Fremont City Council Meeting: 03/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Development Project
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4538) DOC ID: 4538
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 1 ALBRAE INDUSTRIAL GPA & REZONING - 40517 ALBRAE STREET - PLN2021- 00160 - Public Hearing (Published Notice) To Consider the Planning Commission's Recommendation To: 1) Adopt a Resolution Approving a General Plan Amendment To Tech Industrial; 2) Introduce and Ordinance Approving the Rezoning to Preliminary and Precise Planned District P-2021-160; 3) Approve Vesting Tentative Parcel Map No. 11171; and 4) Adopt a Resolution Adopting an Addendum to the Environmental Impact Report and Supplemental (EIR) (SCH No. 2005042146) Previously Prepared Pursuant to the California Environmental Quality Act (CEQA). Approval of the Proposed Project Would Facilitate and Allow Development of a Three-Building Industrial Development Totaling Approximately 397,000 Square Feet on a 22.4 Acre Site Located at 40517 Albrae Street in the Bayside Industrial Community Plan Area.
Contact Persons:
Name: Mark Hungerford Joel Pullen
Title: Associate Planner Planning Manager
Div/Dept: Planning Community Development
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
Executive Summary: Scannell (the “applicant”) is requesting that the City Council approve a General Plan Amendment from Regional Commercial to Tech Industrial, a Rezoning from Preliminary and Precise Planned District P-2006-10 to Preliminary and Precise Planned District P-2021-160, and Vesting Tentative Parcel Map No. 11171, to facilitate and allow the development of a three-building industrial development totaling approximately 397,000 square feet for tech industrial uses on a 22.4-acre site that was never redeveloped by the former Globe project.
Staff has reviewed the proposed project for consistency with the General Plan and Fremont Municipal Code (FMC). Staff and the Planning Commission recommend that the City Council:
1) adopt the Addendum for the project as shown in Exhibit “A”; and 2) approve the General Plan Amendment as shown in Exhibit “B,” the Rezoning as shown in Exhibit “C,” the Preliminary and Precise Planned District and subdivision of land as shown in Exhibit “D,” and the accompanying Planned District Guidelines as shown in Exhibit “E,” based on the findings and subject to the conditions of approval contained in Exhibit “F.”
BACKGROUND: The project site is located entirely within the boundaries of the 31.48-acre The Globe Planned District. Formerly contemplated as an internationally-themed retail, restaurant, and entertainment center, The Globe was to consist of 557,900 square feet of floor area, including 469,900 square feet of commercial space and 88,000 square feet of mini-storage space.
To allow for development of The Globe, a General Plan Amendment from General Industrial with Commercial-Industrial Overlay to Commercial High Volume Retail (PLN2005-00061) and corresponding Rezoning of the site to Planned District P-2006-0010 (PLN2006-00010) Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 2 were approved by the City Council in 2007. An Environmental Impact Report (EIR) was certified in conjunction with approval of the General Plan Amendment (State Clearinghouse No. 2005042146), and a supplement to that EIR was approved for The Globe Planned District Rezoning.
To date, approximately 102,000 square feet of The Globe has been developed. These developed portions consist of three, one-story commercial buildings located on approximately nine acres of Stevenson Boulevard frontage. The restaurant, retail, and personal service uses that occupy the built-out spaces are consistent with what was generally conceptualized for The Globe. The remainder of The Globe Planned District – areas located off the Stevenson Boulevard frontage, southeast of the three aforementioned buildings – have not been redeveloped since approval of The Globe. These areas are currently improved with two structures: 1) a vacant, approximately 80,000-square-foot single-story commercial building along the Albrae Street frontage that was built in 1987 and previously occupied by a Home Depot store and, subsequent to that, various retail/furniture stores; and 2) an approximately 81,600-square-foot warehouse/manufacturing building that was built in 1960 along the site’s Encyclopedia Circle frontage that was partially demolished in 2018. Both structures would be demolished as part of project activities. Being over 50 years of age, the warehouse/manufacturing building was evaluated for historic significance pursuant to the California Environmental Quality Act (CEQA) and was determined not to be a potential historic resource (see Environmental Review section of this report for more details of the project’s CEQA analysis).
Site development is currently subject to the land use and development standards of The Globe Planned District and all conditions of approval adopted as part of The Globe Planned District approval.
Surrounding Uses: As mentioned above, portions of The Globe Planned District northwest of the project site have been improved with commercial development and uses in a manner consist with the approved Planned District. North of the project site, across Albrae Street, are commercially-zoned parcels improved with a multi-tenant commercial strip center and a Walmart store, plus an abutting industrially-zoned building containing a variety of light- industrial occupants. Immediately abutting the project site to the southeast are industrially-zoned parcels containing freestanding buildings occupied by a variety of manufacturing and light-industrial uses. Across Encyclopedia Circle, southwest of the site, are four industrially-zoned parcels all containing wholesale and distribution uses.
Planning Commission Hearing: On February 24, 2022, the Planning Commission held a public hearing to consider the proposed project. After receiving staff and applicant presentations and testimony from the public, the commissioners discussed the proposal and a motion recommending City Council approval of the project with an added condition prohibiting last-mile delivery uses within the proposed Planned District was made but failed to receive a second. A subsequent motion recommending City Council approval of the project, as proposed, was approved with a 5-1 vote.
DISCUSSION/ANALYSIS:
PROJECT DESCRIPTION
The applicant is proposing a General Plan Amendment, Rezoning, and Vesting Tentative Parcel Map to facilitate construction of a three-building industrial development on portions Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 3 of The Globe Planned District that feature vacant buildings pre-dating The Globe approvals.
