Planning Commission
August 28, 2014
Proposal:
TESLA FREESTANDING POLE SIGN - 45500 Fremont Boulevard
- (PLN2014-00356) - To consider a Conditional Use Permit for a
6,300-square-foot freestanding pole sign at the Tesla Motors
factory located in the South Fremont Community Plan Area, and
to consider a categorical exemption from the requirements of
the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15311, Accessory Structures.
Recommendation:
Approve, based on findings and subject to conditions of
approval
Location:
45500 Fremont Boulevard
Area:
212.23-acre site
People:
Koohyar M. Fard Arya, Tesla Motors, Applicant
Greg Cruz, Tesla Motors, Architect
General Plan:
Innovation Center
Zoning:
General Industrial (G-I)
EXECUTIVE SUMMARY
Tesla Motors, as part of a comprehensive signage overhaul at their manufacturing plant, has
proposed an illuminated 6,300-square-foot freestanding pole sign at their southern property
line. The proposed freestanding sign would be located at least 12 feet from the nearest
property line and approximately 145 feet from the nearest public right-of-way. The sign
would be 200 feet wide by 30 feet tall and would be mounted on support columns 10 feet
tall making the entire structure 40 feet tall. The sign would be used to advertise vehicles
manufactured at the Tesla Motors factory. Tesla has also submitted an application for a
Master Sign Program that includes the proposed freestanding sign as well as additional
signage, which is subject to approval of the Zoning Administrator. Freestanding pole signs
on industrial sites with freeway frontage require a Conditional Use Permit in accordance with
Fremont Municipal Code (FMC) Section 18.193.610. Staff recommends approval of the
Conditional Use Permit for a proposed freestanding pole sign, based on plans presented in
Exhibit “A,” subject to findings and conditional of approval in Exhibit ”B.”
BACKGROUND AND PREVIOUS ACTIONS
The General Motors assembly plant was built in 1962 and operated until closure in 1982.
Two years later the site reopened as New United Motors Manufacturing, Inc. (NUMMI), a
joint venture between General Motors and Toyota to manufacture cars and trucks for both
companies. The NUMMI plant operated until 2010 when the joint venture was dissolved and
the plant closed. Later in 2010, the plant was purchased by the electric car manufacturer
Tesla Motors.
PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, the Planning Commission is charged with completing one primary task:
1. Consider the request for a Conditional Use Permit for the proposed freestanding pole
sign, based upon findings specified in Section 18.230.060 of the Fremont Municipal Code
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Planning Commission Report (ID # 2162)
Meeting of August 28, 2014
(FMC).
PROJECT DESCRIPTION
Tesla Motors has proposed an illuminated 6,300-square-foot freestanding pole sign on their
southern property line adjacent to the Interstate 880 (I-880). The proposed sign would be
oriented perpendicular to I-880 between the new Thermo Fisher building to the south and
the existing Tesla factory building. The Tesla factory building is approximately 53 feet tall
and the neighboring Thermo Fisher building is approximately 40 feet tall. The proposed sign
would measure 200 feet wide by 30 feet tall and would be mounted on 10-foot tall support
columns making the entire structure 40 feet tall. The sign would be located approximately
600 feet from the Tesla building and approximately 400 feet from the new Thermo Fisher
building. The sign is proposed in a location near to loading dock facilities and container
storage for the Tesla plant. The sign would screen views of these facilities from I-880.
Illumination would be provided by externally mounted LED spotlights shining up onto the
sign structure. Final approval of the illumination intensity would be made by the Zoning
Administrator in accordance with FMC Section 18.193.430. The proposed sign would be
located at least 12 feet from the nearest property line to the south and approximately 145
feet from the nearest public right-of-way.
The applicant has installed story poles and netting at the location where the sign is
proposed in order to demonstrate the height and width of the sign structure in context to
surrounding buildings and development.
In addition to normal public noticing, Tesla has reached out to Thermo Fisher Corporation
which is the closest neighbor to the sign. No comments or concerns were received from
Thermo Fisher regarding the design or location of the proposed sign.
PROJECT ANALYSIS
General Plan Conformance
The proposed freestanding pole sign would be consistent with the following policies
contained in the Land Use and Economic Development Elements of the General Plan:
Land Use Policy 2-5.4: Regulation of Employment-Generating Land Uses
Maintain land development regulations which support economic growth and foster
achievement of the City’s economic development objectives.
Analysis: The Tesla manufacturing plant is one of the City’s top employers and one of the
top employers in Alameda County and is at the forefront of a growing green economy in
Fremont’s industrial areas. The addition of this sign would promote Fremont’s leadership in
green manufacturing. The sign would also help Tesla attract new customers by showcasing
Tesla’s products.
