proximity to schools, religious facilities, residential districts and other uses; and for locations within a one-quarter-mile proximity to a school, a conditional use permit shall be required.

(D)    Proposed hours of operation.

(E)    Adequacy of adult supervision.

(F)    Proposed number of amusement devices in relation to the gross floor area of the principal use.

(G)    Potential for increased enforcement and police response.

(2)    Requirements. Game or computing arcades shall comply with the following requirements:

(A)    A manager 21 years of age or older shall be on site during business hours at all times. No employee shall be under 18 years of age.

(B)    All persons waiting for service shall wait within the establishment. No exterior waiting or loitering shall be allowed. No waiting list shall be maintained that exceeds the seating capacity of the interior waiting area.

(C)    “No loitering” signs authorized by the city shall be posted at locations selected by the police department.

(D)    Exterior lighting shall be maintained at a level of at least one foot-candle at any exterior public entry and in adjacent parking areas for 30 minutes after the establishment closes or until the last patron leaves the vicinity, whichever comes first.

(E)    Interior lighting shall be established and maintained using no less than 60 watts per 100 square feet (0.6 W/ft2).

(F)    Visibility shall be maintained through the establishment’s front exterior windows. No blind, sign, poster or other matter or tinting on the window, nor any interior wall, shall block an unobstructed view of the entire interior of the establishment. An exception may be allowed if the operator provides equivalent means for surveillance from outside the establishment, for instance, by automatic video monitors, to the satisfaction of the police department.

(G)    Automatic video surveillance equipment shall be installed and operated allowing the on-site manager to monitor and record activities throughout the establishment in real time. The recordings shall be kept for at least one month and made available when requested by law enforcement personnel for a criminal investigation or upon issuance of a court warrant.

(H)    Unless required by subsection (d)(3)(A) of this section, the business experiences crime, loitering or other health and safety concerns which in the reasonable discretion of the planning manager may be mitigated by the presence of security personnel, then upon 30 days’ written notice, the planning manager may require the business to provide security personnel, as detailed in subsection (d)(3)(A) of this section, in a number reasonably determined by the planning manager.

(I)    Payment and providing change shall occur only at desks designated on the conditional use or zoning administrator permit.

(J)    The walls separating an arcade providing audio or amplified sound from other tenants shall have a minimum sound transmission coefficient (STC) of 40 to 50.

(K)    Adequate trash and recycling facilities shall be maintained within the establishment for the use of customers.

(L)    A copy of the conditions of approval shall be kept on the premises and made available upon request to zoning or building code enforcement, building inspection, revenue or police personnel authorized by the city and to law enforcement personnel from other agencies having jurisdiction.

(3)    Optional Requirements. Based on the size, location, hours of operation, or other health and safety concerns, game or computing arcades may be subject to the following additional requirement:

(A)    The approving agency may require the arcade to provide security personnel who are responsible to prevent violations of law, to enforce the prohibitions on waiting outside and loitering, and to ensure that all patrons leave the property within 30 minutes of the establishment’s closing. Any such security personnel shall be licensed as required by state law and shall be uniformed in a manner to distinguish them clearly from local public law enforcement or other government personnel. One or more persons, not to include the security personnel, shall be responsible for admission to the establishment.

(e)    Restricted or Prohibited Use. No game or computing device shall be used for either of the following:

(1)    Gambling prohibited under Chapter 9.05 (disorderly conduct), or under any other applicable law.

(2)    Adult-oriented business activities,1 unless specifically authorized under the provisions of this code applicable to such uses. (Ord. 19-2004 § 31, 7-13-04; amended during 2012 reformat; Ord. 17-2016 § 30, 9-13-16. 1990 Code § 8-22140.8.)

18.190.190 Gasoline service stations.

(a)    Gasoline service stations1 shall meet the requirements of this section.

(b)    Development Criteria.

(1)    Service stations may only be located where underlying zoning districts allow for such consideration.

(2)    New service stations are not permitted when the proposed site is immediately adjacent to any school, childcare facility, religious facility, park, library or other public or quasi-public use.

(3)    Service stations shall have a minimum net lot area of 22,000 square feet. Service stations designed to serve the private passenger vehicle market shall have a minimum of 120 feet of roadway frontage on at least one street. Service stations designed to serve the trucking market shall have a minimum roadway frontage of 300 feet on at least one street. When several unrelated products are being sold, rented or serviced on a site which also accommodates a service station, the site area and design shall be increased to guarantee proper circulation for, and integration of, all activities thereon.

(4)    Driveways for gasoline service stations which are developed as part of or in conjunction with compatible adjacent uses shall be coordinated as part of the total circulation system for the area.

(5)    Service stations located at a street intersection where signals are either in place or planned to be installed in the future may be required to install or bear the expense of installing functional “call detectors” for the benefit of service station patrons so traffic exiting from the gasoline service station can be detected by the signal system. Installation of said system shall be subject to the review and approval of the traffic engineer.

(6)    A minimum of 20 percent of the net lot area of a service station site, excluding easements for the use of the general public, shall be improved with well maintained landscaping elements. These elements may include, but are not limited to, plant materials, street furniture (such as benches and kiosks), and decorative surfaces (variations in color and texture); provided, however, that such “hard decorative surfaces” shall not constitute more than five percent of the total area required to be landscaped. Existing specimen trees should be preserved.

(7)    Service stations abutting a residentially zoned site shall provide a masonry wall or equally durable screening along the common property line. A six-foot-wide landscaped area shall be maintained adjacent to said wall or screening.

(8)    All permitted automobile services (other than obtaining fuel, air or water for a vehicle) shall be conducted within a building.

(9)    There shall be no exterior sales or displays of merchandise.

(10)    The siting and architectural character of the service station shall be compatible with the visual character of the surrounding area in terms of materials and color treatment, roofline, building mass and configuration, and other elements so the architectural continuity is achieved.

(11)    All service stations shall have a planned sign program.

(c)    Supplying Goods and Services.

(1)    The following uses are considered permitted uses at a service station:

(A)    Dispensing of fuel, motor oil and other automotive fluids.

(B)    Minor automotive repair.1

(C)    Sale of automotive accessories, batteries, tires and other replacement items.

(2)    The following uses may be considered when authorized by the underlying zoning and only when approved by the reviewing agency (zoning administrator or planning commission):

(A)    Car washing facilities.

(B)    Convenience and food stores1 subject to the following limitations:

(i)    No alcoholic beverages shall be served or consumed on the premises. Alcoholic beverages may be sold if such sales are incidental and accessory to the operation of the facility as a convenience food store.

(ii)    Sales of merchandise not accessory to the normal operation and maintenance of automobiles shall be transacted in rooms separate and distinct from rooms in which sales and services related to automobile operations are transacted or conducted.

(iii)    The lot on which the combination of uses is to occur shall conform to the current requirements of this title as to off-street parking, loading, screening, landscaping and fencing.

(C)    Equipment rentals.

(D)    Towing service limited to no more than two trucks.

(d)    Combining with Other Uses. Permitted uses otherwise allowed in the zoning district in which a service station is located are not allowed in conjunction with a service station unless specifically authorized by a zoning administrator or conditional use permit. (Ord. 87 § 8-22111; Ord. 1120 § 18, 11-2-76; Ord. 1324 § 9, 5-1-79; Ord. 1386 § 81, 6-17-80; Ord. 1683 § 31, 8-27-85; Ord. 2045 § 128, 9-21-93; Ord. 5-2008 § 17, 4-1-08; Ord. 17-2016 § 31, 9-13-16. 1990 Code § 8-22141.)

18.190.200 Golf driving ranges.

All golf driving ranges shall be located on major or secondary thoroughfares or nonresidential streets. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than 200 feet from any adjacent R district or existing dwelling. A conditional use permit may be issued for a period of not to exceed one year and is subject to renewal from year to year thereafter. (Ord. 87 § 8-22113; Ord. 1386 § 81, 6-17-80. 1990 Code § 8-22142.)

18.190.205 Guesthouses.

Guesthouses1 shall meet the following development criteria:

(a)    Only one guesthouse shall be allowed per lot subject to design review permit pursuant to Chapter 18.235 and the following additional design rules:

(1)    The guesthouse shall be designed in such a manner as to be visually consistent and compatible with the main residence on site and other residences in the area.

(2)    A detached guesthouse shall be clearly subordinate and incidental to a main residence on the same building site.

(b)    Guesthouses shall not exceed 600 gross square feet in area.

(c)    Detached guesthouses shall meet the zoning standards for accessory structures within the zoning district but in no case may they be closer to the property line than five feet. On corner lots, detached guesthouses shall be located no closer to the public street than the principal dwelling structure. If attached, the guesthouse shall meet the zoning standards for the principal dwelling structure.

(d)    Guesthouses shall share the same utilities with the main residence, unless otherwise required by utility companies.

(e)    The guesthouse shall contain no kitchen or cooking facilities, including but not limited to microwave ovens, hot plates, and toaster ovens, but may contain up to six linear feet of counter space (excluding counter space in a bathroom) and six lineal feet of cabinet space (excluding clothes closets). Additionally any sink (excluding the bathroom sink) may not exceed 12 inches by 12 inches in size.

(f)    Guesthouses shall not be separately rented, let or leased from the main residence whether compensation is direct or indirect.

(g)    Guesthouses may be used for a period or periods of time not exceeding three months in one calendar year for the accommodation of a guest or guests or for unlimited periods when used for other purposes including but not limited to cabanas, offices, poolhouses, recreation areas, workshops and similar habitable spaces.

(h)    Subsequent subdivisions which divide a main residence from a guesthouse shall not be permitted.

(i)    Detached guesthouses must be separated from other habitable structures on site by at least 10 feet. The separation may be reduced to eight feet if one structure is equipped with fire sprinklers or six feet if both structures are fire sprinklered. Roof eve projections into this separation are limited by the building code.

(j)    Prior to the issuance of a building permit for guesthouse construction, or for use of an existing structure as a guesthouse, the applicant shall record a restrictive covenant – notice of limitation incorporating regulations in subsections (e) through (h) of this section. (Ord. 16-2015 § 44, 6-2-15.)

18.190.210 Head shops.

(a)    Minors. No owner, manager, proprietor, or other person in charge of any room in any place of business defined as a “head shop,” selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP or any controlled substance, as defined in the Health and Safe Code of the state of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips and rollers designed for the making of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, or visit such room or business unless said minor person is accompanied by one of his or her parents, or by his or her legal guardian.

(b)    Sale or Display Rooms. A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell of devices, contrivances, instruments or paraphernalia used, altered or modified for the purpose of smoking, injecting or consuming marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and rollers designed and used for the smoking of the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in visible and legible words to the effect that minors, unless accompanied by parent or legal guardian, are excluded.

For the purposes of this subsection, an “enclosure” shall mean an area of a room separated in such a manner that no material regulated by this section shall be visible from any area of the room open to minors. (Ord. 1375 § 17, 5-6-80; Ord. 1386 § 81, 6-17-80. 1990 Code § 8-22143.)

18.190.220 High intensity hazardous materials uses.

(a)    Scope and Definition. Other provisions of this title and Article I of Chapter 8.35 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing a risk to health, safety or property. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used.

(b)    Standards. The permitted on-site quantities and uses of hazardous materials shall be as listed in the table in subsection (f) of this section.

(c)    Hazardous Materials Classifications.

(1)    Hazard categories or classifications are defined in Article 2 and Appendix VI-A of the California Fire Code, as may be amended. Additional definitions are based on the definitions in Article I of Chapter 8.35, U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR) Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended.

(2)    Hazardous materials are further classified, for the purposes of this section, into three groups:

(A)    Group A, representing those materials that pose a higher risk;

(B)    Group B, representing those that pose a more moderate risk; and

(C)    Group C, those posing the least risk to health, safety, or property.

(3)    The tables in subsection (e) of this section contain the specific types of chemicals that qualify for each group.

(d)    Definition of Hazardous Materials Facilities.

(1)    Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, blended or packaged, but are not used on site. Materials are stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.

(2)    Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, blended or stored until they are transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished products.

(3)    Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on site or shipped out. On-site storage exceeds quantity range 5.

(4)    Large Storage Plant (LS). Hazardous materials at the storage plant level are stored until they are distributed to other facilities and exceed quantity range 5. Materials are warehoused in closed containers of up to 660 gallons in size. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.

(5)    Medium User Site (MU). Hazardous materials at the user site are used as part of on-site operations. Materials are stored and used in various sized containers. On-site storage of materials exceeds quantity range 3 but does not exceed quantity range 5. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on site or shipped out.

(6)    Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities and exceed quantity range 3 but do not exceed quantity range 5. Materials are warehoused in closed containers not exceeding 55 gallons, 500 pounds, or 200 cubic feet at STP (standard temperature and pressure) for compressed gases. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

(7)    Small User Site (SU). Hazardous materials at a small user site are used for on-site operations. This is on-site use only and quantities involved do not exceed quantity range 3.

(8)    Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities and do not exceed quantity range 3. Materials are warehoused in closed containers not exceeding 50 gallons, 100 pounds, or 200 cubic feet at STP for compressed gases. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

(9)    Very Small Storage or Use (VS). Hazardous materials at the very small storage or use plant are stored until they are distributed to other facilities or used for on-site operations and do not exceed quantity range 1.

(e)    Quantity Ranges.

Range Number

Range Amounts

1

Aggregate quantities up to and including 55 gallons for liquids, 500 pounds for solids, and 200 cubic feet at STP for compressed gas(es).

2

Aggregate quantities between 55 and 550 gallons for liquids, 500 and 5,000 pounds for solids, and 200 to 2,000 cubic feet at STP for compressed gas(es).

3

Aggregate quantities between 550 and 2,750 gallons for liquids, 5,000 and 25,000 pounds for solids, and 2,000 to 10,000 cubic feet at STP for compressed gas(es).

4

Aggregate quantities between 2,750 and 5,500 gallons for liquids, 25,000 and 50,000 pounds for solids, and 10,000 to 20,000 cubic feet at STP for compressed gas(es).

5

Aggregate quantities between 5,500 and 20,000 gallons for liquids, 50,000 and 200,000 pounds for solids, and 20,000 and 80,000 cubic feet at STP for compressed gas(es).

6

Aggregate quantities between 20,000 and 80,000 gallons for liquids, 200,000 and 600,000 pounds for solids, and 80,000 and 300,000 cubic feet at STP for compressed gas(es).

7

Aggregate quantities between 80,000 and 160,000 gallons for liquids, 600,000 and 1,200,000 pounds for solids, and 300,000 and 600,000 cubic feet at STP for compressed gas(es).

8

Aggregate quantities between 160,000 and 320,000 gallons for liquids, 1,200,000 and 2,400,000 pounds for solids, and 600,000 and 1,200,000 cubic feet at STP for compressed gas(es).

9

Aggregate quantities between 320,000 and 640,000 gallons for liquids, 2,400,000 and 4,800,000 pounds for solids, and 1,200,000 and 2,400,000 cubic feet at STP for compressed gas(es).

10

Aggregate quantities over 640,000 gallons for liquids, 4,800,000 pounds for solids, and 2,400,000 cubic feet at STP for compressed gas(es).

(f)    Table of Permitted Hazardous Materials in Specific Industrial Districts.

PERMISSIBILITY:

P = Permitted

C = Permitted only upon granting of a conditional use permit

Z = Permitted only upon granting of a zoning administrator permit

N = No, not permitted

GROUP A CHEMICALS* 

I.

Class 3 and 4 Oxidizers

II.

Compressed Gases (Corrosive, Highly Toxic, Toxic, Pyrophoric, Unstable)

III.