The General Plan Amendment to Tech Industrial would revert the 22.4-acre project site back to an industrial designation similar to what was in place on the site prior to its 2006 conversion to the current Regional Commercial designation. The Rezoning request to Preliminary and Precise Planned District P-2021-160 would effectuate development of the proposed project, which pursuant to FMC Section 18.110.020 is designed and would be governed by the land use and development standards of the Tech Industrial (I-T) zoning district, the zone most similar in nature and function to the proposed development. The project would remove existing lot lines and subdivide the site in a manner that would generally place each of the project’s three proposed buildings and their required parking, stormwater treatment, and other necessary amenities and features on their own parcels.
The site’s two vacant buildings would be demolished and the site would be cleared to accommodate a development consisting of approximately 397,000 square feet of new floor area, 713 open vehicle parking stalls, and associated circulation, landscaping, and stormwater treatment areas. The project’s two largest buildings – Building 1 and Building 2 – would measure 190,503 square feet and 157,783 square feet, respectively, and be designed as flexible industrial spaces intended for warehouse, distribution, e-commerce fulfillment, or manufacturing uses (including advanced manufacturing), and Building 3, located at the northern end of the site, would measure 46,839 square feet and be designed for research and development and advanced manufacturing users.
Project buildings would be located within the site’s interior, with employee parking and landscaped areas located between the buildings and the street and property lines shared with abutting uses. All project buildings would be oriented towards their respective street frontages, and loading dock areas for each building – Buildings 1 and 2 would feature 38 truck bays and Building 3 would feature six truck bays – would be oriented towards the interior of the site, thereby allowing them to be screened from public right-of-way and neighboring property view. Right-of-way dedications of 3’ and 2’-6” along the site’s Albrae Street and Encyclopedia Circle frontages, respectively, would be required to accommodate new 6’-wide sidewalks that would be buffered from right-of-way traffic lanes by landscaped parkway strips with street tree plantings, and on-site parking areas would feature minimum 25’-wide landscape buffers featuring groundcover, tree plantings, and designed bio- retention treatment areas along their street frontages.
The project would take its access via two driveways along Albrae Street, three driveways along Encyclopedia Circle, and an interior drive that connects to Stevenson Boulevard through the abutting 6044 Stevenson Boulevard parcel, which is part of the built-out portion of The Globe. The primary Albrae Street driveway, located adjacent to Building 1, would be aligned with Walmart’s driveway across the street and this intersection would be signalized at the applicant’s expense. An additional traffic signal, also to be funded by the applicant, would be installed at the Encyclopedia Circle / Stevenson Boulevard intersection. As designed and conditioned, truck traffic generated by the project would be restricted to use of Encyclopedia Circle driveways and access to Stevenson Boulevard from Encyclopedia Circle.
Lastly, as a voluntary commitment, the applicant proposes a community benefit pledge of $500,000, payable to the City as a lump-sum upon issuance of the first project building permit, to assist in targeted homeless services programs or other City initiatives should their project be allowed to proceed forward.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 4
PROJECT ANALYSIS
General Plan Conformance
The subject property is currently designated Regional Commercial. To enable industrial development at the site, the applicant is proposing a General Plan Amendment to change the land use designation to Tech Industrial, which permits research and development, “clean and green” tech, and semi-conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities, as well as warehouse and distribution, e-commerce fulfillment, and manufacturing facilities. Staff supports the proposed General Plan Amendment because the proposal would be consistent with the following General Plan goals and policies:
Land Use Policy 2-1.11: Infill Emphasis – Focus new development on underutilized or “skipped over” sites that are already served by infrastructure and public streets.
Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses.
Land Use Goal 2-2.1: Opportunity Areas for Growth and Change – Guide new growth and development to specific areas [… including] commercially and industrially zoned lands in the city with the potential to create job and housing opportunities while contributing to the city’s evolution into a more sustainable and pedestrian- oriented city.
Land Use Policy 2-3.6: Conversion of Older Shopping Centers and Commercial Uses – Support the adaptive reuse, renovation, or redevelopment of older shopping centers or commercial uses that are no longer viable due to changing market conditions, demographics, or retail trends.
Land Use Policy 2-5.1: Land Supply and Job Growth – Maintain an industrial land supply that is adequate and suitable for the continued growth of the City’s core industries, including computer and communications manufacturing, biotechnology, green technology, logistics/distribution, and emerging technologies. The City should capitalize on its proximity to Silicon Valley, regional transportation facilities, and educated and skilled work force to create opportunities for job growth.
Analysis
The proposed project would redevelop an urban, blighted commercial site with overgrown vegetation and vacant and partially demolished buildings with a new industrial development that would be compatible with existing industrial uses adjacent to and in vicinity of the site, as well as the adjacent commercial uses that make up the developed portion of The Globe Planned District. This would be achieved through quality site design, appropriate building scale, and restrictions on truck circulation to, from, and within the site that would minimize conflicts between passenger vehicles and trucks associated with project operations. The portion of The Globe Planned District that the project would develop was never built out with commercial uses as envisioned, and as described further in the Economic Development Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 5 Element analysis below, the viability of the site for future commercial development and long-term commercial use is in question. Conversion to the Tech Industrial designation and implementation of the proposed project would facilitate a significant investment in an underutilized, dilapidated, and vacated site that would result in a more productive and efficient use of the land than current conditions allow, create job growth in the City’s growing industrial sector, and be a new revenue source for the City.
Mobility Goal 3-1: Complete Streets – City streets that serve multiple modes of transportation while enhancing Fremont’s appearance and character.
Mobility Goal 3-4.4: Mitigating Development Impacts – Require new development to mitigate its impacts on mobility conditions through traffic impact fees, street and intersection improvements, transportation demand management programs, and other measures.