Economic Development Policy 6-1.4: Large Sales Tax and Employment Generators
In order to attract and retain businesses that generate large amounts of sales tax or
number of jobs, incentives or special considerations should be provided to these businesses
because of the significant economic benefit they provide to the City. These special
considerations may include variations to development standards (e.g., floor area, parking,
signage), wayfinding signage in the public right of way, expedited permit processing, or
other considerations to facilitate attraction or retention of these businesses. A business
providing such a sales tax benefit that would be eligible for such consideration(s) includes
those that generate a minimum of one million dollars or more in annual revenue to the City
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(including sales tax, property tax, transit occupancy tax, and/or other applicable direct City
revenue source) within three years after start of operation of the business. A business
providing such an employment generation benefit that would be eligible for such
consideration(s) includes those that provide 500 or more jobs within three years after start
of operation of the business.
Analysis: The Tesla plant meets the criteria for special consideration of variations in building
standards afforded by the General Plan to businesses with significant economic benefit to
the City. Tesla employs over 4,000 workers making it one of Fremont’s largest employers. It
is also one of the top employers in Alameda County, providing an economic benefit not only
to the City of Fremont but also regionally. The retention and growth of Tesla is key to
Fremont’s economic sustainability and growth. The addition of the proposed sign would
help Tesla advertise its new products to the public. While the sign would be larger than
typically permitted for industrial uses by the Sign Ordinance, as analyzed below, it would be
substantially in conformance with other design standards of the ordinance and in scale and
compatible with the large manufacturing facilities and buildings that surround it and the
industrial context in which it is located. In addition, exceptions to the general sign
regulations, including sign area, may be allowed through approval of a Master Sign
Program. As previously noted, Tesla has submitted an application for a Master Sign
Program, which will be considered by the Zoning Administrator following Planning
Commission consideration of the Conditional Use Permit for the proposed freestanding pole
sign.
Zoning Regulations
FMC Section 18.193.610 allows industrial sites with freeway frontage to have a pole sign
subject to a Conditional Use Permit. The Basic Permittable Area (BPA) for a pole sign on an
industrial site with freeway frontage is 0.5 times the length of the building frontage parallel
with the freeway frontage to a maximum of 120 square feet. The Tesla building provides
approximately 1,920 linear feet of freeway frontage, which would exceed the allowable BPA
for this site. The proposed sign would be 6,300 square feet, which would exceed the
maximum BPA for signage. However, a larger sign may be achieved through approval of a
Master Sign Program, as noted above. Pending approval of the Conditional Use Permit, the
Zoning Administrator will consider the comprehensive sign program submitted by Tesla in
their application for a Master Sign Program.
While the sign would not meet the maximum sign BPA standard outlined in the ordinance, it
would be in conformance with general standards applicable to all signs.
The following table analyzes the proposed sign’s consistency with the sign standards as
found in FMC Sections 18.193.490 and 18.193.610:
Standard
Analysis
No more than one freestanding sign
per building frontage
Only one freestanding sign is proposed consistent with the
requirement.
Freestanding signs shall be
monument signs unless traffic safety
requires a pole sign
The applicant is proposing a freestanding pole sign, which is
inconsistent with the requirement. However, a freestanding
pole sign would be appropriate in context with the size of the
subject property and Tesla plant, and location near I-880.
Freestanding signs require an
irrigated landscape area at the base
of at least three feet in all directions
A landscaped area is proposed around the base of the sign
measuring at least three feet in all directions. The applicant is
also proposing new shrubs and trees at the base and adjacent
to the sign to further enhance the structure.
All freestanding signs shall be set
The proposed street frontage setback would be approximately
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Standard
back from the street frontage
property line by at least three feet
and five feet from all other property
lines
Analysis
145 feet, and 12 feet from the nearest other property line.
Cladding covering the pole(s) is
required
The proposed sign would feature aluminum cladding around
the support columns.
Pole signs shall have a maximum
height of 20 feet, in no case shall the
height of the sign exceed the height
of the building ridgeline or parapet
roof
The Tesla building measures approximately 53 feet tall and
the proposed sign would be 40 feet tall. The sign would
exceed the 20-foot maximum but would be consistent with
the requirement that in no case shall it exceed the height of
the building ridgeline or parapet.
Maximum 120 square feet of Basic
Permittable Sign Area (BPA)
The proposed sign area would be approximately 6,300 square
feet. Exceptions to the general sign regulations,
including sign area, may be allowed through approval
of a Master Sign Program, which will be considered
following Planning Commission consideration of the
Conditional Use Permit.