Cryogens (Highly Toxic, Toxic, Corrosive, Pyrophoric, Unstable)

IV.

Explosives and Blasting Agents

V.

Highly Toxic Materials

VI.

Organic Peroxides (Unclassified, Class I and Class II)

VII.

Pyrophoric Materials

VIII.

Radioactive Materials (Gamma Emitters)

IX.

Unstable/Reactives (Class 3 and 4)

X.

Water Reactive Materials (Class 3)

Type of Facility

I-S Zoning District

I-T Zoning District

I-G Zoning District

Bulk Plant

N

N

C

Bulk Distribution

N

C

C

Large User Site

N

C

C

Large Storage Plant

N

C

C

Medium User Site

C

Z

Z

Medium Storage Plant

C

Z

P

Small User Site

Z

Z

P

Small Storage Plant

Z

P

P

Very Small Storage or Use

P

P

P

GROUP B CHEMICALS*

I.

Compressed Gases (Flammable and Oxidizing)

II.

Corrosive Liquids and Solids

III.

Cryogens (Flammable and Oxidizing)

IV.

Flammable Liquids

V.

Flammable Solids

VI.

Organic Peroxide Materials (Class III, IV and V)

VII.

Oxidizing Materials (Class 1 and 2)

VIII.

Radioactive Materials (Alpha and Beta Emitters)

IX.

Toxic Materials

X.

Unstable/Reactive Materials (Class 1 and 2)

XI.

Water Reactive Materials (Class 1 and 2)

 

Type of Facility

I-S Zoning District

I-T Zoning District

I-G Zoning District

Bulk Plant

N

C

C

Bulk Distribution

N

C

C

Large User Site

C

Z

Z

Large Storage Plant

C

Z

Z

Medium User Site

Z

P

P

Medium Storage Plant

Z

P

P

Small User Site

P

P

P

Small Storage Plant

P

P

P

Very Small Storage or Use

P

P

P

GROUP C CHEMICALS*

I.

Biohazardous Materials

II.

Combustible Liquids and Solids

III.

Compressed Gases (Inerts)

IV.

Cryogens (Inerts)

V.

Other Health Hazard Materials

 

Type of Facility

I-S Zoning District

I-T Zoning District

I-G Zoning District

Bulk Plant

N

C

C

Bulk Distribution

N

C

C

Large User Site

C

Z

Z

Large Storage Plant

C

Z

P

Medium User Site

Z

P

P

Medium Storage Plant

Z

P

P

Small User Site

P

P

P

Small Storage Plant

P

P

P

Very Small Storage or Use

P

P

P

* All of the Group A, B, and C chemical types above are included for reference only.

Table Notes.

(1)    Hazardous materials belonging to more than one group or hazardous classification are subject to the regulations of the more stringent group or category. Refer to subsection (c) of this section for description of hazardous materials classifications.

(2)    Aboveground storage tanks for the storage of hazardous materials used in the day-to-day operations of a permitted or conditional use shall be subject to administrative site development review approval. All aboveground storage tanks shall be screened and shall require compliance with all applicable Fremont Building and Fire Code regulations prior to the placement of such a tank on site.

(3)    When a zoning administrator or conditional use permit is required, the zoning administrator or the planning commission shall specifically consider the recommendation of the fire department based on an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a safety data sheet (SDS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.

(4)    Pesticides and fertilizers stored for agricultural uses are permitted upon the granting of a conditional use permit. This would override the “N = No, not permitted,” as listed in the table.

(5)    The following exemptions from the requirements of this section shall apply to hazardous materials/chemicals in container sizes of five gallons or less stored or maintained for the purposes of retail and wholesale sales: (a) Group A, B, and C chemicals shall be permitted without a use permit if quantities are present in Ranges 1 and 2; (b) in the I-S (Service Industrial) district, if chemicals are present in quantity range 3, 4, 5 for Groups A and B, a use permit shall be required.

(6)    Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission are exempt from this section.

(7)    Underground storage tanks containing petroleum fuels, oils or waste oils are permitted in the industrial zoning districts.

(8)    Conditional use permits shall be applied for and issued pursuant to the process set forth in Chapter 18.230.

(9)    Zoning administrator permits shall be applied for and issued pursuant to the process set forth in Chapter 18.275.

(10)    Storage, use or handling of the following gases in any quantities whether in a gaseous, liquefied or cryogenic physical state: air (nonenriched), argon, helium, krypton, neon, nitrogen, and xenon are exempt from this section.

(11)    Nanoparticles and bio-fuel blends shall be classified as hazardous materials. Hazard class grouping and permissibility of these materials shall be determined by the zoning administrator, in consultation with the fire department and environmental programs division, based on available information.

(g)    Table Qualifiers. In addition to the regulations set forth in this section, all storage and use of hazardous materials must be in conformance with the provisions of the federal, state, and local laws including storm water management requirements as adopted by the city council. (Ord. 2518 § 2(Exh. A), 10-7-03; Ord. 15-2004 § 7, 6-22-04; Ord. 4-2005 § 2, 4-12-05; Ord. 35-2007 § 1, 12-11-07; Ord. 5-2008 § 17, 4-1-08; Ord. 1-2013 § 5, 1-8-13; Ord. 17-2016 § 32, 9-13-16. 1990 Code § 8-22143.3.)

18.190.230 Reserved.

Repealed by Ord. 17-2016. (Ord. 2045 § 129, 9-21-93. 1990 Code § 8-22143.5.)

18.190.240 Home occupations.

(a)    The zoning administrator or designee shall issue a home occupation permit when the proposed home occupation meets all of the following criteria:

(1)    The use is clearly incidental and secondary to the use of the property for dwelling purposes.

(2)    The use shall be carried on solely by the resident thereof.

(3)    All uses shall be conducted only in one room of the dwelling, a permitted accessory structure or garage. In no case shall the home occupation or occupations occupy more than one-fourth of the floor area on one floor of the dwelling or that portion of a garage required for vehicular parking.

(4)    Materials used in home occupation(s) shall be stored only in the room used for the home occupation or in that area of the garage not required for parking.

(5)    The use shall not entail the use or storage of explosive, flammable or otherwise hazardous materials.

(6)    The mechanical or electrical equipment used in connection with the home occupation shall not require an electrical motor exceeding 15 amperes at 110 volts, or the equivalent thereof, and not be operated in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area.

(7)    The appearance of the dwelling or accessory structure shall not be altered nor shall the home occupation be conducted in such a manner that it may be reasonably recognized as serving a nonresidential use either by color, materials, construction, lighting, sounds or vibrations.

(8)    The use shall not attract more than two vehicles concurrently nor more than 10 vehicles per day.

(9)    The use shall not generate pedestrian traffic beyond that normal to the district.

(10)    The home occupation may include the use of one commercial vehicle not exceeding one-ton payload.

(11)    The use shall not generate solid waste in excess of 30 gallons per week.

(12)    Notwithstanding the criteria listed above a “cottage food operation” as provided by state law is a permissible home occupation.

(13)    Residential Gunsmiths. The following additional requirements shall also apply to residential gunsmiths:

(A)    Sales of firearms and ammunition in conjunction with gunsmithing activities shall be prohibited.

(B)    On-site testing involving weapons discharge shall be prohibited.

(C)    Adequate security measures shall be in place to secure the premises where the firearms and related items are to be repaired, manufactured, or modified, subject to the approval of the chief of police or designee.

(D)    Firearms received by the applicant for the purpose of repair or modification shall be handled only by the authorized gunsmith. If assistance from other persons is needed, these individuals must first undergo a satisfactory background check by the city police department. Upon delivery of firearms to the site, the firearms shall be immediately placed in a secured and locked area, pursuant to subsection (a)(13)(C) of this section.

(b)    The following uses are expressly prohibited:

(1)    Any business with a main source of business associated with the use, sales, and/or service of vehicles such as but not limited to the following shall be prohibited:

(A)    Vehicle sales, consulting, appraising or brokering, except for telephone only;

(B)    Vehicle repair, including vehicle upholstery and pinstriping;

(C)    Limousine service, except for telephone only;

(D)    Mobile vehicle washing or vehicle detailing;

(E)    Mobile tool sales;

(F)    The sales of vehicle parts, welding equipment, aircraft and marine parts, or vehicle care products where the products are kept on the site for distribution;

(G)    Cleaning and repair of boats and boat parts;

(H)    Equipment leasing.

(2)    Any business associated with repair and/or construction of equipment and appliances larger than two and one-half feet by one and one-half feet by one and one-half feet or approximately six cubic feet in size.

(3)    Massage parlors, dating services, photo schools, dance studios for persons over 16 years old.

(4)    The business, art or practice of astrology, palmistry, phrenology, life reading, fortune-telling, cartomancy, clairvoyancy, clairaudience, crystal gazing, mediumship, prophecy, augury, divination, magic, necromancy or graphology.

(5)    Firearms dealers, except gunsmiths and/or collectors of relics and curios.

(A)    Abatement of Existing Uses. Notwithstanding the provisions of Chapter 18.180 (nonconforming use), or any other provision of this code, all existing uses as firearms dealers as a home occupation shall abate on April 19, 1997.

(c)    Permits for home occupations shall be subject to the following limitations:

(1)    A permit for a home occupation shall be issued for a period not to exceed five years, subject to renewal, if the zoning administrator finds that the resident has complied with the criteria and conditions of the permit.

(2)    A permit issued for a home occupation is not transferable. Applications for permits by tenants shall be signed by the owner of the lot indicating the approval of the owner that said property may be used for the purposes intended.

(d)    There shall be a rebuttable presumption that a dwelling is being used for a home occupation if a business tax application submitted pursuant to Section 5.05.100 lists the mailing address associated with the dwelling as the mailing address of the business to which the application relates. This presumption may be rebutted by proof that no business is conducted at the dwelling, including the storage of records relating to the business or the solicitation of customers by electronic or telephonic means. (Ord. 1086 § 16, 1-20-76; Ord. 1386 §§ 81, 83, 6-17-80; Ord. 1683 §§ 32, 33, 8-27-85; Ord. 1759 § 100, 1-6-87; Ord. 1884 § 1, 8-22-89; Ord. 2081 §§ 22, 23, 7-26-94; Ord. 16-2015 § 45, 6-2-15; Ord. 04-2016 § 36, 3-1-16; Ord. 23-2018 § 32, 10-2-18. 1990 Code § 8-22144.)

18.190.250 Hospitals, religious facilities or eleemosynary institutions.

Repealed by Ord. 16-2015. (Ord. 87 § 8-22114; Ord. 162 § 1; Ord. 658 § 1; Ord. 679 § 1; Ord. 982 § 11, 3-26-74; Ord. 1062 § 1, 8-27-75; Ord. 1386 §§ 81, 85, 6-17-80; Ord. 1560 § 15, 6-7-83; Ord. 1832 § 2, 8-16-88; Ord. 1835 § 3: 9-6-88; Ord. 1989 § 9, 11-26-91; Ord. 2045 § 131, 9-21-93; Ord. 2398 §§ 2, 3, 9-12-00; Ord. 4-2005 § 3, 4-12-05; Ord. 5-2008 § 17, 4-1-08. 1990 Code § 8-22145.)

18.190.260 Labor camps.

All labor camps shall meet the following minimum requirements:

(a)    Location of Structure. No structure shall be located closer than 20 feet from any property line, and not closer than 50 feet from the front lot line. When adjoining an R district, no structure shall be closer than 100 feet from the adjoining property line.

(b)    Site Area. The aggregate site area shall contain not less than 3,000 square feet of land area for each tent, trailer space, cabin or each three workers, whichever is greater, and no structure shall be closer than 10 feet from any other structure.

(c)    Recreation Area. A usable recreation area shall be provided for each labor camp, and shall contain not less than 200 square feet of area for each dwelling space or unit or for each three occupants, whichever is greater.

(d)    Maintenance of Roads and Parking Areas. Access roads and parking areas shall have a durable and dust-free surface, and the area shall be so graded as to dispose of all surface water accumulated within the area.

(e)    Limitation on Permit. A zoning administrator permit application for a labor camp may be approved by the zoning administrator for a period not to exceed one year, subject to renewal. (Ord. 87 § 8-2215; Ord. 385 § 1; Ord. 1099 § 16, 5-25-76; Ord. 1386 § 81, 6-17-80; Ord. 1683 § 34, 8-27-85. 1990 Code § 8-22146.)

18.190.270 Landing strips for aircraft or heliports.

All landing strips for aircraft or heliports shall be located no closer than 600 feet from any existing dwelling, shall provide runways so oriented that aircraft landing and taking off do not pass directly over dwellings, and shall be located so that air or land traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive dust, noise, vibrations or bright lights. (Ord. 87 § 8-22116; Ord. 1386 § 81, 6-17-80. 1990 Code § 8-22147.)

18.190.280 Large family day care homes.

Repealed by Ord. 5-2012. (Ord. 1624 § 11, 8-28-84; Ord. 1813 § 1, 3-15-88; Ord. 2003 § 2, 5-12-92; Ord. 2045 § 132, 9-21-93; Ord. 5-2008 § 17, 4-1-08. 1990 Code § 8-22147.5.)

18.190.290 Live/work units.

Live/work units consisting of both commercial and residential components within a single unit, which are used as the primary dwellings by the occupant(s), shall be subject to the following special provisions:

(a)    All commercial uses in live/work developments shall be subject to the following performance criteria:

(1)    Signs shall be limited to those approved as part of a planned sign program for the project;

(2)    Businesses shall not involve the use of hazardous materials or produce medical or hazardous waste, except that de minimis amounts of essential hazardous materials will be subject to the review and approval of the Fremont fire department. Specific conditions, as well as permitting, disclosure, and periodic inspection requirements, will be a part of any approval granted. Classes of materials that are prohibited include: Class 1-A flammable liquids, pyrophoric, unstable, reactive, toxic, highly toxic, or explosive materials, including fireworks and small arms ammunition; flammable, combustible, corrosive or oxidizing solids, liquids and gases; organic peroxides and cryogens;

(3)    No business that involves the use of prescription drugs shall be allowed; and

(4)    Adult-oriented businesses,1 astrology,1 palmistry, massage,1 head shops,1 and similar uses shall not be allowed;

(b)    Project conditions of approval shall specify allowed uses for live/work units in conformance with the above criteria; and

(c)    At least one tenant of each live/work unit shall obtain and keep current a city of Fremont business license, including an inventory of any hazardous materials used or stored, for a business based at the live/work address. (Ord. 2506, Exh. A § 16, 7-22-03. 1990 Code § 8-22147.7.)

18.190.300 Mailboxes.

Mailboxes shall be placed in accordance with United States Postal Service standards. All mailboxes installed after July 6, 2017, shall contain a functional lock that deters mail theft. (Ord. 588 § 2; Ord. 1053 § 1, 7-1-75; Ord. 1386 § 81, 6-17-80; amended during 2012 reformat; Ord. 08-2017 § 12, 6-6-17. 1990 Code § 8-22148.)

18.190.305 Manufacturing facilities.

Manufacturing facilities, as defined in Chapter 18.25, shall be subject to the following requirements and standards:

(a)    Conformance with the requirements set forth in Title 15 (Building and Construction) and Chapter 8.35 (Hazardous Materials Management) shall be required for the construction or occupancy of a building where hazardous materials are stored, transported, processed or otherwise handled.

(b)    The conversion of a facility with a floor area ratio greater than 0.35 to a nonmanufacturing use or nonwarehouse use shall be subject to the design review permit approval process described in Chapter 18.235 and the modification of zoning standards process described in Chapter 18.250. (Ord. 17-2016 § 34, 9-13-16.)