Mobility Goal 3-6.6: Trucking and Land Use Compatibility – Generally discourage the location of businesses generating large amounts of truck traffic in areas where residential streets or land uses would be negatively impacted. In mixed use areas where businesses and residences are in close proximity, ingress and egress for truck traffic should be designed to minimize the potential for impacts on residences and neighborhood streets. The site plan review process should be used to ensure that businesses are designed to minimize the impact of truck traffic and delivery vehicles on through-traffic. Loading docks and delivery/service areas should be sited to the rear of buildings to minimize traffic disruption and maintain the visual quality of public streets.
Analysis
Development of the proposed project would include the widening of the site’s current curb face to property line areas along the Albrae Street and Encyclopedia Circle frontages to meet current City parkway and sidewalk standards. These improvements would encourage an increase in pedestrian activity in an around the site by creating linkages to adjacent sites and contribute to an overall enhancement of the streetscape of each frontage. Upon building permit issuance, the project would be subject to development impact fees that include traffic impact fees intended to improve City transit, bicycle, and pedestrian facilities, and for use in traffic calming projects. As identified in a Traffic Impact Analysis prepared for the project by Fehr & Peers, traffic signals are warranted at the project’s primary Albrae Street driveway (directly aligned and across from that of Walmart’s) and at the Encyclopedia Circle / Stevenson Boulevard intersection. The signalized Albrae Street intersection would facilitate safe and efficient passenger vehicle movement from each site and within the Albrae Street right-of-way. The signalized intersection would be designed in a manner that would prohibit large truck use so as to avoid passenger vehicle and truck conflicts. Truck access to and from the site would instead come via Encyclopedia Circle, which currently, aside from the project site, is bounded exclusively by industrially- designated land and is therefore more suitable for truck travel. Within the site, the proposed connection to Stevenson Boulevard via the internal drive aisle through the developed portion of The Globe Planned District would include a median designed to restrict large truck use of this accessway, enhancing compatibility between the project and existing commercial operations. Lastly, project buildings are positioned such that their loading dock areas are screened from public right-of-way view for aesthetic purposes.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 6 Economic Development Policy 6-1.1: Increasing the Tax Base – Encourage economic development that generates sales tax, property tax, and other revenues that help sustain municipal services.
Economic Development Policy 6-3.1: Diverse Industrial and Technology Uses – Provide for a variety of industrial uses to minimize the impact of industry-specific downturns on the local economy, to provide a range of job opportunities for local residents, and to provide opportunities for synergy between various industries.
Economic Development Policy 6-3.2: Attracting Emerging Growth Industries – Recruit and retain emerging growth (industries with significant employment and performance potential) industries in order to increase employment opportunities for a wide range of skill levels and salaries to meet current and future employment, with an emphasis on industries such as high tech, biotech and clean tech that seek to locate in Silicon Valley.
Analysis
Since approval of The Globe Planned District in February 2007, the 22.4-acre portion of the district proposed in this application for industrial redesignation and development has yet to develop with the intended commercial uses. Through coordination with the Economic Development Department it’s understood that a number of factors have contributed to the site remaining undeveloped in the years since The Globe Planned District was approved.
These include the site’s location away from a high-traffic street frontage (such as Stevenson Boulevard), the rise in e-commerce shopping, the extremely close proximity to two other major retail sites (Pacific Commons and Newpark Mall), and high overhead costs for traditional, brick and mortar retail-commercial spaces. These factors, in addition to the unknown long-term impacts of Coronavirus Disease 2019 and its variants on the future of traditional retail shopping, have effectively eliminated near-term prospects for retail- commercial development and clouded forecasts for long-term viability of retail-commercial at the site. Conversely, the City is benefitting significantly from the current high demand for industrial land in the City and the greater Bay Area, particularly for uses such as advanced manufacturing, research and development, and logistics and warehousing. This demand is contrasted by a low supply of available land and low vacancy rates for industrial / advanced manufacturing space in the City. The proposed project is seen as the best, most feasible use of the site, and the relative stability and strength of the industrial market would result in a high probability that the project remains financially viable for both the City and the developer in both the short- and long-term.
A comprehensive Market Assessment and Economic Benefits Analysis, prepared by Strategic Economics, a local leading economist, was also prepared for the proposed project. The Assessment supports and builds off the feedback received from the Economic Development Department. The Assessment details how retail growth in the City has slowed since 2014, and how the project site is already well served by existing regional-serving retail centers and is thus not well positioned to attract a similar type development. Furthermore, the Assessment finds that development of a new retail-commercial shopping center at the site would add supply to a relatively weak retail-commercial market and would require competing for demand against existing shopping centers, such as the nearby Pacific Commons, causing them potential economic harm. The Assessment concludes that trends favor reinvestment in existing shopping centers, not the development of new ones. The site’s retail future is additionally hindered because it is not located abutting Interstate-880, Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 7 a condition that could potentially result in the shopping center and appurtenant signage having relatively low visibility from motorists on the highway.
The Assessment finds that new industrial space at the project site would be well-positioned to attract a diverse array of uses due to the City’s direct access to Silicon Valley businesses and the City’s access to a workforce with a diverse range of education and specialized skills.
Though Fremont competes with neighboring and area jurisdictions for industrial tenants, the Assessment cites Fremont as the most desirable location for R&D and advanced manufacturing, particularly for pharmaceuticals, biotechnology, medical device manufacturing, electronic equipment, computer technology, and sustainability technologies and products. Within the area, demand for space for these uses is highest in the area between Stevenson Boulevard and Dixon Landing Road, an area which encompasses the project site.