Scale and Context
The site is located in the General Industrial zoning district. This district is made up of heavy
manufacturing, warehousing and corporation yards. The Tesla manufacturing plant is over
53 feet tall and over 10 million square feet. The size of the Tesla building would help to
minimize any impact the proposed sign might have on the surrounding area. The proposed
sign is in scale with the magnitude and size of the adjacent and surrounding manufacturing
and industrial uses and buildings. The sign would actually aid in screening plant loading
dock facilities and container storage and parking that is located north of the sign. The
adjacent Thermo Fisher building is an approximately 275,000-square-foot two story building
which would appear generally equal in height to the proposed sign.
Lighting
FMC Section 18.193.430 regulates lighting as it pertains to signage. The section prohibits
illuminated signs which flash, blink or otherwise vary the light intensity or color. It also
prohibits light spillover and glare which cause an annoyance. A condition of approval would
prohibit the proposed sign from flashing, blinking or varying the light intensity or color. A
separate condition of approval would prohibit the light intensity from causing glare or
spillover onto neighboring properties. The Zoning Administrator would determine if the
proposed sign’s light intensity is compatible with the surrounding area after installation. If
the Zoning Administrator finds the light intensity to be excessive, the applicant would be
required to modify the lighting to the satisfaction of the Zoning Administrator.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15311 (Accessory Structures) which exempts on-premises signs.
FINDINGS FOR APPROVAL
In order to approve the proposed Conditional Use Permit, the project must be consistent
with the General Plan and Zoning Ordinance. Based on the above analysis, staff finds the
proposed Conditional Use Permit would be substantially in conformance with the General
Plan and Zoning Ordinance and recommends the following findings as specified by FMC
Section 18.230.060:
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a. The proposed use is consistent with the general plan and any applicable community or
specific plan.
Analysis: The proposed sign would be compatible with the General Plan policies
contained in the Land Use and Economic Development Elements as enumerated in the
staff report. In addition, the proposed sign would be consistent with the recently
adopted Warm Springs/South Fremont Community Plan and the City’s vision of an
innovation district that offers a unique opportunity for inventive, flexible development of
new and expanding businesses such as Tesla.
b. The site is physically suitable for the type and density or intensity, as applicable, of the
proposed use.
Analysis: The proposed sign would be located on a 212-acre site which is home to the
Tesla manufacturing plant. This site is the largest single user parcel in Fremont and the
size of the sign would be in scale with the size of the site and the Tesla plant. The sign
would be oriented towards I-880 adjacent to the neighboring Thermo Fisher parking lot.
c. The design, location, size, and operating characteristics of the proposed use are
compatible with development in the vicinity and in the zoning district.
Analysis: The site is located in the General Industrial zoning district, this district is made
up of heavy manufacturing, warehousing and corporation yards.
The Tesla
manufacturing plant is over 53 feet tall and over 10 million square feet. The size of the
Tesla building would help to minimize any impact the proposed sign might have on the
surrounding area. The proposed sign would be in scale with the magnitude and size of
the adjacent and surrounding manufacturing and industrial uses and buildings. In
addition, the sign would actually aid in screening the plant’s loading dock facilities and
container storage and parking that is located north of the sign.
d. The proposed use would not be detrimental to the public health, safety, or welfare of
persons or property in the vicinity or the zoning district in which the use would be
located.
Analysis: The proposed sign would not have any blinking or flashing lights and would
consist of a static display which would not be distracting to drivers. The level of
illumination would be subject to review by the Zoning Administrator who could require
changes if it is found to be too brightly light.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A total of 139 notices were mailed to owners and
occupants of property within 300 feet of the site. The notices to owners and occupants
were mailed on August 15, 2014. A Public Hearing Notice was published by The Argus on
August 16, 2014.
RECOMMENDATION
1.
Hold public hearing.
2.
Find that the project is categorically exempt from the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15311 (Accessory Structures).
3.
Find that the Conditional Use Permit is in conformance with the relevant provisions
contained in the City’s General Plan. These provisions include the designations,
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goals and policies set forth in the General Plan’s Land Use and Economic
Development Elements as enumerated within the staff report.
4.
Find that the project as shown on Exhibit “A” (site plan and elevations), fulfills the
applicable requirements as set forth in the Fremont Municipal Code.
5.
Approve Conditional Use Permit PLN2014-00356 as shown on Exhibit “A,” based
upon the findings and subject to the conditions of approval set forth in Exhibit “B.”
ENCLOSURES
 Exhibit A - Project Plans

Exhibit B - Findings & Conditions

Informational 1 - Project Location
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