18.190.307 Marijuana activities.

(a)    Marijuana activities, as defined in Section 18.25.1815(b), including, without limitation, medical marijuana dispensaries as defined in Section 18.25.1815(g), are prohibited in all zones, and no use permit of any type shall be issued therefor.

(b)    All marijuana delivery and medical marijuana delivery, including any mobile delivery within the city from any location outside the city limits, are subject to the ban stated in subsection (a) of this section. Medical marijuana delivery shall not be deemed a misdemeanor, infraction, or crime of any kind, but shall be subject to civil enforcement remedies available by law, at the discretion of the city.

(c)    Notwithstanding the ban stated in subsection (a) of this section:

(1)    Transportation of marijuana through the city is not subject to the ban stated in subsection (a) of this section to the limited extent authorized by Cal. Bus. & Prof. Code § 26080(b).

(2)    Subject to subsection (c)(4) of this section, activities authorized under Cal. Health & Safety Code § 11362.1 are permitted to the limited extent so authorized.

(3)    Possession of medical marijuana is permitted to the limited extent that such possession is not subject to criminal prosecution under state law pursuant to Cal. Health & Safety Code § 11362.5.

(4)    Cultivation of up to six marijuana plants per residence is permitted to the limited extent authorized under Cal. Health & Safety Code §§ 11362.1 and 11362.2, subject to the following restrictions:

(A)    Personal Use Cultivation. An individual who may cultivate marijuana for personal use pursuant to state law (“qualified person”) shall be allowed to cultivate marijuana only within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her. No outdoor cultivation is allowed within the city limits.

(B)    Area. In any residence, the marijuana cultivation area shall not exceed 32 square feet measured by the canopy, nor exceed 10 linear feet in height. This limit applies regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.

(C)    Lighting. Lighting for marijuana cultivation shall not exceed a total of 1,200 watts, or otherwise pose a fire or safety hazard.

(D)    Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, fire, plumbing, and electrical codes, in addition to all applicable zoning codes, including lot coverage, setback, height, and parking requirements.

(E)    Gas Products. The use of gas products, including but not limited to carbon dioxide and butane, for marijuana cultivation or processing is prohibited.

(F)    Evidence of Cultivation. From outside the building wherein cultivation occurs, there shall be no exterior evidence of marijuana cultivation occurring on the site.

(G)    Residence. The qualified person shall reside at the residence wherein the marijuana cultivation occurs.

(H)    Cultivation Elsewhere in the City. The qualified person shall not participate in cultivation in any other location within the city.

(I)    Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use, and marijuana cultivation shall be limited to an incidental use of the residence.

(J)    Ventilation. The marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from cultivation are not detectable beyond the residence (or property line for detached single-family residences), and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current adopted edition of the California Building Standards Code.

(K)    Use and Storage of Chemicals. For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for marijuana cultivation that contains any substance on the list prepared pursuant to Cal. Health & Safety Code § 25249.8; provided, that any chemical specifically approved by the California Department of Pesticide Regulation (or other appropriate state agency) for use in small indoor marijuana grow areas may be used in amounts prescribed by that agency. No chemical used for marijuana cultivation shall be stored in a manner visible from neighboring residences or to individuals located outside the property line or in the public right-of-way.

(L)    Nuisance. The marijuana cultivation area shall not adversely affect the health or safety of nearby residents by creating unreasonable dust, glare, heat, noise, noxious gases, odors, traffic, vibrations, or similar impacts. Nor shall marijuana cultivation be hazardous due to the use or storage of materials, processes, products, or wastes, or from any actions incidental or related to the cultivation.

(M)    Property Owner Authorization. For rental property, the lessee shall notify the property owner or property manager or management company of the cultivation, and no marijuana cultivation is permitted that would violate any lease term.

(N)    Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal use cultivation that occurs in any garage or other accessory building (“structure”): the structure shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and shall be entirely opaque from all sides, including the top. The structure shall include a fully permitted burglar alarm monitored by an alarm company or private security company. The structure shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through the door.

(O)    Registration. The police chief shall establish procedures for registering the cultivation of marijuana within the city limits, and shall charge a fee in an amount set by resolution of the city council. The registration procedures shall be posted on the police department’s official website once established, and thereafter no person shall commence or continue to cultivate marijuana within the city limits without first registering the site of the cultivation pursuant to registration procedures.

(5)    Cultivation in excess of what is permitted above under subsection (c)(4) of this section is prohibited in all zones, and any violation of the ban shall be subject to administrative, civil, and criminal enforcement remedies available by law, at the discretion of the city. Notwithstanding the foregoing, any medical marijuana cultivation in excess of what is permitted above under subsection (c)(4) of this section shall be a public nuisance, but shall not otherwise be deemed a misdemeanor, infraction, or crime of any kind to the limited extent that such cultivation is not subject to criminal prosecution under state law pursuant to Cal. Health & Safety Code § 11362.5. (Ord. 08-2017 § 13, 6-6-17; Ord. 23-2018 § 33, 10-2-18.)

18.190.310 Massage establishments.

Massage establishments, except premises providing ancillary massage services as an accessory use, shall meet the following special conditions:

(a)    Operation of a massage establishment shall be subject to approval of a conditional use permit by the planning commission. The application of a new conditional use permit for a massage establishment is deemed incomplete until such time as the massage establishment license is approved by the license authority pursuant to Chapter 5.65.

(b)    Compliance with Chapter 5.65 regulating massage establishments, massage technicians, and massage services prior to commencement of operation of the massage establishment.

(c)    The conditions adopted as part of an approved conditional use permit shall be binding on the applicant and all successors in interest. In addition, the applicant(s) or licensee(s) of the massage establishment shall sign the conditional use permit acknowledging he/she has read and understands the conditions of approval for the use permit. In case of a transfer of ownership, the new licensee(s) of the massage establishment shall obtain a copy of the approved conditional use permit from the zoning administrator. All licensee(s) shall sign a “massage establishment ownership transfer agreement” provided by the zoning administrator, acknowledging the conditions of approval set forth in said permit. The signed copy of this agreement shall be filed with the planning division and revenue and taxation division of the finance department. Failure to comply with this section may result in revocation of the conditional use permit by the zoning administrator or planning commission.

(d)    Minor modifications to the conditional use permit consistent with Chapter 5.65 may be made subject to review and approval of the planning manager if such modifications are in keeping with the intent of the original approval. In addition, where there is a conflict between the requirements of an existing conditional use permit and the current provisions of this code, the planning manager may consider and resolve these conflicts under an amendment to the conditional use permit.

(e)    This use shall not be combined with a use involving adult entertainment. (Ord. 2096 § 18, 11-22-94; Ord. 2472 § 11, 7-2-02; Ord. 5-2008 § 17, 4-1-08; amended during 2012 reformat. 1990 Code § 8-22148.05.)

18.190.320 Mechanical meters and other equipment.

Mechanical equipment, regardless of location, shall be screened from adjacent properties and the public right-of-way by an approved screen constructed of material similar to the principal structure. Gas meters, electrical meters, cable boxes, junction boxes, backflow preventers and fire riser and irrigation controllers shall be located within a utility room or behind a screen wall. In instances where screening is deemed infeasible by the zoning administrator, due to utility company access requirements, special constraints or retrofit conditions, the devices shall be painted to blend in with the existing setting (e.g., forest or olive green color to blend into adjoining landscape, or if building mounted, painted to match the color of the adjoining walls). The adequacy and appropriateness of screening shall be determined by the zoning administrator. (Ord. 1657 § 2, 4-16-85; Ord. 9-2014 § 28, 3-4-14; Ord. 16-2015 § 47, 6-2-15. 1990 Code § 8-22148.1.)

18.190.330 Mini-warehouses for household goods.

The following standards shall apply to mini-warehouses, as distinguished from general warehouse uses:

(a)    Parking.

(1)    Two spaces for manager’s residence.

(2)    Five spaces to be located at project office.

(3)    Loading and unloading may occur on driveways adjacent to storage bays.

(b)    Fencing. A six-foot-high masonry wall is required along rear and side property lines adjacent to areas shown as residential on the general plan. A six-foot landscape strip along said wall shall be required when structures in excess of one story are provided.

(c)    Uses. Mini-warehouses shall be limited to dead storage use only. No other activities or uses shall be permitted. All storage uses shall occur within enclosed buildings.

(d)    Caretaker Quarters. Each mini-warehouse facility shall include a caretaker quarters.

(e)    Lighting. All lights shall be shielded to direct light into the mini-storage area and away from adjacent property, but may be of sufficient intensity to discourage criminal activity. (Ord. 1477 § 2, 11-24-81; Ord. 8-2008 § 5, 4-22-08; Ord. 08-2017 § 14, 6-6-17. 1990 Code § 8-22148.5.)

18.190.340 Reserved.

18.190.350 Mobile homes and trailers not in mobile home parks – Generally.

Mobile homes, as defined by this title, shall only be allowed for human occupancy outside the limits of mobile home parks pursuant to the following specifications:

(a)    Caretaker Mobile Homes. In order to provide continuous security for historical sites designated by the general plan, public and quasi-public uses, industrial uses, commercial stables, riding academies, quarries and uses allowed under the special use permit section of Chapter 18.230, mobile homes occupied by caretakers or other security personnel may be allowed with such uses. No such mobile home shall be established and maintained until a permit has been granted by the zoning administrator, subject to the following general limitations:

(1)    The mobile home may be occupied for living and/or office purposes only by the caretaker and his/her immediate family members.

(2)    Only one mobile home shall be allowed for each premises.

(3)    The mobile home shall be located in such a fashion as to be generally screened from public view.

(4)    Two off-street parking spaces shall be provided for the mobile home.

(5)    The mobile home shall be located on the premises only as long as the principal use occupies the site.

(b)    Construction Site Trailers. A trailer for the temporary occupancy of watchmen, supervisory or other special personnel may be located at or immediately adjoining a major construction or demolition site, subject to the provisions of Section 18.190.370.

(c)    Agricultural Mobile Homes. Employees and relatives of the proprietor of a principal agricultural use may reside in a mobile home (with or without kitchen facilities) for which a permit has been approved by the zoning administrator, subject to the following general limitations:

(1)    The mobile home shall only be allowed on such premises where there is an existing principal dwelling unit.

(2)    Only one mobile home shall be allowed for each premises; provided, that no such mobile home shall be allowed where a single-family dwelling has been constructed upon the premises which is occupied by close family members.

(3)    The mobile home may be occupied by a person employed by or related to the proprietor of the agricultural use. The immediate family members of that person may also reside in the mobile home. Such a person may live in the mobile home, provided he/she performs farming or domestic duties on the premises. The number and relationship of the mobile home occupants shall be specified in the use permit application.

(4)    The mobile home shall be located in proximity to the principal dwelling unit and shall be generally screened from public view. The zoning administrator shall determine acceptability of screening elements.

(5)    Two off-street parking spaces shall be provided for the mobile home.

(6)    The mobile home shall be located on the premises only as long as the principal dwelling occupies the site.

(d)    Temporary Office Trailers for Business. An establishing or expanding business in an industrial or commercial district may obtain a use permit for a temporary office trailer, subject to the provisions of Section 18.190.360.

(e)    Temporary and Seasonal Use Trailers. Special events, as established elsewhere in this code (Chapter 12.25) and Christmas tree lots and pumpkin patches, as established in Section 18.190.550, may be allowed the use of trailers, mobile homes and/or recreational vehicles in accordance with the provisions of Section 18.190.380.

(f)    Tract Office Trailers. In order to provide a sales capability for residential subdivisions during the time between commencement of model home construction and occupancy of the model homes for sales purposes, trailers shall be allowed as temporary tract offices. No trailer shall be established and maintained until such a trailer is approved as part of a permit approved by the zoning administrator in accordance with the provisions of Section 18.190.560 and the following specific standards:

(1)    The trailer shall be located in proximity to the model home complex, skirted by a material compatible with the unit, and screened with large landscaping.

(2)    The trailer shall be removed from the premises concurrent with occupancy of the model homes for sales purposes.

(3)    Off-street parking shall be adjacent to the trailer and have a dustless surface.

(g)    Manufactured or Mobile Homes as Defined in Section 18.25.960. Manufactured or mobile homes may be located in any residential zoning district; provided, that the manufactured or mobile homes conform to the following:

(1)    Manufactured or mobile homes shall be occupied only for residential use.

(2)    Manufactured or mobile homes, and any garages, carports, and other structures attached thereto, must conform to all development standards applicable to the zoning district in which it is to be located.

(3)    Manufactured or mobile homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, as may be amended.

(4)    Manufactured or mobile homes must be attached to a permanent foundation approved by the Building and Safety Division and pursuant to Cal. Health & Safety Code § 18551.

(5)    The exterior material of the manufactured or mobile home shall be similar to that customarily used in the residential structures in the surrounding areas.

(6)    The roofing material shall be composition shingle or other materials customarily used on residential structures in the surrounding area. The roofing material used shall conform to the manufacturer’s specifications relative to installation and roof slopes.

(7)    The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the manufactured or mobile home, or what is customarily found on existing residential structures in the surrounding area.

(8)    Manufactured or mobile homes shall be provided with an enclosed garage, or carport, sufficient in size to accommodate two passenger vehicles and in conformance with Chapter 18.183.

(9)    The exterior covering material and roof of the enclosed garage or carport shall be the same as the manufactured or mobile home.

(10)    Placement or relocation of manufactured or mobile homes over 10 years old from the date of manufacture shall not be permitted.

(11)    Manufactured or mobile homes shall not be permitted on properties listed on the National Register of Historic Places, California Register of Historic Places or the city of Fremont list of primary historic resources.

(h)    Mobile Homes, Trailers, or Modular Structures in Corporation Yards. Notwithstanding any other provision of this code, a mobile home, trailer or modular unit to be used as an office or meeting place may be placed in the corporation yard of a sanitary district as a zoning administrator permitted use; provided, that:

(1)    The duration of such placement does not exceed three years;

(2)    Placement will be visually screened from the street; and

(3)    The understructure of the structure must be skirted and must match the structure. (Ord. 1026 § 2, 1-21-75; Ord. 1099 § 17, 5-25-76; Ord. 1386 §§ 81, 86, 6-17-80; Ord. 1458 § 9, 8-11-81; Ord. 1560 § 15, 6-7-83; Ord. 1623 § 1, 8-21-84; Ord. 1683 §§ 35 – 37, 8-27-85; Ord. 2279 § 3, 3-3-98; Ord. 2423 § 25, 4-10-01; Ord. 2483 § 2, 9-3-02; Ord. 12-2004 § 12, 6-1-04; amended during 2012 reformat. 1990 Code § 8-22149.)

18.190.360 Mobile homes and trailers not in mobile home parks – Use as temporary office.

An establishing or expanding business in an industrial or commercial district may obtain a zoning administrator permit for a temporary office trailer, subject to the following requirements and standards:

(a)    Purpose. The purpose of allowing office trailers for establishing or expanding firms is to create usable floor space which serves as a logical transition between the development of construction plans for permanent structures and the occupancy of those structures. These office trailers are not intended nor shall they be used in lieu of the eventual establishment of permanent structures.

(b)    Guarantees. No permit shall be approved for a temporary office trailer until after issuance of building permits for permanent construction of the facility for which the temporary office trailer is substituted, or unless financial guarantees ensuring construction of the permanent facility, as determined to be appropriate by the zoning administrator, are submitted prior to building permit issuance.