As detailed in the Assessment, the proposed project, as an industrial development, would be subject to Capital Facilities, Fire Facilities, and Traffic development impact fees, plus affordable housing fees. Below is a summary of estimated development impact fees and affordable housing fees for the project based on a calendar-year 2022 building permit issuance:
Capital Facilities ($456/KSF for warehouse; $648/KSF for manufacturing): $189,170 Fire Facilities ($377/KSF for warehouse; $385/KSF for manufacturing): $149,336 Traffic ($3,503/KSF for warehouse; $2978/KSF for manufacturing): $1,329,532 Developer Impact Fees: $1,668,038
Affordable Housing ($4.64/SF for warehouse and manufacturing): $1,833,380
In addition to development impact and affordable housing fees, the proposed project would generate annual sales tax revenue, property tax revenue, and business tax revenue to the City. Industrial sales tax is less cyclical than retail-commercial sales tax generation, so the project would provide a reliable source of revenue to the City and contribute to the City’s diversified tax base, which already benefits from a high industrial tax base. The Assessment estimates that the proposed project would generate approximately $130,000 in annual sales tax revenue, approximately $148,000 in annual secured property tax revenue, and approximately $16,500 in annual business tax revenue. Over a 10-year period, with inflation and tax and accessed value increases factored in, operating revenues for the project could potentially total over $3 million dollars. The proposed project would also function as an employment center, bringing jobs to a site which has failed to generate jobs under its current land use designation and use allowances. The Assessment estimates that the proposed project could generate approximately 650 jobs under the proposed land use allowances that would govern the site should the project be approved.
Furthermore, the project would feature significant public improvements including sidewalk and parkway improvements, the installation traffic signals at two separate intersections, and an applicant community benefit pledge of $500,000, payable to the City as a lump-sum upon issuance of the first project building permit, to assist in targeted homeless services programs or other City initiatives.
Zoning Regulations
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 8 The subject property is currently zoned P-2006-10, otherwise known as The Globe Planned District. The applicant is requesting a Rezoning of the site to a new Preliminary and Precise Planned District, P-2021-160, to enable the construction of an industrial development consisting of approximately 370,000 square feet of floor area spread among three, one- story buildings. Per FMC Section 18.110.020, the standards governing development within a proposed Planned District shall be based upon the standards of the zoning district most similar in nature to the proposed use. In this case, the I-T zoning district, which is the designation governing land use and development on properties adjacent and abutting the site to the south and southwest, provided the basis for design of the proposed project.
The following table provides an overview of the project’s conformance with the development standards of the I-T zone:
In establishing a Planned District, the City Council may approve exceptions to the straight application of base district standards – in this case those of the I-T zoning district – and to other standards of the zoning ordinance when it can be found that such exceptions or Standard I-T Zone
Requirement
(FMC Table
18.50.030)
Proposed Project Compliant
(Yes/No)
Minimum Lot Area 20,000 SF Bldg 1 Parcel: 442,455 SF
Bldg 2 Parcel: 369,529 SF
Bldg 3 Parcel: 161,873 SF
Yes (All)
Minimum Lot
Width
70 Feet Bldg 1 Parcel: approx. 1,001 Feet
Bldg 2 Parcel: approx. 970 Feet
Bldg 3 Parcel: approx. 431 Feet
Yes (All)
Minimum Front
Setback
25 Feet (across
the street from
non-residential)
Bldg 1: 96’-6”
Bldg 2: 99’-8”
Bldg 3: 97’-4”
Yes (All)
Minimum Rear
Setback
None (adjacent to
non-residential)
Bldg 1: approx. 60 Feet
Bldg 2: approx. 60 Feet
Bldg 3: 92’-7”
Yes (All)
Minimum Side
Setback
(All Interior)
None (adjacent to
non-residential)
Bldg 1: 99 Feet (N)/87 Feet (S)
Bldg 2: 45 Feet (N)/94 Feet (S)
Bldg 3: approx. 45 Feet (N)/68 Feet
(S)
Yes (All)
Maximum Building
Height
75 Feet Bldg 1: 45 Feet
Bldg 2: 45 Feet
Bldg 3: 41 Feet
Yes (All)
Maximum Floor
Area Ratio (FAR)
0.35, except 0.45
for warehousing
and manufacturing
facilities
Bldg 1 :0.43 (warehouse/manuf.
use)
Bldg 2: 0.43 (warehouse/manuf.
use)
Bldg 3: 0.29 (R&D, advanced manuf.
use)
Yes (All)
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 9 modifications encourage a desirable living environment and are warranted by the design and amenities incorporated in the precise plan, or provided to the community at large.
However, as the table shows, no deviations from the I-T zoning district development standards are sought for the proposed Planned District. The proposed project is fully compliant with current zoning development standards. The proposed Planned District Guidelines for the site would establish the I-T zoning district’s land use and development standards for future changes to the site, thereby ensuring consistency with these adjacent uses from a land use and development scale standpoint. Though specific tenants for each building are not known at this stage, contemplated project occupants including advanced manufacturing, research and development, and warehousing and distribution uses are permitted by-right in the I-T zoning district.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 10 The following table provides an overview of the project’s conformance with the on-site parking requirements applicable to each building:
As the table shows, all parking requirements for the proposed project would be met.
Parking required for each building would be located on their respective parcel with the exception of 29 stalls required for Building 2 that would be located on the Building 1 (three stalls) and Building 3 (26 stalls) parcels. As conditioned, these Building 2 off-site stalls would be subject to a restrictive covenant and signage tying them and restricting them to use of the Building 2 occupant(s). Of the 713 total automobile parking stalls, 73 would be designed for electric vehicle use and equipped with charging stations in accordance with building code regulations.