(c)    Application. Such a permit shall be considered by the zoning administrator upon submittal of an application accompanied by a specific site plan of the subject property, including all existing and generally proposed structures and land uses, a statement indicating the nature of the trailer use and what estimated length of time will transpire before a permanent structure replaces the trailer, and whatever additional information is deemed necessary by the zoning administrator.

(d)    Permit Period Limited. The permit shall be valid for one year from the date of approval, with the possibility of renewal for an additional year, upon approval of the zoning administrator. No renewals are possible after the two-year period, although such expiration does not preclude filing of a new use permit. (Ord. 954 § 3, 8-14-73; Ord. 1099 § 19, 5-25-76; Ord. 1386 § 81, 6-17-80; Ord. 1683 § 38, 8-27-85. 1990 Code § 8-22150.)

18.190.370 Mobile homes and trailers not in mobile home parks – Use at construction sites.

A general contractor may obtain a temporary permit for the parking of one or more trailers or mobile homes to provide for the temporary occupancy of watchmen, supervisory or other special personnel, at or immediately adjoining a major construction or demolition site, subject to the following requirements, restrictions, limitations and standards:

(a)    Application for Permit. Any such permit shall be issued only by the chief building official of the city, after application in writing is submitted by the general contractor specifying:

(1)    The number of trailers and mobile homes and names of all personnel to occupy the same;

(2)    The title, position or capacity of such personnel and the reasons why their presence is necessary at the site at times other than normal work hours;

(3)    Descriptions of the trailers and mobile homes in such detail as the chief building official may require;

(4)    The time period for which such permit is sought;

(5)    The sanitary, rubbish disposal, water and electrical supply facilities available to service the trailers and mobile homes; and

(6)    Such other information (including a detailed site plan) as may be required by the chief building official in order to process any such application.

(b)    Personnel for Whom Permits May Be Issued. Any such permit shall be issued only for watchmen, supervisory personnel and other special personnel, any of whose presence or availability is shown, to the satisfaction of the chief building official, to be reasonably necessary and essential on a 24-hour basis at or near the construction or demolition site.

(c)    Limitation on Number of Vehicles. The chief building official shall have the power, authority and duty, in his/her sound discretion, to limit the number of trailers and mobile homes permitted to the minimum satisfactorily shown to be necessary and essential as stated in subsection (b) of this section in view of the circumstances and exigencies of each individual situation, taking into consideration the size of the project, level of activity, time required for project completion, and any other pertinent factors.

(d)    Permit Period Limited. No such permit shall be issued for a period longer than six months, but shall specify a time period as short as practicable in the discretion of the chief building official. He/she shall be authorized to grant any such permit for the entire period requested, but not exceeding six months, or for a lesser period as may, under the circumstances, be reasonable, even though such action might necessitate later application for renewal of the permit.

(e)    Permissible Location Limited. Such permits shall normally be issued only for a location upon land in the same ownership as is the construction site; provided, that a permit may be issued for a location on land immediately abutting the construction site where such is the only possible or feasible location, and written permission of such abutting owner has been filed with the permit application.

(f)    Vehicle Standards. No such permit shall be issued to allow the parking of any trailer or mobile home which does not have approved, built-in, sanitary plumbing facilities, or which is substandard in any other respect so that it would, at the proposed location, in the opinion of the chief building official, constitute a probable nuisance or hazard or detriment to the safety or health of the neighborhood or of persons in the vicinity, or to rights of nearby residents to peaceable enjoyment of their properties.

(g)    Parking Site Standards. No such permit shall be issued to park any trailer or mobile home at a location which does not provide for disposal of sewage, human excrement or other liquid wastes directly into the public sewer system; provided, however, that a private sewage disposal system or other system for sanitary waste disposal may be provided and maintained if such system is approved in advance by the chief building official as not tending to create any health hazard.

(h)    General Location Restrictions. The chief building official shall deny permission to park any trailer or mobile home pursuant to this section at any location where, in his/her judgment, there would be any undue hazard to the safety or health of the inhabitants of such trailer or mobile home, or where the parking and maintenance of such trailer or mobile home would for any reason constitute a hazard or detriment to the peace, health, safety or welfare of other persons in the vicinity or of the general public.

(i)    Referral of Application for Permits to Other Departments. Before issuing any such permit, the chief building official shall refer copies of the application therefor to the city manager and to such other city departments and public agencies as the city manager may from time to time direct. Such referral shall be for the purpose of receiving reports, recommendations or protests from such other departments or agencies concerning such applications. The failure of any such department or agency to respond or report within one week shall be deemed to indicate no protest against the application by the department or agency to which such referral has been made. Except as to directions issued by the city manager, any such report recommendation or protest shall be advisory only insofar as the final action on the application by the chief building official is concerned.

(j)    Permit Conditions and Restrictions. In addition to the powers and authority hereinabove vested in the chief building official, he/she shall have the authority and duty, in connection with the issuance of any such permit, to impose such reasonable conditions and restrictions as are, in his/her discretion, necessary or advisable in order to protect the peace, health, safety and general welfare of any person or persons or of the general public.

(k)    Occupancy of Vehicles Restricted. Where any permit is issued pursuant to this section, no trailer or mobile home shall be occupied, except by the person or persons on whose behalf the permit was issued, together with his/her or their immediate family or families, and no other person shall inhabit, or be allowed by the permittee to inhabit, any such trailer or mobile home.

(l)    Vehicle Parking Prohibited Except by Permit. Where parking of trailers or mobile homes is prohibited by any provision of this code, no person shall park or maintain any house trailer or mobile home, and no person shall suffer the parking or maintenance of any house trailer or mobile home on premises owned, occupied or controlled by him/her, at or near a construction or demolition site without having obtained and without there then being in full force and effect a valid, current and unrevoked permit as provided in this section.

(m)    Revocation of Permit. The permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to the findings specified in Section 18.330.070(c), the permit may be revoked or modified if the necessity for the permit has terminated.

(n)    Parking by Individual Homeowner Not Allowed. Nothing in this section shall be construed to allow the parking of a trailer or mobile home on residential property during construction, alteration or repair of a dwelling for purposes of providing an alternate place of abode during such period as the permanent dwelling is uninhabitable. (Ord. 190 § 1; Ord. 832 § 30, 4-20-71; Ord. 871 § 19, 10-26-71; Ord. 1386 § 81, 6-17-80; amended during 2012 reformat; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22151.)

18.190.380 Mobile homes and trailers not in mobile home parks – Use at special events or temporary and seasonal uses.

The use of one or more trailers, mobile homes or recreational vehicles to provide for the temporary occupancy of watch people, supervisory or other special personnel on the site of a special event, pumpkin patch or Christmas tree lot may be authorized subject to the following requirements, restrictions, limitations and standards:

(a)    Approving Officer. Use of trailers, mobile homes or recreational vehicles for a special event shall require the approval of the city manager. Use of trailers, mobile homes or recreational vehicles for a pumpkin patch or Christmas tree lot shall require the approval of the chief building official.

(b)    Application. The applicant shall specify in writing:

(1)    The number of trailers, mobile homes and/or recreational vehicles and the names of all personnel to occupy them;

(2)    The title, position or capacity of such personnel and the reasons why their presence is necessary at the site at times other than normal work hours;

(3)    Descriptions of the trailers, mobile homes and/or recreational vehicles in such detail as the approving officer may require;

(4)    The time period for which such use is sought;

(5)    The sanitary, rubbish disposal, water and electrical supply facilities available to service the trailers, mobile homes and/or recreational vehicles; and

(6)    A detailed site plan and such other information as may be required by the approving officer in order to process any such application.

(c)    Personnel Who May Use Vehicles. Approval shall be given only for watch people, supervisory personnel and other special personnel whose presence or availability is shown, to the satisfaction of the approving officer, to be reasonably necessary at the special event, pumpkin patch or Christmas tree lot site.

(d)    Limitation on Number of Vehicles. The approving officer shall have the power, authority and duty, in his/her sound discretion, to limit the number of trailers, mobile homes and/or recreational vehicles permitted to the minimum satisfactorily shown to be necessary and essential in view of the circumstances and exigencies of each individual situation.

(e)    Period Limited. Any approval shall be given for a period as short as practicable at the discretion of the approving officer.

(f)    Permissible Location Limited. Such approval shall normally be given only for a location upon the site of the special event, pumpkin patch or Christmas tree lot. However, approval may be issued for a location on land immediately abutting the site where such is the only possible or feasible location and written permission of such abutting owner has been filed with the application.

(g)    Vehicle Standards. No approval shall be given to allow the parking of any trailer, mobile home and/or recreational vehicle which does not have approved, built-in, sanitary plumbing facilities, or which is substandard in any other respect so that it would, at the proposed location, in the opinion of the approving officer, constitute a probable nuisance or hazard or detriment to the safety or health of the neighborhood or of persons in the vicinity, or to the rights of nearby residents to peaceable enjoyment of their properties.

(h)    Parking Site Standards. No approval shall be given to park any trailer, mobile home and/or recreational vehicle at a location which does not provide for disposal of sewage, human excrement or other liquid wastes directly into the public sewer system; provided, however, that a private sewage disposal system or other system for sanitary waste disposal may be provided and maintained if such system is approved in advance by the approving officer as not tending to create any health hazard.

(i)    General Location Restrictions. The approving officer shall deny permission to park any trailer, mobile home and/or recreational vehicle pursuant to this section at any location where, in his/her judgment, there would be any undue hazard to the safety or health of the inhabitants of such trailer, mobile home and/or recreational vehicle, or where the parking and maintenance of such trailer, mobile home and/or recreational vehicle would for any reason constitute a hazard or detriment to the peace, health, safety or welfare of other persons in the vicinity or of the general public.

(j)    Conditions and Restrictions. In addition to the powers and authority hereinabove vested in the city manager and/or building official, he/she shall have the authority and duty, in connection with any approval under this section, to impose such reasonable conditions and restrictions as are, in his/her discretion, necessary or advisable in order to protect the peace, health, safety and general welfare of any person or persons or of the general public.

(k)    Occupancy of Vehicles Restricted. Where approval is given pursuant to this section, no trailer, mobile home and/or recreational vehicle shall be occupied other than by the person or persons on whose behalf the approval was given, together with his/her or their immediate family or families, and no other person shall inhabit, or be allowed by the permittee to inhabit, any such trailer, mobile home and/or recreational vehicle.

(l)    Vehicle Parking Prohibited Except by Permit. Where parking of trailers, mobile homes and/or recreational vehicles is prohibited by any provision of this code, no person shall park or maintain any trailer, mobile home and/or recreational vehicle, and no person shall allow the parking or maintenance of any trailer, mobile home and/or recreational vehicle on premises owned, occupied or controlled by him/her, at or near the site of a special event, pumpkin patch or Christmas tree lot, without having obtained and without there then being in full force and effect the approval of the approving officer as provided in this section.

(m)    The permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to the findings specified in Section 18.330.070(c), the permit may be revoked or modified if the necessity for the permit has terminated. (Ord. 2483 § 3, 9-3-02; amended during 2012 reformat; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22151.2.)

18.190.390 Mobile vending vehicle/cart1 operations.

Persons involved in mobile vending vehicle/cart operations shall conform to the following:

(a)    Mobile vending vehicles/carts shall not be allowed to operate on any public right-of-way, including sidewalks, except as provided pursuant to Chapter 5.35, commencing with Section 5.35.010, and Section 10.05.640.

(b)    Mobile vending vehicles/carts shall only be allowed on commercially/industrially zoned parcels that have been developed and are currently operating commercially or industrially.

(c)    Only one mobile vending vehicle/cart shall be allowed per location or parcel at any one time.

(d)    Mobile vending vehicles/carts must be completely self-contained with all items for sale (food, miscellaneous items) located within or on the unit.

(e)    All signs used in conjunction with a mobile vending vehicle/cart must be on or within the vehicle.

(f)    Mobile vending vehicles/carts shall only be operated between the hours of 5:00 a.m. and 9:00 p.m. and shall be removed from the site after each day of operation.

(g)    Operators of mobile vending vehicles/carts shall have written permission of the owner or agent of the property upon which the mobile vending vehicle/cart is located. A copy of the property owner’s permission shall be maintained on/in the mobile vending vehicle/cart.

(h)    Each mobile vending vehicle/cart operator shall apply for and obtain a vending permit, business license and identification card pursuant to the provisions of Title 5. (Ord. 1647 § 14, 1-22-85. 1990 Code § 8-22151.5.)

18.190.400 Nursery schools, children.

Day care centers for 14 or more children shall maintain a minimum six-foot-high, solid board fence or masonry wall on any property line abutting a residential district. A nursery school shall be located on a minimum 10,000-square-foot lot and shall not develop excessive traffic on local residential streets. (Ord. 87 § 8-22117; Ord. 1076 § 1, 12-2-75; Ord. 1098 § 1, 5-4-76; Ord. 1386 § 81, 6-17-80; Ord. 1560 § 15, 6-7-83; amended during 2012 reformat. 1990 Code § 8-22152.)

18.190.410 Nursing care facilities (skilled nursing facilities).

All nursing care facilities2 (skilled nursing facilities) shall meet and be subject to the following minimum requirements:

(a)    Access. In approving any permit application, the approval body shall specify a point or points of access to the public streets that will cause the least burden upon the street system and surrounding land uses.

(b)    Land Coverage. The building shall not cover more than 40 percent of the net site area, and at least 25 percent of the net site area (excluding parking area and vehicular access drives) shall be landscaped or developed as common open space1.

(c)    Private Open Space1. Seventy square feet shall be provided for each patient bed. Up to 10 percent of the landscaped common open space provided pursuant to subsection (b) of this section may be utilized to accommodate private open space areas.

(d)    Screening. Along all property lines abutting any R-1 or R-2 zoning district, there shall be installed and maintained a solid masonry wall not less than four feet nor more than seven feet in height, or a landscaped strip with a minimum width of 10 feet and containing landscaped materials which provide the general screening effect that would otherwise be obtained by a fence or wall. Loading facilities shall be screened from adjoining properties and, insofar as practicable, from the view of patients from their rooms within the facility. (Ord. 616 § 2; Ord. 1099 § 15, 5-25-76; Ord. 1386 § 81, 6-17-80; Ord. 5-2008 § 17, 4-1-08; Ord. 16-2015 § 48, 6-2-15; Ord. 04-2016 § 37, 3-1-16. 1990 Code § 8-22153.)

18.190.415 Places of entertainment in downtown district.

The zoning administrator shall issue a zoning administrator permit for a use located within the downtown district that has been classified as a place of entertainment pursuant to Chapter 5.45 if he or she finds that such use will not have an adverse effect on adjacent properties and the use complies with the limitations set forth in Section 5.45.130 (places of entertainment operating conditions) and the requirements for a zoning administrator permit as set forth in Chapter 18.275. (Ord. 16-2015 § 49, 6-2-15.)

18.190.420 Recreational facilities, commercial.

When the underlying zoning allows for consideration of a commercial recreation1 use, the following standards and requirements apply:

(a)    The requirements set forth in Section 18.190.025 when the recreation use also constitutes an assembly use1.

(b)    Incorporation of controls or measures to address potential noise and vibration conflicts between differing uses (e.g., a commercial recreation facility with housing above or adjacent could be impacted by noise or vibration from the commercial recreation activity). Special studies may be required to ascertain appropriate requirements given the particular location and surrounding uses.

(c)    When an outdoor recreation or surface parking lot is proposed abutting a residential use, the design shall provide:

(1)    A minimum seven-foot-high solid board fence or masonry wall between the uses. Other fencing types and heights may be required to address differing needs (e.g., ball fields and tennis courts).