Rezoning to a Preliminary and Precise Planned District provides certainty about the look and layout of site development, as well as a higher level of oversight regarding future proposals that could change the character of the site. Additionally, approval of a specific development via a Planned District allows for more precise comparison of project impacts to those identified in the previously-prepared environmental analysis for the site.
Design Analysis
Site Planning:
Standard Requirement
(FMC Chapter 18.183)
Proposed Project Compliant
(Yes/No)
Minimum
Automobile
Parking Stall
Count
Bldg 1: 1.6 stalls / KSF
(305 total)
Bldg 2: 1.6 stalls / KSF
(253 total)
Bldg 3: 3.3 stalls / KSF
(155 total)
Bldg 1: 305 stalls
Bldg 2: 253 stalls
Bldg 3: 155 stalls
Yes (All)
Maximum
Compact Par king
Stall Count
35% of total Bldg 1: 23% (71 stalls)
Bldg 2: 0% (no compact
parking)
Bldg 3: 34% (53 stalls)
Yes (All)
Minimum Bicycle
Parking, Short -
Term
Bldg 1: 4 + 5% auto (20
total)
Bldg 2: 4 + 5% auto (17
total)
Bldg 3: 4 + 5% auto (12
total)
Bldg 1: 20 spaces
Bldg 2: 18 spaces
Bldg 3: 12 spaces
Yes (All)
Minimum Bicycle
Parking, Long -
Term
Bldg 1: 1 + 5% auto (17
total)
Bldg 2: 1 + 5% auto (14
total)
Bldg 3: 1 + 5% auto (9
total)
Bldg 1: 18 spaces
Bldg 2: 14 spaces
Bldg 3: 10 spaces
Yes (All)
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 11 The proposed project’s buildings are sited and oriented in such a way as to provide adequate setbacks from public streets and adjacent uses and conceal truck bays and related loading operations from public right-of-way view and view from neighboring properties.
Project frontages would feature wide, heavily-planted landscape buffers to conceal the surface parking and drive aisle areas that wrap each building and provide a buffer between neighboring developments. Since trucking operations would be required to utilize Encyclopedia Circle for site ingress and egress, drive aisles leading directly from the truck bays of each building to Encyclopedia Circle driveways would be 40’ in width, wider than drive aisles elsewhere within the project that are primarily intended to serve as access to passenger vehicle parking. The buildings would be oriented such that their main entry areas are in prominent, public-facing locations and their truck bays and loading areas, trash enclosures, and above-ground utilities would be screened from view by either the buildings themselves or landscape treatments.
Architecture:
The proposed project’s buildings feature a contemporary industrial aesthetic with a consistent architectural theme. Building designs are fully-developed and well-executed and have been enhanced through the project’s multi-round staff-level review process. The concrete tilt-up paneled buildings feature increased articulation and double-height glazing at building corners to highlight these areas as locations of interior lobby and office space and convey a sense of openness and invitation. Building facades feature changes in plane to create relief and shadow lines, and bands of clerestory glass, color accents, and vertical sections of roofline variation add additional interest to the buildings. Building architecture has been designed to be consistent with the applicable provisions of the Citywide Design Guidelines for non-residential building design.
Access/Circulation:
The project would take its access via two driveways along Albrae Street, three new driveways along Encyclopedia Circle, and via an existing drive aisle that currently serves commercial uses at the 6000 Stevenson Boulevard and 6044 Stevenson Boulevard properties and terminates at the project site boundary. Albrae Street access would be provided from one existing driveway that currently serves commercial uses at 6000 Stevenson Boulevard but would dually serve the proposed project, and one new driveway aligned with Walmart’s Albrae Street driveway that would be subject to installation of a traffic signal for improved circulation and public safety. These driveways are each 26’ wide – too narrow to accommodate large trucks – and thus would be intended for passenger vehicle use only. Proposed Encyclopedia Circle access consist of two, 40’ wide driveways on the edges of the site for truck access and one interior driveway of 26’ width intended for exclusive passenger vehicle use. Direct access to Stevenson Boulevard from the project site would be provided by a connection to the aforementioned interior drive aisle that bisects the developed portions of The Globe Planned District. At its point of connection with the project site, a median would be installed to reduce lane widths such that large trucks would not be able to use this as an Encyclopedia Circle bypass route. Emergency vehicle and truck turn template overlays applied to the proposed site plan have been reviewed by Fire Department and Transportation Division staff and been deemed consistent with City standards.
An Emergency Vehicle Access Easement would encircle each building, and Fire Department staff have verified that the necessary quantity of access points to the site have been Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 12 provided. Since proposed driveways, drive aisles, and parking stalls cross proposed lot lines in certain instances, private ingress-egress and joint access easements are necessary and would be required as project conditions of approval.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 13 Tree Removal/Replacement:
There are currently no on-site trees at the project site owing to previous demolition and site-clearing activities at the site. A tree assessment prepared for the project identified the presence of seven street trees along the site’s Albrae Street frontage and 21 off-site, private protected trees in close proximity to the site’s perimeter, with 20 of those trees located along its southeast border. These street trees – six chinese Pistache and one river she-oak – and off-site trees – a mix of callery pear, raywood ash, London plane, nichol’s gum, flaxleaf paperbark, blackwood acacia, and Mexican fan palm – would be preserved in place as part of project activities, and complemented by the additional planting of 207 new trees.
New tree plantings would be evenly spaced along the project’s street frontages, interior perimeters, and within the parking fields to create a cohesive, unified site appearance. Tree locations, quantities, and species have been deemed suitable and sufficient for the project by the City’s landscape architecture review staff.
Grading/Drainage:
The project site is generally level, with approximately 4’ or less of relief across the site.
Project grading activities would consist of preparing the site to accommodate the building pad and parking lots with a level fine grade. The project engineer estimates total project grading would consist of 35,114± cubic yards of cut and 46,903± cubic yards of fill, which includes 11,789± cubic yards of imported soils.
The Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (MRP) requires all new and redevelopment projects to incorporate measures to prevent pollutants from being conveyed in stormwater runoff and into the public storm drain system. This project would be required to comply with the MRP by incorporating source controls and treatment measures into the project design. Per the project’s stormwater management plan, the project would meet the quantitative storm water treatment requirements by constructing a total of 25 bioretention ponds and flow- through planters throughout the site. In order to conform to the quantitative performance criteria of the Countywide NPDES permit, the applicant may be required to incorporate additional treatment control best management practices (BMPs) to treat stormwater runoff.
The stormwater treatment design would be integrated into the storm drain design for the project and subject to review and approval by the City Engineer prior to building permit approval.
Geologic Hazards:
The project site is not located within a special flood hazard area, an earthquake fault trace zone, or an earthquake-induced landslide zone. The site is, however, located within an area of potential earthquake-induced liquefaction. In accordance with the California Building Code, the applicant has commissioned and filed a geotechnical report prepared by a State- licensed geotechnical engineer that contains specific recommendations to mitigate the risk of damage to the project from liquefaction, including removal of undocumented fill and replacement with chemically-treated engineered fill, compaction, deep soil mixing below building foundations, and employment of deep foundations. This report will be subject to review and approval by the City Engineer and peer-reviewed by a City-commissioned geotechnical consultant during the building permit application process.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 14 Public Improvements:
Improvements to the public rights-of-way adjacent to the project site would include a number of dedications and other exactions required by code and conditions of approval in order to offset the capital improvements to public infrastructure necessary to support the project. These include 3’ and 2.5’ sidewalk dedications along Albrae Street and Encyclopedia Circle, respectively, construction of full ADA sidewalk, curb, and intersection improvements, and new 7’-wide parkways complete with ground cover, street trees, and irrigation systems on both street frontages. Additionally, as warranted by a signal analysis prepared for the project, the project’s primary Albrae Street driveway, designed to align with the adjacent Walmart driveway, would be subject to installation of a new traffic signal, as would the Encyclopedia Circle / Stevenson Boulevard intersection in order to efficiently accommodate truck movements to and from the project. Furthermore, the Encyclopedia Circle roadway would be widened by approximately 10’ to bring the road into conformity with City standards. Each of these public improvements are required to accommodate the use of public facilities and infrastructure in the vicinity of the site associated with construction and operation of the project.
FINDINGS FOR APPROVAL
In order to approve the proposed General Plan Amendment, Preliminary and Precise Planned District, and Vesting Tentative Tract Map, the project must be found consistent with the General Plan, Zoning Ordinance, and Subdivision Regulations. Based upon the above analysis, the proposed project would be in conformance with applicable standards and regulations and recommends approval of the following findings:
General Plan Amendment:
Pursuant to FMC Section 18.225.050, the City Council may approve or approve with modifications a proposed General Plan Amendment only when the following findings can be made:
(a) The proposed amendment is consistent with the general plan and, where the amendment is to the text of the general plan, it is consistent with the other policies and chapters; and
(b) The proposed amendment furthers the public interest, convenience, and general welfare of the city.
Analysis: The proposed General Plan Amendment to designate the project site Tech Industrial will establish industrial land use allowances after a prior land use designation change from industrial to Regional Commercial failed over a period of 15 years to result in the envisioned site development. A land use change to Tech Industrial will facilitate a substantial investment in the site consisting of a three-building industrial employment center that will improve what’s currently a blighted, skipped-over urban site with a development that’s compatible in use and scale with surrounding uses, the majority of which are similarly industrial in nature and governed by the same I-T zoning district land use and development standards that the proposed development is designed in accordance to. The project will improve the site’s visual character and will support City innovation goals and enhance its strong industrial base, providing significant jobs and tax revenues. Public Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 15 improvements such as fully redeveloped sidewalks and parkways along site frontages, the widening of the Encyclopedia Circle roadway to standard width, the installation of two new traffic signals – signals that have been found to be warranted even without the proposed project – and an applicant pledge of a $500,000 community benefit for use on City initiatives will further the City welfare and interests.
Preliminary and Precise Planned District Rezoning:
Pursuant to FMC Section 18.110.070, the City Council may by ordinance establish a Planned District if the following findings can be made in support of the proposal:
(a) The Planned District is consistent with the City’s general plan and any applicable community or specific plan;
Analysis: The proposed Preliminary and Precise Planned District will conform to the proposed Tech Industrial designation, which supports and recognizes the essential role in the Silicon Valley economy and the high volume of business-to-business sales tax to the City that flexible industrial developments, such as the proposed project, contribute. The proposed Planned District will support City mobility policies through significant improvement to the Albrae Street and Encyclopedia Circle rights-of-way, including the installation of traffic signals at two key intersections, and the funneling of project truck traffic to Encyclopedia Circle, away from more high-volume and commercially-oriented routes to minimize potential conflicts. Additionally, the proposed Planned District will improve a vacant, long-blighted site that is not well positioned to attract new local- or regional-serving retail-commercial development, as evidenced by the lack of site development since adoption of the current retail-commercial Planned District in place for the site and exacerbated by other factors such as the rise of e-commerce and the presence of established regional shopping venues in close proximity to the site, namely Pacific Commons and NewPark Mall (in Newark).
The proposed Planned District will be consistent with the site’s Bayside Industrial Community Plan Area location. As a flexible industrial development, the Planned District will further a number of goals of the Bayside Industrial Community Plan Area, including supporting the Plan Area as a major employment center and revenue generator, contributing a healthy range of possible industrial uses to an industrially-dominant area of the City, and development of the site in a manner that’s compatible with adjacent uses.