(2)    That any lighting be shielded from residential uses.

(3)    A minimum 10-foot landscaped setback between the outdoor recreation use and the residential property line. Parking areas shall meet the requirements in Chapter 18.183. The approval authority may require that the setback be increased to up to 20 feet and that additional landscaping be provided to ensure appropriate buffers are in place.

(d)    The approval authority may limit hours of operation to assure compatibility of uses. (Ord. 87 § 8-22120; Ord. 1386 § 81, 6-17-80; Ord. 04-2016 § 38, 3-1-16. 1990 Code § 8-22154.)

18.190.430 Recycling facilities.

Recycling facilities shall conform to the following criteria and standards:

(a)    Reverse Vending Machine(s). All recycling facilities using reverse vending machines shall comply with the following standards:

(1)    Established in conjunction with a commercial use or public or quasi-public use which is in compliance with this title (zoning ordinance) and building and fire codes;

(2)    Located so as to not obstruct pedestrian or vehicular circulation;

(3)    Occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

(4)    Constructed and maintained with durable waterproof and rustproof material as approved by the chief building official;

(5)    Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or person to be called if the machine is inoperative;

(6)    Conformance with the applicable provisions of the sign ordinance;

(7)    Maintained in a clean, litter-free condition on a daily basis. An enclosed trash receptacle shall be provided in conjunction with each machine or cluster of machines.

(b)    Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones, as specified, with a zoning administrator permit, provided they comply with the following conditions:

(1)    Established in conjunction with an existing commercial use or public or quasi-public use which is in compliance with this title (zoning ordinance) and building and fire codes;

(2)    No larger than 500 square feet and occupy no more than five parking spaces, not including space needed periodically for the removal of materials or exchange of containers;

(3)    Set back at least 10 feet from any street lot line or shall be in conformance with the setback requirements of the district, whichever is greater, and shall not obstruct pedestrian or vehicular circulation;

(4)    Accept only glass, metals, plastic containers, papers and reusable items; used motor oil may be accepted with permission of the Alameda County health officer;

(5)    Use no power-driven processing equipment except for reverse vending machines;

(6)    Use containers which are constructed and maintained with durable waterproof and rustproof material; the containers, other than self-contained and enclosed units, shall be covered when site is not attended and secured from unauthorized entry or removal of material;

(7)    Store all recyclable material in containers or in a mobile recycling unit vehicle; materials may not be stored outside of containers when attendant is not present;

(8)    The facility, including mobile recycling facilities, shall be maintained free of litter and any other trash; the mobile recycling facilities shall be swept clean at the end of each collection day;

(9)    Enclosed trash containers shall be provided;

(10)    Noise levels shall not exceed an Ldn level of 60 db as measured at the property line of residentially zoned or occupied property, hotels, schools, hospitals or neighborhood parks; otherwise, noise levels shall not exceed an Ldn level of 65 db for offices and 70 db for industrial and agricultural uses;

(11)    Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

(12)    Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use;

(13)    All containers shall be clearly marked to identify the type of material which may be deposited; the name and telephone number of the facility operator and the hours of operation shall be clearly posted; a sign shall be prominently displayed stating that no material shall be left outside of the recycling enclosure or containers;

(14)    All signs and notices shall be subject to the provisions of the sign ordinance;

(15)    The facility shall not interfere with the landscaping required for the principal use;

(16)    The facility shall be screened by a minimum six-foot-high masonry wall and at least six feet of landscaping on at least two sides, or as otherwise determined necessary by the zoning administrator;

(17)    No additional parking spaces will be required for customers of a small recycling collection facility located at the established parking lot of a host use; one space shall be provided for the attendant and for each employee;

(18)    Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; a sign shall be posted indicating the days and times when the mobile recycling unit will be in operation;

(19)    Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless all of the following conditions exist:

(A)    The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

(B)    A parking study indicating the existing parking capacity is underutilized during the time the recycling facility will be in operation on the site;

(C)    The permit will be reconsidered at the end of 18 months.

If the above conditions exist, then the available parking spaces in an established commercial parking facility of greater than 100 cars may be reduced by five spaces.

For a public or quasi-public use location, the maximum reduction of five spaces may be allowed when not in conflict with parking needs of the principal use;

(20)    A recycling permit shall be subject to periodic review and renewal at the end of each 18 months to determine the compliance with conditions. If extension of a permit is not granted, the collection facility shall be removed from the site within 24 hours following the expiration of the permit.

(c)    Large Recycling Collection Facilities. A large recycling collection facility is one which is larger than 500 square feet, or is on a separate property not appurtenant to a principal use, and which may have a permanent building. A large collection facility may be permitted subject to the following standards:

(1)    The facility shall be at least 150 feet from property zoned or designated on the general plan for residential;

(2)    The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by a solid fence or wall at least six feet in height with at least six feet of landscaping;

(3)    The facility shall meet all city noise ordinance standards;

(4)    Setbacks and landscaping requirements shall be those required for the zoning district in which the facility is located;

(5)    All exterior storage of material shall be in containers approved by the chief building official which are covered and secured when not attended; oil storage must be in containers approved by the Fremont fire department; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

(6)    The site shall be maintained free of litter and any other trash materials, and shall be cleaned of loose debris on a daily basis;

(7)    Sufficient parking shall be provided on site for six vehicles or anticipated peak customer load, whichever is higher;

(8)    One parking space shall be provided for each commercial vehicle operated by the recycling facility; parking requirements shall be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown the parking spaces are not necessary, such as when employees are transported in a company vehicle to the work facility;

(9)    Noise levels, as measured at the property line separating the adjacent use, 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. When 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 70dB(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;

(10)    If the facility is located within 500 feet of property zoned, planned or developed for residential use, school, hospital or neighborhood park, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

(11)    Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use; they shall be of sturdy, rustproof construction as approved by the chief building official, have sufficient capacity to accommodate materials collected, and be secure from unauthorized entry or removal of materials;

(12)    Donation areas will be kept free of litter and any other trash material, and the containers shall be clearly marked to identify the type of material to be deposited; the facility shall display a notice stating no material shall be left outside the recycling containers;

(13)    The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the sign ordinance; and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

(14)    Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved by the zoning administrator if noise standards and other conditions are met.

(d)    Recycling Processing Facilities. A recycling processing facility is permitted subject to a zoning administrator permit in a general industrial district, subject to the following conditions:

(1)    The facility does not abut a property zoned or planned for residential use on the general plan;

(2)    The facility shall be subject to all setback, screening, landscaping and exterior storage requirements of the district;

(3)    Power-driven processing shall be permitted, provided all city noise level ordinance requirements are met;

(4)    A processing facility may accept motor oil for recycling from the generator in accordance with Cal. Health & Safety Code § 25250.11 and the fire department;

(5)    All exterior storage of material shall be in containers approved by the chief building official which shall be covered and secured when not attended; oil storage must be in containers approved by the Fremont fire department; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

(6)    The site shall be maintained free of litter and other trash materials and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

(7)    Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials; if the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher;

(8)    One parking space shall be provided for each commercial vehicle operated by the processing center; parking requirements will otherwise be as required by Chapter 18.183;

(9)    The facility shall meet all city noise ordinance standards;

(10)    If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.; the facility will be administered by on-site personnel during the hours the facility is open;

(11)    Any containers provided for after-hours donation of recyclable materials shall be at least 50 feet from any property zoned or occupied for residential or hospital use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secured from unauthorized entry or removal of materials;

(12)    Donation areas shall be kept free of litter and any other trash material; the containers shall be clearly marked to identify the type of material which may be deposited; the facility shall display a notice stating no material shall be left outside the recycling containers;

(13)    Signs shall be conformance with Chapter 18.193; in addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

(14)    No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(e)    Miscellaneous Provisions.

(1)    No recycling containers shall be located on properties outside of approved recycling facilities.

(2)    No existing recycling facilities, other than those with permits, shall be “grandfathered” as preexisting facilities.

(3)    If, after October 15, 1988, it is determined that there is a problem with enforcement of the provisions of this section, it is hereby provided that a cash deposit, of an amount determined, may be levied against all existing and new recycling facilities. The amount shall be sufficient to clean up a facility if such facility is no longer operational and is abandoned. (Ord. 1797 § 22, 9-22-87; Ord. 1799 § 22, 10-13-87; Ord. 2045 §§ 133, 134, 9-21-93; Ord. 17-2016 § 35, 9-13-16. 1990 Code § 8-22154.5.)

18.190.440 Recycling, refuse and waste collection areas – Trash enclosures and compactors.

(a)    Purpose and Definitions. The purpose of this section is to implement state requirements for waste reduction, diversion and recycling by providing properly sized, safe, visually acceptable trash enclosures with convenient service access. In this section, the definitions set forth in Section 8.40.040 apply.

(b)    Trash Enclosures Required. A trash enclosure is required as part of any commercial, industrial, institutional, or residential development for which a building permit application is required. The design and construction of all trash enclosures shall conform to the requirements in this title, the Fremont waste handling guidelines, and standards for design review permit approval of Chapter 18.235.

(1)    Residential Uses.

(A)    New single-family dwellings, two-family dwellings, duet dwellings or dwelling groups shall provide for enclosure of containers within each individual garage.

(B)    New multiple-dwelling developments consisting of four or less units or multiple-dwelling developments of five or more units with enclosed and individually accessed garages shall provide for enclosure of containers within each individual garage.

(C)    New multiple-dwelling development consisting of five units or more without enclosed and individually accessed garages shall provide a common trash enclosure(s).

(D)    All development not meeting the descriptions of subsection (b)(1)(A) or (B) of this section shall provide for a common trash enclosure(s).

(2)    Exceptions for Residential Uses. Notwithstanding the above, the following exceptions shall apply for residential uses:

(A)    New non-multiple-dwelling unit development situated on individual lots may be relieved from providing required garage storage area if:

(i)    A screened exterior trash enclosure structure designed in accordance with the standards of this title is available to the homeowner as part of the common area and improvements of the development; or

(ii)    The containers will be permanently stored in the rear or side yard of the individual lot with appropriate homeowner access and the containers are screened from public view.

(B)    Existing non-multiple-dwelling unit development and any proposed additions or modifications to such dwellings are exempt from being required to provide storage of containers within a garage; provided, that containers are stored in an area screened from public view.

(3)    Commercial, Industrial, Institutional, Open Space and Other Nonresidential Uses.

(A)    All new development shall provide a trash enclosure(s) to serve the proposed use.

(B)    All food service facility additions, expansions, or changes of use establishing a food service facility on a site shall, at a minimum, provide a trash enclosure(s) to serve the food service facility.

(C)    Any improvements or additions to uses or tenant spaces existing prior to March 1, 2007, which collectively add or affect 30 percent or more to the existing floor area of the development project within a 12-month period, individually or cumulatively, shall provide a trash enclosure(s) to serve the whole of the uses on the site.

(D)    Legal nonconforming trash enclosures permitted before March 1, 2007, which do not comply with current standards shall be brought into conformance whenever the following occur in the context of increasing the nonconforming attributes (e.g., capacity, access, screening, etc.) of the enclosure:

(i)    There is an addition, enlargement, alteration or change of use within a building or on the site.

(ii)    There is an alteration, improvement, or rearrangement of the enclosure itself.

(c)    Individual Garage, Yard Storage, and Setout Area Design Requirements.

(1)    Individual garages shall provide (clear of required parking areas) a minimum of 27 square feet of area available for storage of municipal solid waste, recycling, and yard waste collection containers as described in the Fremont waste handling guidelines. The area required may be reduced to 18 square feet when it can be demonstrated that individual yard waste containers are not needed. This area shall be reserved and kept available for its intended use at all times.

(2)    Storage of containers in side or rear yards shall provide for a minimum container storage area of 27 square feet screened from public view with clear homeowner access to each individual container in accordance with the Fremont waste handling guidelines. The area may be reduced to 18 square feet when it can be demonstrated that individual yard waste containers are not needed. Containers shall not be located adjacent to a neighboring structure without separation by a good-neighbor fence that screens the containers.

(3)    Residential development on private streets (including detached townhouse style developments) shall provide adequate exterior space for container set out and collection such that streets, sidewalks, garages, and driveways are not obstructed at any time.

(d)    Trash Enclosure Structure Design and Construction Requirements. Trash enclosures for recyclable materials, compostable materials and municipal solid waste shall be adequate in capacity, number, and distribution to serve the designated occupants and use of the site or development project. Adequate capacity shall be determined by the planning division for each enclosure using tables in the Fremont waste handling guidelines as appropriate for the use(s) on site. Square footage shall be determined by the internal dimensions of the area designed for storage.

(1)    Location.

(A)    Trash enclosures shall be located so they are convenient and accessible to persons placing materials in the containers as well as to the collector.

(B)    Unobstructed collection vehicle access shall be available at all times.

(C)    All municipal solid waste, recyclable, and compostable material containers shall be located within the same enclosure, unless at the discretion of the planning division it is determined that extraordinary circumstances prevent co-locating of containers within one enclosure, thereby necessitating multiple enclosures.

(D)    Enclosures for residential uses shall be no further than 150 feet from the nearest point of each unit intended to be served by the trash enclosure, unless otherwise authorized by the planning division. In no case shall a trash enclosure be situated further than 250 feet from the nearest point of each unit.

(2)    Enclosure Walls, Roofs, and Construction Materials.

(A)    Each trash enclosure shall be enclosed on four sides, one of which shall include a solid gate or door. The enclosure shall fully screen municipal solid waste, compostable material and recyclable material containers from public view. Additional screening may be required by the planning division that includes landscaping or decorative materials to enhance the appearance of the proposed trash enclosure structure.

(B)    The height of trash enclosure walls shall be a minimum of six feet and maximum of 10 feet. The height of the wall shall ensure that no materials or containers are visible from public view.

(C)    Wall material shall be noncombustible or masonry materials compatible with the main structure’s design and color.

(D)    Roofs are required for all trash enclosures associated with food service facilities or multiple-dwelling development in accordance with the city of Fremont’s urban storm water runoff standards. The city may require roofs in other commercial, institutional, and industrial development categories at the discretion of the planning division for improved design compatibility or as storm water runoff requirements. Applicants may propose an alternative design to the requirement for a roof if the design accomplishes equal or superior storm water pollution prevention benefits as a roofed enclosure.

(E)    The enclosure roof shall have adequate clearance to allow for complete opening of the container lid by 180 degrees in accordance with standards of the Fremont waste handling guidelines and in no case shall the ground clearance to the roof be less than eight feet in height. Roof design shall be of solid material for protection of the trash enclosure containers from the elements.

(F)    High quality materials with architectural interest shall be used for enclosures to ensure design compatibility. Chain link fencing with wooden slats shall be avoided whenever possible, unless determined by the planning division that for design consistency chain link fencing is permissible. For enclosures with chain link fencing for walls, a chain link gate may be approved by the planning division in lieu of solid door.

(3)    Development Standards.

(A)    Enclosures shall be designed with adequate capacity to accommodate a minimum service level of one collection per week. The planning division may approve a reduction in the minimum enclosure capacity design for increased frequency of service per week for high volume municipal solid waste and recyclable generation.

(B)    A six-inch poured-in-place perimeter curb shall be provided inside the enclosure to protect the enclosure walls.

(C)    All gates shall be hinged on the outside with cane bolts to hold the gates open.

(D)    Four-inch bollards shall be placed on each side of all gates when the planning division determines additional protection of the enclosure or other facilities is required due to its siting and access.