(b) The precise plan and supplementary documents incorporate and conform to the required standards of FMC Section 18.110.020 and, where applicable, FMC Section 18.110.030;
Analysis: The proposed Preliminary and Precise Planned District is suitable and sufficiently- sized for the project stie. The project has been designed to strictly comply with the standards for lot area, lot width, setbacks, building height, and FAR applicable to the I-T zoning district, a zoning designation consistent with the Tech Industrial land use designation proposed for the site and consistent and compatible with adjacent properties zoned for and developed with industrial uses.
(c) The uses proposed will not be detrimental to present and potential surrounding uses;
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 16 Analysis: The proposed Preliminary and Precise Planned District will consist of new industrial buildings of similar density and relative scale as those which currently occupy properties adjacent to the site. The uses proposed will enhance the industrial output and character of the area and support the goals of the Bayside Industrial Community Plan Area. Though the site is also adjacent to existing retail-commercial uses, the development has been designed to enhance street frontages and the public realm, and truck loading bays and other industrially-oriented features of the project are located away from public view.
Furthermore, conditions of approval will require large trucks associated with the project to use Encyclopedia Circle for site access, eliminating the potential for traffic conflicts that would otherwise occur on Albrae Street and the proposed internal connection through The Globe to Stevenson Boulevard.
(d) The project provides suitable and adequate connections and capacity for both circulation and infrastructure to surrounding properties; Analysis: The proposed Preliminary and Precise Planned District will provide suitable and adequate connections and capacity to surrounding properties through a variety of public improvements such as new sidewalks and parkways built to City standards along the site’s Albrae Street and Encyclopedia Circle frontages and the installation of traffic signals at the project’s primary Albrae Street intersection and the Stevenson Boulevard / Encyclopedia Circle intersection. These improvements have been reviewed and found to be suitable for project needs and designed for compatibility with surrounding uses and properties.
(e) Existing or proposed utility services are adequate for the development; Analysis: The proposed Preliminary and Precise Planned District will feature adequate utility infrastructure to support build-out of the project. Water, sewer, gas, stormwater, and electricity connections will be coordinated with City staff and service providers during the permitting phase of the project to ensure sufficient capacity for project implementation.
(f) Any exception or modification from standard ordinance requirements will encourage a desirable living environment and is warranted by the design and amenities incorporated in t he precise plan or provided to the community at large; and
Analysis: The proposed Preliminary and Precise Planned District will be designed and developed in strict accordance with the standards of the I-T zoning district. No exceptions or modifications from I-T zoning district standards or other standards of the Fremont Municipal Code are sought.
(g) The project substantially conforms to any applicable design guidelines.
Analysis: The proposed Preliminary and Precise Planned District will conform to the Citywide Design Guidelines, the design standards that will be applicable to development at the site as part of the new Planned District. In accordance with the Guidelines, site frontages feature wide, attractively-landscaped setback areas, and project buildings will be oriented towards the public streets in such a way as to provide contextual continuity along the frontages. The primary elevations of each building feature large amounts of transparent glazing, increased articulation, and pedestrian-oriented design features at potential lobby and office areas to Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 17 reduce perceived scale. To maintain their clean aesthetic, service and truck loading areas are located at the rear of each building, hidden from public view and views from neighboring properties. All told, site design and project buildings will feature a high-quality design aesthetic that will complement existing uses and development in the project vicinity and enhance the visual quality of the site.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 18 Vesting Tentative Parcel Map:
Based on the analysis contained in the staff report, and pursuant to FMC Section 17.20.200 and Government Code Section 66474, proposed Vesting Tentative Parcel Map No. 11171 is in conformance with the General Plan, Zoning Ordinance, and the Subdivision Map Act, and none of the following findings can be made:
(a) The map fails to meet or perform one or more of the requirements or conditions imposed by the Subdivision Map Act or Title 17 of the Municipal Code (Subdivisions);
(b) The proposed subdivision, together with the provisions for its design and improvements, is not consistent with applicable general and specific plans;
(c) The site is not physically suitable for the type or proposed density of development;
(d) The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(e) The design of the subdivision or the type or improvements is likely to cause serious public health problems; and
(f) The design of the subdivision or th e type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdictio n and no authority is hereby granted to the commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
In addition, the following finding should be made pursuant to Government Code Section 66473.5:
(g) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any specific plan in that the proposed subdivision, as designed, and the proposed land use and land us e density are consistent and compatible with the objectives, policies, and programs of the proposed General Plan designation, as articulated in this report.
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 19 Tree Removal: Pursuant to FMC Section 18.215.070, in order to allow remove existing private trees that are subject to protection under the City’s Tree Preservation Ordinance, the decision-making body must make the following finding:
(a) Development project plans currently filed for the lot indicate that it is necessary to damage, remove, or relocate the t rees to enable reasonable and conforming use of the property or to achieve a superior project; and the trees cannot be preserved or left undamaged by a reasonably required redesign of the project.
Analysis: There are currently no private protected trees on the project site, and no street trees within project-adjacent parkways or private protected trees on adjacent parcels will be removed as part of project activities.
FISCAL IMPACT: This project would be subject to citywide Development Impact Fees, including fees for fire protection, capital facilities, and traffic facilities. The project would also be subject to the affordable housing fees applicable to non-residential development. All applicable fees would be calculated and paid at the fee rates in effect at the time of building permit issuance. The applicant may elect to defer payment of the fees in accordance with the City’s Impact Fee Deferral Program. Additionally, the applicant has pledged a $500,000 community benefit payment in conjunction with the requested General Plan Amendment.