(E)    Drainage for trash enclosures with a required wash area (e.g., food service facility) or a residential use shall connect to the sanitary sewer. Sanitary sewer connections and inclusion of oil-water separators shall be in accordance with Union sanitary district standards.

(F)    The enclosure shall be designed with appropriate orientation or slope to prohibit storm water runoff flow into or through the enclosure.

(G)    Conformance with city of Fremont fire code and automatic fire extinguishing system requirements in accordance with Fremont waste handling guidelines and administrative procedures.

(H)    The enclosure structure shall be designed to limit general public access to the material loading/input area.

(4)    Vehicle Access. Franchise collector vehicle minimum access requirements to the enclosures are as follows:

(A)    Driveways or travel aisles leading to enclosures and setout areas shall comply with Fremont waste handling guidelines for width and height clearance.

(B)    Collection and loading area vertical clearance dimension shall comply with the Fremont waste handling guidelines.

(C)    An on-site turnaround shall be provided for any street, driveway, or travel aisle that would otherwise require a municipal solid waste or recycling collection vehicle to back up a distance greater than 150 feet. The design shall be in accordance with the Fremont waste handling guidelines for collection vehicle dimensions.

(D)    A concrete pad shall be constructed in front of each enclosure of such dimensions and orientation to allow collection vehicles to rest on the pad when loading and unloading bins and containers to prevent damage to paved surfaces.

(i)    The pad shall have a level surface (no slope) where roll-out bins and containers are used.

(ii)    Paving material for the pad shall consist of a five-inch aggregate base material and six inches of Portland cement paving or alternative materials subject to approval by the planning division upon demonstrating equivalent structural integrity and durability.

(e)    Compactors.

(1)    Compactors may only be permitted in conjunction with large commercial, industrial, or institutional uses.

(2)    Adequate capacity for storage of recyclable materials shall be provided in conjunction with an approved trash compactor. Recyclable materials shall be stored within an enclosure or in a shipping/receiving/loading dock area that is readily accessible and convenient to building occupants, facility maintenance personnel, and to the collection service provider(s).

(3)    Compactors are subject to design review permit approval.

(4)    Compactors shall comply with trash enclosure standards of subsection (d) of this section for location, access, screening, and design requirements.

(5)    Compactors are subject to the Fremont waste handling guidelines.

(6)    Compactor areas for large facilities that produce, offer, or sell food must include a roof and sanitary sewer drainage connection in accordance with Union sanitary district standards.

(7)    A written agreement shall be provided by the applicant stating that the franchise hauler is able to serve the compactor.

(8)    Recyclable material compactors or baling equipment for cardboard, paper, and other materials are encouraged.

(9)    Recyclable material compactors and baling equipment may be shared among tenants, subject to approval by the planning division of the trash enclosure and compactor design for the site.

(f)    Interior Building Location Standards. Interior building space may be used in order to meet the intent of the trash enclosure or compactor requirements of this title under the following conditions:

(1)    The facilities shall be equivalent to those required for exterior trash enclosure facilities under provisions of this title.

(2)    In the event that an interior building space is considered for a trash enclosure in a commercial, industrial, institutional or multidwelling development, a written agreement between the property owner and the city’s franchised collector or permittee addressing access and collection procedures to the satisfaction of the planning division shall be provided to the planning division prior to issuance of a building permit.

(3)    Chute systems shall have the capacity to handle equal amounts by volume of solid waste and recycling. The design and construction of chutes shall conform to the requirements in this title, the Fremont waste handling guidelines, and standards for design review permit approval.

(g)    Enclosure Violation. It is unlawful for any property or building owner to remove or dismantle a trash enclosure, structure or area, or to use it for purposes other than for collection and storage of recyclable materials, compostable materials and solid waste for pickup. (Ord. 685 § 1; Ord. 1386 § 81, 6-17-80; Ord. 2040 § 7, 7-27-93; Ord. 4-2007 § 25, 2-13-07; Ord. 9-2014 § 28, 3-4-14; Ord. 04-2016 § 39, 3-1-16. 1990 Code § 8-22155.)

18.190.450 Rental of parking space in private garages.

Parking space within a private garage may be rented for the storage of private passenger vehicles of persons not resident upon the premises; provided, that the minimum number of off-street spaces required pursuant to Chapter 18.183 is retained for use by occupants of the premises; and provided, further, that during any time that persons resident upon the premises do not own or otherwise have a passenger vehicle available for their regular use, off-street parking space required for such occupancy may be rented. (Ord. 627 § 5; Ord. 1386 § 81, 6-17-80. 1990 Code § 8-22156.)

18.190.460 Repair and maintenance of buildings.

Notwithstanding any other provisions of this title, repairs and maintenance operations necessary to maintain a building or structure in a safe and sanitary condition shall be permitted without design review permit approval or the historical architectural review prescribed by this title, and irrespective of whether or not such building or structure is located upon a lot, as such term is defined in Chapter 18.25; provided, however, that this section shall not be deemed to affect, in any respect, the provisions of Chapter 18.180 concerning repairs to nonconforming uses. (Ord. 180 § 1; Ord. 943, 4-17-73; Ord. 1211 § 6, 11-8-77; Ord. 1386 §§ 81, 84, 6-17-80; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22157.)

18.190.470 Roadside stands.

Roadside stands, as defined in this title, shall be allowed only in districts which expressly permit them, subject to the following:

(a)    Operator to Raise Produce. All produce sold on the premises shall have been raised by the operator of the stand.

(b)    Commodity Restriction. Produce sold from the stand shall consist of at least one commodity grown on the lot on which the stand is situated by the operator of the stand.

(c)    Location Restriction. At least one acre of produce shall be grown on the lot on which the stand is located.

(d)    Area. The roadside stand shall not exceed 400 square feet in area.

(e)    Storage Structure. A storage structure in conjunction with a roadside stand may be permitted, provided it does not exceed 200 square feet in area.

(f)    Number per Lot. Only one roadside stand shall be allowed on a lot.

(g)    Permit Required. No such use shall be established or maintained unless and until there has been issued and there is in full force and effect a permit therefor issued by the chief building official. The permit shall be valid for one year at an annual fee established in the master fee resolution. Such permit and fee shall provide for the operation of the stand and authorized signs.

(h)    Permit Application. The application for any such permit shall be in writing and shall have appended thereto:

(1)    The location of the roadside stand;

(2)    The zoning district in which the roadside stand is located;

(3)    The name and address of the owner of the premises upon which the stand is located;

(4)    The name and address of the operator of the stand;

(5)    The location, ownership and the interest of the operator of the stand in the land where the produce is grown.

The chief building official further may require the submission of such other information as is deemed necessary to process the application and enforce the provisions of this section.

(i)    Issuance of Permit. The chief building official shall issue a permit if it appears that the stand is located in a district allowing such use and such stand is in fact an accessory use to the principal use on the same lot and will be in compliance with this section.

(j)    Posting of Permit. The permittee shall post a copy of the permit issued in a conspicuous place within the stand where it may be readily inspected and read.

(k)    The permit may be revoked or modified subject to the procedures described in Chapter 18.330. (Ord. 877 § 1, 1-18-72; Ord. 1174 § 15, 6-14-77; Ord. 1386 § 81, 6-17-80; Ord. 1759 § 101, 1-6-87; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22158.)

18.190.480 Secondary dwelling units.

Repealed by Ord. 01-2017. (Ord. 1564 § 5, 6-28-83; Ord. 1683 § 39, 8-27-85; Ord. 1759 § 102, 1-6-87; Ord. 2502 § 8, 7-1-03; Ord. 2532 § 6, 3-2-04; Ord. 9-2014 § 28, 3-4-14; Ord. 16-2015 § 50, 6-2-15; Ord. 04-2016 § 40, 3-1-16. 1990 Code § 8-22159.5.)

18.190.490 Senior citizen housing projects.

All multistory housing projects built and operated for the exclusive use of senior citizens shall be provided with elevator(s) which provide access to all floors above or below the ground floor. (Ord. 1761 § 1, 1-20-87. 1990 Code § 8-22159.6.)

18.190.500 Service facilities permitted in any district.

The erection, construction, alteration or maintenance of service facilities by an operator shall be allowed in any district, subject to the following definitions, requirements, restrictions, limitations and standards:

(a)    Definition of “Service Facilities.” “Service facilities,” as used herein, shall mean underground or overhead electrical, gas, petroleum products, steam or water transmission systems; collection, communications supply or disposal transmission systems, including poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith.

(b)    Definition of “Operator.” “Operator,” as used herein, shall mean any public utility, corporation or other private business entity, municipal corporation or other governmental agency.

(c)    Location of Service Facilities in Public Streets. Except as provided in subsection (e) of this section, the erection, construction, alteration or maintenance of service facilities by an operator in, upon, under or over public streets shall be a principal permitted use in any district. To the maximum extent feasible and allowed by law, the design of such facilities within the hill areas1 as defined by the general plan shall be consistent with the open space district performance standards (Section 18.55.040) and the development standards of the hillside combining district (Sections 18.130.050 through 18.130.070).

(d)    Location of Service Facilities Not Within Public Streets. Any proposal by an operator to place any service facilities in locations which are not within public streets shall be allowed only if a conditional use permit has been obtained. The commission may grant a conditional use permit for the use of land for such service facilities pursuant to the provisions of this title, giving particular consideration to the effect of the location and manner of operation of the service facilities upon future development of the city’s public street system and privately owned lands within the undeveloped and growing areas in which such service facilities will be located.

(e)    Location of Service Facilities Above the Toe of the Hill1 Line. Those services requiring a conditional use permit and not exempted from local regulation by state or federal law, and located above the toe of the hill1 line, shall be consistent with the Hill Initiative of 2002. Such facilities are limited to meeting the needs created by uses permitted above the toe of the hill1 line, unless the city council reasonably finds more extensive public need that cannot practicably be met below the toe of the hill1 line.

(f)    Certain Service Facilities Excepted. This section shall not apply to the following:

(1)    Existing service facilities located within the city of Fremont;

(2)    Service facilities which are constructed, installed, altered or maintained in connection with any subdivision approved pursuant to Title 17;

(3)    Service facilities providing a direct connection from distribution service facilities immediately adjacent to a single parcel, or unified residential or private commercial development, not involving a subdivision, which is to be served by such connection; provided, that in addition to such exception, a conditional use permit shall not be required pursuant to subsection (d) of this section if a proposal involves the extension of service facilities to serve a parcel or lot not more than 300 feet from distribution service facilities where such service facilities are to be placed entirely underground in utility easements located within intervening parcels or lots and easements do not create a subdivision and do not substantially divest the property owners subject to such easements from the right and ability to develop their property pursuant to this title;

(4)    Service facilities located entirely within I-G or I-T industrial districts; and

(5)    Service facilities for the production, generation, storage or transmission of water, which are constructed by the Alameda County water district.

(g)    Compliance with Other Laws Not Excused. No provision of this section shall be deemed to relieve any person from compliance with other applicable provisions of law such as, but not limited to, Cal. Gov’t Code §§ 65402 and 65455, Chapter 12.05 (relating to encroachments within public streets and rights-of-way), and Chapter 12.35 (relating to undergrounding of service or utility facilities). (Ord. 87 § 8-22207; Ord. 496 § 1; Ord. 631 § 8; Ord. 1386 § 81, 6-17-80; Ord. 1560 § 15, 6-7-83; Ord. 21-2005 § 6(Exh. A-15), 7-26-05; Ord. 17-2016 § 36, 9-13-16. 1990 Code § 8-22160.)

18.190.510 Sidewalk dining.

(a)    Permit Required. A zoning administrator sidewalk dining permit shall be required for any tables, chairs, benches or other appurtenances placed in the public right-of-way for the purpose of establishing a sidewalk dining area. A sidewalk dining area may be allowed in association with an establishment that serves beverages or food, excluding drinking places,2 which meets the standards established in subsection (d) of this section. The zoning administrator may issue such permit only upon finding that the requirements of this section have been met. No such use shall be established or maintained unless and until there has been issued and there is in full force and effect an approved zoning administrator permit.

(b)    Location. sidewalk dining areas within the public right-of-way are permitted only in areas zoned D-CA, D-E, CC-TN, CC-UO, CC-UN, TC-P, TC-T, WSI-3, WSI-4, WSI-4A, WSI-5, WSI-8 and WSI-9 districts or as otherwise permitted as part of an approved planned development district.

(c)    Procedure.

(1)    Application for permits for sidewalk dining shall be made to the zoning administrator. The zoning administrator may establish conditions of approval for the sidewalk dining area as necessary to achieve the requirements of this section.

(2)    The application for any such permit shall be in writing and shall have appended thereto a dimensioned plot plan to scale showing the location of the business, the adjacent sidewalk, including any trees or other plant materials, and the proposed location of all tables, chairs, trash receptacles and other dining area appurtenances.

(d)    Standards. The following standards shall be met for the establishment and maintenance of a sidewalk dining area:

(1)    Physical Requirements.

(A)    Four-foot unobstructed sidewalk clearance for pedestrians shall be maintained at all times from a table, chair, bench, or any other appurtenance or street furniture (fire hydrant, street light, etc.) located in the vicinity of the sidewalk dining area.

(B)    No sidewalk dining area shall be located so as to block access to or from a building, or access to vehicles legally parked on city streets, or a bus stop area. A minimum unobstructed clear area shall be maintained which extends from the hinged side of the doorway to the business to two feet beyond the door jamb on the closure side, and eight feet perpendicularly from the door in a closed position.

(C)    Sidewalk dining is not permitted at street corner locations, which are those rectangular areas bounded on two sides by the curb line and on two sides defined by projecting lines, drawn at right angles to one another, from the corner point of the building to the curb line.

(D)    All sidewalk dining furniture shall be removed daily after business hours, except that planters or other approved barriers around a sidewalk dining area may remain if unable to be easily removed.

(E)    No portion of a sidewalk dining area shall be permanently attached to the sidewalk.

(F)    Any umbrella or similar furniture used in a sidewalk dining area shall be safely secured.

(G)    Sidewalk dining areas shall generally be located within the sidewalk area fronting the establishment. Such areas may be extended beyond the frontage only with the approval of any affected business owner and the zoning administrator.

(2)    Design.

(A)    The design and appearance of all proposed improvement or furniture, including but not limited to tables, chairs, benches, planters, and menu boards, to be placed in the sidewalk dining area shall present a coordinated theme and be compatible with the appearance and design of the principal building as determined by the zoning administrator.

(B)    Freestanding canopy shade structures are not allowed on the sidewalk.

(C)    No sign shall be permitted in connection with a sidewalk dining area except as may be required by the city for reasons of public health or safety, or unless as approved by the zoning administrator as part of the application.

(D)    No portable heaters shall be located on the public sidewalk, other than those specifically designed for outdoor dining and approved by the zoning administrator.

(3)    Hours of Operation. A sidewalk dining area may generally operate between 7:00 a.m. and 10:00 p.m.

(4)    Maintenance.

(A)    The permittee shall maintain the sidewalk dining area and the adjacent street, curb, gutter, and sidewalk in a neat, clean and orderly condition at all times. This shall include all tables, chairs, benches, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the zoning administrator.

(B)    The permittee shall clean the surface of the sidewalk to remove any stains, marks, or discoloration to the satisfaction of the city engineer on a regular basis at least once every seven days.

(5)    Requirement to Produce Approved Zoning Administrator Permit on Demand. The operator of a sidewalk dining area shall have available at all times the approved, dimensioned plot plan showing the location of tables, chairs and any other sidewalk furniture. The permit shall be available for the use of city enforcement officials and representatives of the State Department of Alcoholic Beverage Control at all times. sidewalk dining shall be configured as shown on the approved permit plot plan. No additional chairs or tables shall be permitted and chairs and tables shall be placed as shown on the approved permit.