ENVIRONMENTAL REVIEW: CEQA Guidelines section 15164 specifies that an Addendum to an adopted EIR may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
Section 15162 specifies that no subsequent EIR shall be prepared unless one or more of the following conditions are met:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR or negative declaration was certified as complete or the negative declaration was adopted, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b) Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative declaration;
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 20 c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
An Environmental Checklist, commissioned by the City and prepared by consulting firm Lamphier-Gregory, was prepared for the project. The checklist summarizes the impact findings of The Globe EIR and analyzes whether impacts of the proposed project would fall within those identified in the prior EIR and whether new or more significant environmental impacts than those identified in the prior EIR would be introduced. The analysis, which was informed by a number of technical studies prepared to assess the proposed project, found that the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects; that there are no changes in circumstances that would result in the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and that there is no new information resulting in new significant environmental effects, a substantial increase in the severity of previously identified significant effects, or a change in the feasibility (or acceptance) of mitigation measures.
The recommended Addendum and supporting documents (Exhibit “A”) constitute substantial evidence supporting the conclusion that preparation of a Supplemental or subsequent EIR is not required under Section 15162 for implementation of the proposed Planned District. As detailed in the Environmental Checklist, the project is consistent with the previously- certified EIR for The Globe and would involve a change of use that is less in development intensity than the previously analyzed and approved regional shopping center project. The updated Mitigation Monitoring and Reporting Program for the proposed project reflects this decrease in intensity as well as subsequent changes to policies and regulations, including the introduction of universally-applied standard development requirements that address construction-period dust control and equipment emissions and guidelines for the appropriate handling of contaminated soil (FMC Chapter 18.218) and the elimination of service-based impacts as a CEQA transportation evaluation metric, have resulted in the deletion of certain previously adopted mitigation measures. Mitigation Measures found to still apply to the proposed project have been restated in the Revised MMRP.
In conformance with the requirements of Public Resources Code section 21080.3.1, notice of the proposed project was sent by certified mail and email on July 7, 2021 to the fifteen Native American tribal representatives whose names and contact information were provided by the Native American Heritage Commission. At the time of completion of this report, no requests for consultation have been received.
Correspondence on the project’s CEQA analysis was received prior to the February 24, 2022 Planning Commission hearing from the Teamsters and Sierra Club. The Teamsters letter asserted that the calculation of project trips was based on the incorrect land use, that the project would have a higher volume of trips than reported, and that mitigation measures to reduce greenhouse gas emissions beyond those available at the time of original EIR certification should be implemented for the project. A response memo prepared by Lamphier-Gregor provides additional details supporting the use of an Addendum for the Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 21 project and no additional environmental review being necessary. The Sierra Club letter argued against the use of a Mitigated Negative Declaration and not an Addendum, which is the actual CEQA document prepared for the project, and thus the standard of legal review cited in the letter is different than what’s applicable to the project. Furthermore, the letter does not present substantial evidence that preparation of a subsequent or Supplemental EIR would be required under CEQA guidelines.
ATTACHMENTS:
• Exhibit A - EIR Addendum and Mitigation Monitoring and Reporting Program • Exhibit B - General Plan Amendment
• Exhibit C - Rezoning
• Exhibit D - Planned District Plans
• Exhibit E - Planned District Guidelines
• Exhibit F - Findings and Conditions of Approval
• Informational 1 - Planned District Statement
• Informational 2 - Architectural Design Statement
• Informational 3 - Albrae Economic Analysis
• Informational 4 - Transportation Impact Analysis
• Informational 5 - Public Correspondence
• Informational 6 - Addendum Response
• Informational 7 - Planning Commission Staff Report
• Draft CEQA Resolution
• Draft General Plan Amendment Resolution
• Draft Rezoning Ordinance
RECOMMENDATIONS:
1. Hold public hearing.
2. Upon conclusion of the public hearing, adopt a resolution adopting the Addendum and Revised Mitigation Monitoring Program for the project as shown in Exhibit “A,” and find on the basis of the whole record before it that the project is consistent with the previously-certified EIR for site development, project changes reflect a decrease in intensity from the previously analyzed project, and that there is no substantial evidence that the project introduces significant effects on the environment or increases the severity of previously identified impacts, and that this action reflects the independent judgment of the City of Fremont;
3. Find that the General Plan Amendment, as shown in Exhibit “B,” conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest.
4. Find the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use, Mobility, and Economic Development Chapters of the General Plan as enumerated in the staff report;
Staff Report (ID # 4538) Meeting of March 15, 2022
Updated: 3/10/2022 3:52 PM by Alberto Quintanilla Page 22
5. Find that the project plans for Preliminary and Precise Planned District P-2021-160 as shown in Exhibit “D” and in the accompanying Planned District Guidelines as shown in Exhibit “E” fulfill the applicable requirements set forth in the Fremont Municipal Code;
6. Adopt a resolution approving a General Plan Amendment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”
7. Introduce an ordinance adopting Preliminary and Precise Planned District P-2021-160 as shown in Exhibit “C” (Planned District Rezoning) and Exhibit “D” (Preliminary & Precise Planned District Plans and Vesting Tentative Parcel Map) and the accompanying Planned District Guidelines as shown in Exhibit “E,” based upon the findings and subject to the conditions of approval set forth in Exhibit “F;”
8. Approve the Vesting Tentative Parcel Map as shown in Exhibit “D” pursuant to FMC Section 17.20.200 and Government Code Section 66474, because none of the following findings for denial can be made, subject to the conditions of approval set forth in Exhibit “F;” and
9. Direct staff to prepare and the City Clerk to publish a summary of the resolution and ordinance.