(6)    Special Standards for Outdoor Dining Areas with Alcoholic Beverage Service.

(A)    Alcoholic beverages may be served only in sidewalk dining areas which are established in conjunction with a restaurant. For the purposes of this section, a “restaurant” is a business operating within an enclosed building which has as its primary purpose the serving of meals prepared on the premises, which devotes the majority of its floor area to food preparation and dining, where table service is provided, and where any bar or liquor service area shall be clearly subordinate in both area of premises devoted to it and share of gross receipts to the primary dining function of the restaurant.

(B)    The sidewalk dining area shall be physically separated from the rest of the sidewalk by a barrier no greater than three feet and no less than two feet in height. The barrier shall be compatible with the appearance and design of the building and the rest of the sidewalk dining area and shall be subject to the approval of the zoning administrator. The barrier shall be portable and may consist of planters, removable bollards, or similar features which involve no alteration or damage to the sidewalk.

(C)    Signs shall be posted at the exterior exit from the sidewalk dining area notifying patrons that alcoholic beverages may not be removed from the premises (including the sidewalk dining area).

(D)    The capacity of the sidewalk dining area shall be limited to the number of seats, as approved by the zoning administrator.

(E)    No bar shall be allowed in the sidewalk dining area.

(F)    The restaurant operator shall be responsible for clearing empty beverage containers from the sidewalk dining tables as soon as practicable.

(G)    All alcoholic beverages served in the sidewalk dining area shall be served in an appropriate glass container. No disposable beverage containers shall be allowed.

(H)    A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such a license shall automatically constitute termination of the zoning administrator permit to serve alcoholic beverages in the sidewalk dining area.

(e)    Indemnification/Insurance. The permittee shall agree to defend, indemnify and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permittee’s use of the public right-of-way. The permittee shall provide to the city in a form acceptable to the city’s risk manager a certificate of insurance evidencing the existence of a general liability policy in the amount of $1,000,000 covering the area and activity subject to the permit.

(f)    Suspension of Permit. The zoning administrator shall have the right to suspend or prohibit the operation of a sidewalk dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to: scheduled festivals, parades, marches, and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the sidewalk dining area must be suspended.

(g)    Violation of Conditions.

(1)    If any portion of a sidewalk dining area obstructs the public right-of-way beyond which is provided for in this section, the zoning administrator or his/her designee shall direct the permittee immediately to remove the obstruction by providing written notice. If the permittee fails to do so within the time period specified by the zoning administrator or his/her designee, the zoning administrator or his/her designee is entitled to remove the obstruction immediately. If requested, a hearing shall be promptly provided either before or after the obstruction is removed, as appropriate under the circumstances.

(2)    If the sidewalk dining area is not maintained in a clean, neat and orderly condition, or as conditioned by the zoning administrator, the zoning administrator or his/her designee shall direct that the permittee or property owner correct the condition and/or remove the furniture and appurtenances. If the zoning administrator finds that it is necessary to remove the furniture or appurtenances in the interests of public health, safety or general welfare and the permittee fails to remove them after giving written notice, the zoning administrator or his/her designee may immediately remove them at the expense of the permittee or property owner. If requested, a hearing shall be promptly provided either before or after the obstruction is removed, as appropriate under the circumstances.

(3)    A sidewalk dining permit may be revoked by the zoning administrator upon a determination that the permittee has not complied with the provisions of this section or the conditions of the design review approval. The zoning administrator shall hold a hearing and, if not satisfied that the provisions or conditions are being complied with, shall revoke the permit or take such actions as may be necessary to ensure compliance with the regulation or condition.

(4)    The zoning administrator may suspend without hearing or may revoke an entitlement to serve alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in subsection (g)(3) of this section if a sidewalk dining area serving alcoholic beverages is not operated as required in this section, or if the restaurant operation is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passersby, or the removal of alcoholic beverages from the sidewalk dining area.

(h)    Right to Modify or Revoke. The sidewalk dining permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to the findings specified in Section 18.330.070(c), the permit may be revoked or modified if one of these additional findings is made:

(1)    The sidewalk dining area serving alcoholic beverages is not operated as required in this section.

(2)    The restaurant operation is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passersby, or removal of alcoholic beverages from the sidewalk dining area.

(3)    The sidewalk dining area interferes with the public use of the sidewalk or street.

(4)    Continuance of sidewalk dining pursuant to the permit would have a substantial adverse economic effect on nearby property or would adversely affect pedestrian circulation.

(i)    Encroachment Permit Not Required. Issuance of a sidewalk dining permit under this section suspends, as to any activities authorized by the permit, the operation of Chapter 12.05 (Encroachments to Streets and Sidewalks) as said chapter pertains to right-of-way encroachments and encroachment permits. (Ord. 2348 § 2, 7-27-99; Ord. 9-2014 § 28, 3-4-14; Ord. 04-2016 § 41, 3-1-16. 1990 Code § 8-22160.8.)

18.190.520 Sidewalk displays.

Owners or operators of businesses in TC-P districts may apply to install and maintain sidewalk displays that are determined to be safe and aesthetically pleasing. All such displays shall comply with the standards established below and shall be subject to an encroachment permit as provided in this code (Chapter 12.05).

(a)    Types of Displays. Sidewalk displays are limited to living non-noxious, thornless plants in terra cotta, ceramic and ceramic-looking containers. Such containers may be:

(1)    Placed directly on the sidewalk; or

(2)    Placed on wooden or metal carts that are placed on the sidewalk.

(b)    Zoning. Sidewalk displays may be permitted only in areas zoned TC-P district.

(c)    Standards. Sidewalk displays shall meet the following standards:

(1)    Location.

(A)    Any sidewalk display shall abut the building that is the permittee’s place of business. The display shall be located directly in front of the permittee’s place of business only.

(B)    A four-foot-wide continuous unobstructed path accessible by pedestrians and disabled people shall be maintained at all times between any display and any street furniture, street tree or other obstacle to travel on the opposite side of the sidewalk.

(C)    No sidewalk display shall be located so as to block signs, windows, utilities or access to or from a building.

(D)    No sidewalk display shall be placed on any city landscaping.

(2)    Dimensions.

(A)    Containers Directly on the sidewalk.

(i)    Square or oblong plant containers that are not on carts shall have a width no less than nine and no greater than 24 inches and a length no less than 18 and no greater than 36 inches.

(ii)    Round plant containers that are not on carts shall have a diameter no less than 18 and no greater than 24 inches.

(iii)    Any plant container not on a cart shall have a height no greater than 24 inches.

(iv)    Plant material in a container not on a cart shall extend no less than six inches and no more than 10 feet above the rim of the container, and shall not extend horizontally beyond the rim of the container.

(B)    Containers on a Cart.

(i)    Any cart shall have a width no greater than two feet and a length no greater than four feet.

(ii)    Any cart shall have a height no less than 30 inches and no greater than 48 inches.

(iii)    Any container on a cart shall have a width and height no greater than 12 inches.

(iv)    Plant material in a container on a cart shall extend no less than two inches and no greater than 18 inches above the rim of the container, and shall not extend horizontally beyond the cart.

(3)    Design.

(A)    Any sidewalk display shall be compatible with the appearance, design and scale of the abutting building and nearby streetscape.

(B)    No sign and no merchandise shall be permitted in connection with a sidewalk display.

(C)    No object in a sidewalk display shall be attached to the sidewalk.

(4)    Maintenance.

(A)    The permittee shall maintain all plants in a sidewalk display in a healthy condition at all times.

(B)    The permittee shall maintain a sidewalk display and adjacent areas in a neat, clean and orderly condition at all times.

(C)    The permittee shall ensure that the watering of plants does not result in unsafe conditions.

(5)    Carts.

(A)    A cart used in a sidewalk display shall be secured in place.

(B)    No such cart shall remain on the sidewalk or outside the place of business at any time when the place of business is not open.

(d)    Indemnification and Insurance. The permittee shall agree to defend, indemnify and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permittee’s use of the public right-of-way. The permittee shall provide to the city, on a form acceptable to the city’s risk manager, a certificate of insurance evidencing the existence of a general liability policy in the amount of $1,000,000 covering the area and activity subject to the permit and including the city as an additional named insured.

(e)    Suspension of Permit. The city engineer shall have the right to require the temporary removal of a sidewalk display at any time because of actual or anticipated problems or conflicts in the use of the public right-of-way. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; demonstrations; or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the sidewalk display must be removed.

(f)    Violation of Conditions.

(1)    If any element of a sidewalk display obstructs the public right-of-way beyond the extent established in this title, the city engineer may direct the permittee to remove the obstruction. If the permittee fails to do so within the time period specified by the city engineer, the city engineer may remove the obstruction without further notice to the permittee and at the permittee’s expense.

(2)    If the sidewalk display is not maintained in a neat, clean and orderly condition, or as required by the city engineer, the city engineer shall direct that the permittee correct the condition and/or remove the display. If the city engineer finds that it is necessary to remove the sidewalk display in the interests of the public health, safety or general welfare and the permittee fails to remove all or any portion of it, the city engineer shall remove it at the permittee’s expense.

(3)    In addition to the city engineer, other officers of the city and their designated subordinates may exercise the enforcement powers provided in this code as they pertain to sidewalk displays.

(g)    Right to Appeal. Decisions to approve, deny, modify or revoke an encroachment permit for a sidewalk display may be appealed to a hearing officer designated by the city manager. Any such appeals must be filed with the city engineer within 10 days after issuance of the city engineer’s decision. Decisions of a hearing officer under this section may be appealed pursuant to the provisions of Section 12.05.370. (Ord. 2454 § 4, 3-5-02; Ord. 9-2014 § 28, 3-4-14; Ord. 04-2016 § 42, 3-1-16. 1990 Code § 8-22160.9.)

18.190.525 Storefront review requirements.

(a)    Purpose and Applicability. The purpose of a storefront review is to ensure that a proposed land use located in a building with street frontage on a main street or urban corridor place type will actively engage the street and stimulate and maintain pedestrian interest.

(1)    Exemption. Certain properties may abut a main street or urban corridor place type as identified in the community character element of the general plan but the location of the actual tenant space may not have frontage along these streets. In other instances the existing building design does not incorporate a storefront. If the proposed use is not located on a pedestrian frontage or the existing building does not have a storefront, the zoning administrator or designee may waive the storefront requirements.

(b)    Storefront Review Submittal Requirements and Fees. The applicant shall submit a front elevation or photos and a site plan that identifies the tenant or business space. The applicant may also be required to submit a floor plan of the commercial space. The zoning administrator may establish more detailed submittal requirements for consideration of storefront reviews. The city council may establish reasonable fees for the review of storefronts.

(c)    Storefront Review Criteria – Ministerial Approval. The zoning administrator or designee shall issue a storefront compliance certificate when the applicant agrees to meet all of the following criteria:

(1)    Maintain windows in a transparent condition during normal business hours, except that any blinds, curtains and other nontransparent window coverings will only be closed during times when sun or glare presents an observable problem for the users.

(2)    No window covering materials (e.g., paint, paper, films, wood or metal panels, etc.) will be installed or added that block more than 20 percent of the storefront window area.

(3)    No windows shall be removed nor shall windows be replaced with new panels containing spandrel glass, or any nontransparent or reflective materials.

(4)    Use of any window display area may be for merchandise wherein displayed merchandise shall not block more than 50 percent of the transparency of the business activities as viewed by an adult person on the walkway in front of the business.

(5)    Window signage shall be limited to 20 percent of the window area as provided by Section 18.193.490(g)(2). Total building signage (which includes window signage) is also limited by land use designation and building frontage under Section 18.193.550.

(d)    Storefront Review Criteria – Discretionary Approval. If neither an exemption nor ministerial approval is possible, the zoning administrator may consider alternatives where up to 50 percent of the existing window area may be obscured through use of decorative window treatments, including but not limited to etched glass, art glass, decorative spandrel glass where such treatments provide sufficient visual interest and can be reversed or restored to a more transparent condition by subsequent users of the tenant space. The treatment may also include art displays or window display boxes. Complete elimination of window transparency is not allowed through this process and any signage must still comply with signage limitations set forth in subsection (c)(5) of this section. Such considerations shall be made through a discretionary design review permit.

(e)    Storefront certificates or design review permits run with the land, not the applicant or owner. A change of use may require a new storefront review certificate or design review permit.

(f)    Conditional uses and zoning administrator uses may also incorporate storefront permit requirements found in this section. (Ord. 17-2016 § 13, 9-13-16; Ord. 27-2016 § 31, 12-6-16. Formerly 18.45.035.)

18.190.530 Swimming pools.

Swimming pools1 shall be allowed on properties developed for residential use subject to the following conditions and requirements:

(a)    Use Limited. The pool shall be an accessory use, for the sole use of the occupants of the principal use of the property on which it is located and their guests.

(b)    Location. No pool shall be located in any required front yard, nor within the limits of any public utility easement except as specified in Chapter 18.30, nor closer than three feet to any lot line, nor (for pools requiring excavation) closer than four feet to any toe or slope of a compacted fill pad.

(c)    Mechanical Equipment. No motor, pump, heater, filter or other mechanical equipment for a pool shall be located within three feet of any side or rear lot line.

(d)    Fencing Pool Site.

(1)    Safety Fencing. Every swimming pool shall comply with the barrier requirements established in the adopted building code.

(2)    Multiple-Family Developments. Any fence provided for a swimming pool or other body of water having a depth of more than 18 inches, located on a property upon which multiple dwellings are located, shall be a non-view-obstructing, ornamental fence.

(3)    Screening. All swimming pools within 50 feet of a lot line shall be screened from streets and adjoining properties, except in (H-I) districts and other locations where solid fencing is prohibited, and except where the zoning administrator determines that the topography of the lands involved or other physical characteristics of the pool site render screening impossible or impractical.

(e)    Ongoing Maintenance. All swimming pools shall be maintained free of algae, mosquitoes or other conditions that preclude human usage. (Ord. 87 § 8-22122; Ord. 126; Ord. 240 § 1; Ord. 567 § 1; Ord. 838 § 2, 5-18-71; Ord. 987 § 3, 4-2-74; Ord. 1211 § 4, 11-8-77; Ord. 1386 §§ 81, 87, 6-17-80; Ord. 2504 § 12, 7-15-03; Ord. 5-2008 § 17, 4-1-08; Ord. 16-2015 § 51, 6-2-15. 1990 Code § 8-22161.)

18.190.540 Reserved.

18.190.550 Temporary and seasonal uses.

The following temporary or seasonal uses, not otherwise mentioned in this chapter, may be allowed as follows:

(a)    Sales, fundraisers and advocacy activities are allowed outside buildings on private developed commercial lots when such activities do not occupy required vehicle circulation or parking areas or landscaping, do not unreasonably obstruct access to any building, and, except for quasi-public fundraising and advocacy activities, do not exceed three consecutive days per activity and are limited to 12 events per calendar year on any lot. No permit shall be required.

(b)    Quasi-public organizations operating used merchandise collection trailers may be permitted in the open (regardless of any district regulation otherwise requiring uses to be conducted wholly within a completely enclosed building) on any developed commercial or industrial lot provided a permit has been obtained pursuant to this section. No such permit shall be issued for a period to exceed one year.

(c)    Sites for outdoor retail sales of pumpkins (also referred to as “pumpkin patches”) and of Christmas trees (also referred to as “Christmas tree lots”) may be permitted on a seasonal basis subject to the following provisions:

(1)    Sales of pumpkins may begin October 1st and extend through November 5th. Sales of Christmas trees and customary accessories may begin November 1st and extend through the month of December.

(2)    The building official shall issue permits for pumpkin patches and Christmas tree lots except when it is found that they will constitute an undue detriment to the public interest or to neighboring or surrounding properties or will unreasonably interfere with the existing neighborhood or surrounding uses.

(3)    At sites in residential districts, the building official shall issue permits for pumpkin patches and Christmas tree lots only where:

(A)    The site has direct access onto an arterial;1 and

(B)    The site is at least 100 feet from any single-family dwelling in a residential district; and

(C)    The site can be used without causing dangerous congestion in the streets.

(4)    The building official shall have the authority and duty to impose on the issuance of any such permit such conditions as the building official deems necessary to protect the public interest or the rights of neighboring or surrounding users to be free of objectionable interferences or undue detriment to existing uses.

(5)    The applicant shall restore any site used as a pumpkin patch or Christmas tree lot to its original condition no later than November 12th in the case of a pumpkin patch and no later than January 7th in the case of a Christmas tree lot.

(d)    Special events may be allowed pursuant to regulations established elsewhere in this code (Chapter 12.25). (Ord. 2-2013 § 6, 1-15-13. 1990 Code § 8-22162.)

18.190.560 Temporary tract offices and/or model homes.

Temporary tract offices1 and/or model homes may be allowed in any district by ministerial design review permit when the application demonstrates that the basic requirements and land use limitations in subsection (a) of this section will be met. A proposal that does not comply with all of the provisions of subsection (a) of this section shall require a zoning administrator permit.

(a)    Basic Requirements and Land Use Limitations.

(1)    A temporary tract office and/or model home complex shall only be used for business conducted relating to sale of residential units within the proposed subdivision under construction at the project site.

(2)    A tract office shall be used for display and sales purposes only (and not for human habitation) during the effective period of the model home sales complex.

(3)    Off-street parking shall be provided at the rate of one parking space per 200 square feet of office space, but no fewer than three, including one accessible parking space, shall be provided. Development of parking shall comply in all respect with off-street parking and loading requirements.

(4)    The term of operation of a model home sales complex shall be for no more than 24 months, or no later than release of certificates of occupancy for 90 percent of the development, whichever occurs first.

(5)    The applicant shall apply for a city of Fremont business tax (license) for the proposed real estate sales office.

(6)    Up to one model home shall be permitted for each proposed floor plan within the development.

(7)    The sales office shall acquire garbage and recycling service for the duration of the use.

(8)    Landscape plans for model home complexes shall be designed utilizing bay friendly design practices and water efficient landscapes in accordance with state water efficiency standards.

(9)    No lots used as a portion of the sales office complex shall be sold and converted to residential use during the term of use of the temporary tract offices. Subject to continuation of the model home use, nothing in this provision shall prevent an arrangement whereby a prospective buyer purchases the model home and leases it back to the developer for model home use, so long as no residential use is established in the unit until the sales office use is terminated and the unit and site are appropriately converted back to residential use.

(10)    All signs (including flags and pennants) shall be subject to a separate sign permit and shall follow the requirements set forth in the Fremont Municipal Code.

(11)    Accessible restrooms, if any, shall be screened, and shall be removed from the site upon cessation of the use.

(12)    The sidewalk, curb, gutter, parking and vehicular and pedestrian circulation area in the vicinity of all portions of the model home sales complex or temporary tract office shall be completed and made available to the public prior to commencement of the sales operation.

(13)    All building and fire safety requirements (e.g., fire hydrants and turnarounds) shall be installed to serve the model home sales complex prior to commencement of operations.

(14)    Upon termination of the model home sales complex based upon the maximum term above, the sales office activity shall be terminated, and any structure used in connection therewith shall forthwith be either removed from the premises or modified to make such structure usable for a permitted use anticipated by the project approval. For example, garage sales office doors, if any, shall be converted to garage doors and any interior improvements such as carpeting in the garage shall be removed. Additionally, any building lot area used for parking shall be removed and irrigated and landscaped, and the street and pedestrian circulation shall be reverted to that design approved for the operation of the subdivision as a residential neighborhood.

(b)    Design Review Application Submittal Requirements. An application for temporary tract office and/or model homes shall include the following information:

(1)    A site plan that clearly delineates the proposed model home sales complex, including structures, vehicular parking and pedestrian circulation areas.

(2)    Landscape and irrigation plans demonstrating water efficient and bay friendly practices.

(3)    A construction staging plan that adequately provides for traffic, pedestrian, and construction safety during operation.

(4)    A list and plan identifying any “sales facility improvements” to be removed upon termination of the sales function, including but not limited to improvements within garage spaces, fencing, parking areas, and other improvements not authorized in the original approval of the project.

The zoning administrator further may require the submission of such other information as is deemed necessary to process the application. (Ord. 16-2015 § 52, 6-2-15; Ord. 23-2018 § 34, 10-2-18.)

18.190.565 Tennis and other sport courts.

A single tennis or sport court shall be allowed on properties developed with a single-family dwelling on the same lot, and multiple courts may be allowed within multifamily residential projects, both subject to the following conditions and requirements:

(a)    Use Limited. The tennis or sport court shall be an accessory use, for the sole use of the occupants of the principal residential use of the property on which it is located and their guests.

(b)    Location/Setbacks. No tennis or sport court shall be located within a required front yard, nor within the limits of any public utility easement except as specified in Chapter 18.30. Courts may not be located closer than five feet to any lot line.

(c)    Fencing.

(1)    Minimum Fencing. At minimum a six-foot-high fence shall be provided at the property line.

(2)    Height, Maximum. The height of any court fence shall not exceed 10 feet above the court surface and any portion above seven feet shall be open mesh or chain link-type fencing. Fencing in excess of seven feet must be located at least five feet from all property lines.

(d)    Windscreens. Windscreens may be attached to fencing that encloses a court provided such windscreens do not exceed a height greater than seven feet above the finished surface of the court. However, where the entire court is located at least 25 feet from all property lines, the windscreen may extend to the height of the court fence.

(e)    Lighting.

(1)    Height. Light standards shall not exceed 20 feet in height measured from the finished surface of the court.

(2)    Number of Lamps. A maximum of eight lamps are permitted.

(3)    Type and Color Temperature. Lighting fixtures shall utilize LED or equivalent type lamps that output a warm white color temperature between 2,700 and 3,500 K with overall wattage that does not exceed 1,000 watts each.

(4)    Lighting Cutoff. Lamps shall employ cutoff fixtures so that the lighting level does not exceed more than one foot-candle at the property line.

(5)    Hours of Illumination. No person or persons shall turn on, or allow to be left on, tennis court lights between 11:00 p.m. Sunday through Thursday and 6:00 a.m. the following day, and between 12:00 midnight Friday and Saturday and 6:00 a.m. the following day. Additionally, all lights shall be on a timer which allows for a maximum duration of lighting that does not exceed two hours before shutting off lights to help insure that lights are not inadvertently left on beyond the times specified above.

(f)    Landscaping and Irrigation. A landscape and irrigation plan shall be submitted for review and approval concurrent with the building permit application and shall be provided in the areas between any court and adjacent properties. The plant material selection shall provide screening of any court from adjacent properties and shall be maintained in a healthy and attractive condition. It shall be replaced as needed over time.

(g)    Grading. In general, courts shall be located on sites to minimize the amount of grading necessary to accommodate the flat surface areas. (Ord. 27-2016 § 32, 12-6-16.)

18.190.570 Unreinforced masonry buildings.

The special provisions of this section shall apply only to parcels containing unreinforced masonry buildings the building official has ordered to be retrofitted or demolished under the authority of the unreinforced masonry building retrofit ordinance (“URM ordinance”), Chapter 15.70, and whose owners are in full and current compliance with the provisions of the URM ordinance. These special provisions supersede any contrary provisions of this code, including those pertaining generally to nonconforming uses.

(a)    Parking Requirements. The number of parking spaces required for the use of a building shall not be required to exceed the number provided for the building’s use on the effective date of the URM ordinance.

(b)    Retrofit, Replacement or Repair of Buildings. Buildings may be retrofitted, replaced or repaired up to the floor area, building area and/or building footprint boundaries existing at the time of demolition, damage or destruction. The burden of proof as to the building’s previous dimensions and location shall be on the owner. Any reconstruction, replacement or repair shall comply with then-current building code regulations and other city legislative enactments not otherwise superseded by this section.

(c)    Expansion of Buildings. Buildings may be retrofitted, replaced or repaired beyond the dimensions authorized by subsection (b) of this section pursuant to a zoning administrator permit conferred in accordance with Chapter 18.275.

(d)    Continuance of Legal Nonconforming Uses. Immediately preexisting legal nonconforming uses may continue or be reinstituted following reconstruction, replacement or repair of demolished, damaged, destroyed, or retrofitted buildings.

(e)    No Limitation on Costs of Reconstruction, Replacement, Repair or Seismic Retrofit of Nonconforming Buildings or Buildings Containing Nonconforming Uses. There is no limit to the costs that may be incurred in reconstructing, replacing, repairing, or retrofitting nonconforming buildings or buildings containing nonconforming uses. (Ord. 2105 § 1, 2-14-95; Ord. 2423 § 26, 4-10-01. 1990 Code § 8-22163.1.)

18.190.580 Vehicle and equipment repair or fabrication on residential premises.

Repair, fabrication or other work on automobiles, other vehicles or equipment on residential premises shall be subject to the following conditions and restrictions:

(a)    Such work shall be limited to minor automobile repair on those vehicles or equipment which may be stored within a private garage upon residential premises.

(b)    Such work shall be done only upon such vehicles or equipment which are owned by a resident of the premises.

(c)    Such work shall be done only between the hours of 8:00 a.m. and 10:00 p.m.

(d)    Such work shall not be done in a public right-of-way.

(e)    Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for repair of the occupant’s vehicle or equipment. Parts which cannot be conveniently located within an enclosed structure shall be screened from view from the public way and adjacent property, and may not occupy any required open space prescribed elsewhere in this title.

(f)    Notwithstanding anything to the contrary herein, no such work shall be permitted which creates a nuisance as defined in Section 8.05.010, or which otherwise tends to deteriorate the environment, peace, tranquility and enjoyment of the residents in the surrounding neighborhood.

(g)    Flammable liquids shall not be used in any building or residential premises in connection with such work; and no welding or torch cutting may be done anywhere on such premises except by permit obtained from the city fire marshal. All such work will be conducted in conformance with the applicable provisions of the fire prevention code, Chapter 15.35. (Ord. 807 § 2, 11-24-70; Ord. 1386 §§ 81, 88, 6-17-80; Ord. 1759 § 103, 1-6-87. 1990 Code § 8-22164.)

18.190.590 Veterinary services.

(a)    A zoning administrator permit shall be required to ensure that adequate measures and controls will be taken to prevent offensive noise and odor and to ensure the use is operated in such a manner as to be compatible with both existing and future land uses.

(b)    Veterinary services shall comply with the following requirements:

(1)    Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions that could result in unpleasant odor or vermin nuisance. There shall be no noticeable odors at the property line.

(2)    Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented, so that animal noises will not be audible at any point on the perimeter of the property. There shall be no exterior boarding facilities.

(3)    The entire building shall be equipped with a security alarm system in compliance with the Fremont police department verified alarm policy.

(4)    Any hazardous materials and/or controlled substances shall be kept in a locked storage area or cabinet(s) subject to review and approval of the building official in consultation with the fire marshal and police chief.

(5)    The zoning administrator may impose additional conditions of approval to ensure that the veterinary service use is compatible with existing and future land uses in the vicinity of the proposed veterinary service use. (Ord. 18-2006 § 6, 9-26-06; Ord. 9-2014 § 28, 3-4-14. 1990 Code § 8-22164.05.)

18.190.600 Warehouse facilities with retail and wholesale trade.

Warehouse facilities with a combined retail and wholesale trade shall conform to the following standards:

(a)    The site shall have convenient access to or be visible from a freeway.

(b)    Access from an arterial may be allowed, provided there is sufficient road capacity to accommodate the expected traffic at acceptable levels of service and without adverse impacts on existing uses.

(c)    Retail sales associated with the use shall not significantly impact existing industrial uses in regards to parking requirements and traffic volume.

(d)    For sites located in the I-T and I-G districts, the location shall be on or near the perimeter of the industrial district.

(e)    Parking requirements shall be those required for retail uses as outlined in Chapter 18.183. In the event the location of the wholesale trade goods is not separated from the retail sales portion of the use, the parking requirements shall be calculated based on the parking ratio for retail uses. (Ord. 2045 § 139, 9-21-93; Ord. 17-2016 § 37, 9-13-16. 1990 Code § 8-22164.1.)

18.190.610 Warehouse, general.

General warehouse uses, as defined in Chapter 18.25, shall be subject to the following requirements and standards:

(a)    Aboveground transformers shall be screened from view.

(b)    Conformance with the requirements set forth in Title 15 (Building and Construction) and Chapter 8.35 (Hazardous Materials Management) shall be required for the construction or occupancy of a building where hazardous materials are stored, transported, processed or otherwise handled.

(c)    The conversion of a warehouse with a floor area ratio greater than 0.35 to a nonwarehouse use or a nonmanufacturing use shall be subject to the design review permit approval process described in Chapter 18.235 and the modification of zoning standards process described in Chapter 18.250.

(d)    Warehouse uses shall be located on sites with direct access to truck routes and where they will not impact residential uses. (Ord. 2045 § 140, 9-21-93; Ord. 2209 § 3, 11-26-96; Ord. 8-2008 § 6, 4-22-08; Ord. 9-2014 § 28, 3-4-14; Ord. 17-2016 § 38, 9-13-16. 1990 Code § 8-22164.5.)

18.190.620 Wind energy conversion systems.

Repealed by Ord. 7-2012. (Ord. 1551 § 2, 4-5-83; Ord. 1683 § 41, 8-27-85; Ord. 5-2008 § 17, 4-1-08. 1990 Code § 8-22165.)

18.190.630 Zero and quasi-zero lot line residences, property adjacent to.

No person shall, within three feet of any zero lot line wall1 or quasi-zero lot line wall1 of any neighboring single-family detached dwelling1, store, maintain or place any materials or construct or maintain any object.

Excepted from the prohibitions imposed by this section are:

(a)    The placing or maintaining of living plant material;

(b)    The construction or maintaining of any otherwise lawful fence that:

(1)    Intersects a zero lot line wall or quasi-zero lot line wall at a 90-degree angle;

(2)    Is parallel to a front or rear property line of the same lot; or

(3)    Is on an extension of the line of a zero lot line wall or quasi-zero lot line wall;

(c)    The maintaining of an originally established grade; and

(d)    The maintaining and use of structures1 or fences1 lawfully existing as of the effective date of these regulations. (Ord. 2504 § 13, 7-15-03; Ord. 17-2016 § 39, 9-13-16; Ord. 23-2018 § 35, 10-2-18. 1990 Code § 8-22166.)

18.190.640 Notes applicable to Chapter 18.190.

1    This term is defined in Chapter 18.25.

2    Term is elaborated on in North American Industry Classification System (NAICS) Manual1.

3    The special regulations of this chapter apply to this use.

4    Requires a public hearing; see Chapter 18.230.

(Ord. 1550 § 9, 4-5-83; Ord. 1590 § 1, 2-28-84; Ord. 1683 § 28, 8-27-85; Ord. 17-2016 § 40, 9-13-16.)