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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL
IMPACT REPORT AND SUPPLEMENTAL PREPARED AND
CERTIFIED FOR THE GLOBE IN CONJUNCTION WITH THE
ALBRAE INDUSTRIAL GPA & REZONING PROJECT LOCATED AT
40517-40525 ALBRAE STREET AND 6000 STEVENSON BOULEVARD
WHEREAS, on May 7, 2006, the City Council of the City of Fremont certified an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program for a General Plan Amendment that redesignated property located at 40517-40525 Albrae Street and 6000 Stevenson Boulevard from General Industrial with Commercial-Industrial Overlay to Commercial High-Volume Retail (State Clearinghouse #2005042146); and
WHEREAS, on February 27, 2007, a supplement to that EIR (Supplemental) was approved in conjunction with site Rezoning approval of The Globe Planned District (P-2006- 10), which was to include an international-themed retail, restaurant, and entertainment center consisting of approximately 557,900 square feet of floor area, including 469,900 square feet of commercial space and 88,000 square feet of mini-storage space; and
WHEREAS, Scannell Properties presently proposes a General Plan Amendment to Tech Industrial, a Rezoning to Preliminary and Precise Planned District P-2021-160, and Vesting Tentative Parcel Map No. 11171, to facilitate the development of an approximately 22.4-acre portion of the site, in conjunction with the Albrae Industrial GPA & Rezoning project (the project), which more specifically consists of developing the vacant and/or underutilized portions of The Globe Planned District with three new freestanding industrial buildings comprised of approximately 397,000 square feet of floor area; and
WHEREAS, the Community Development Department of the City of Fremont prepared an Environmental Checklist in accordance with the California Environmental Quality Act (CEQA) which analyzed whether the current project may cause any significant effect on the environment that was not examined in the previous EIR and Supplemental prepared for implementation of The Globe and whether the current project is within the scope of the prior CEQA analysis; and
WHEREAS, the Community Development Department of the City of Fremont prepared an Addendum for the project pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, the Planning Commission of the City of Fremont held a noticed public hearing on the project on February 24, 2022, after which the Commission recommended that the City Council adopt the Addendum and Revised Mitigation Monitoring and Reporting Program and approve the project, as proposed, by a vote of 5-1; and
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2 WHEREAS, the City Council held a noticed public hearing on March 15, 2022, on the project, and considered the reports and documents presented by City staff, the Planning Commission’s deliberations, and the written and oral testimony presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT
HAS REVIEWED AND CONSIDERED THE ADDENDUM TOGETHER WITH
THE EIR AND SUPPLEMENTAL , AND THE REVISED MITIGATION
MONITORING, AND REPORTING PROGRAM PREPARED FOR THE
PROJECT’S GENERAL PLAN AMENDMENT, PRELIMINARY AND PRECISE
PLANNED DISTRICT REZONING, AND VESTING TENTATIVE TRACT MAP NO. 11171, AND ALL OTHER EVIDENCE IN THE RECORD OF
PROCEEDINGS AND ON THAT BASIS, RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Fremont found that while the project is a modification of The Globe development, the project’s Environmental Checklist determined that none of the conditions described in CEQA Guidelines Sections 15162 and 15164 requiring the preparation of a subsequent EIR have occurred and the project is within the scope of the project covered under the previous EIR and Supplemental for the site.
SECTION 2. The Community Development Department of the City of Fremont prepared an Addendum and Revised Mitigation Monitoring and Reporting Program for the project. The Addendum, together with other substantial evidence in the record demonstrates that use of an Addendum is appropriate pursuant to CEQA Guidelines Section 15164, as changes to the project require only minor changes or additions to the prior EIR and Supplemental or none of the conditions calling for the preparation of a subsequent EIR or negative declaration have occurred. Based upon the evidence in the entire record as a whole, the Council finds there is substantial evidence in the record or otherwise that:
(1) there are no substantial changes proposed in the project that require major revisions of the EIR or Supplemental due to the involvement of significant new effects or a substantial increase in the severity of previously identified significant effects;
(2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR or Supplemental due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(3) there is no 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 EIR or Supplemental was certified that shows (a) the project would have one or more significant effects not discussed in the EIR or Supplemental; (b) significant effect previously examined will be substantially more severe than shown in the EIR or Supplemental; (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 project proponents decline to adopt it; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR or Supplemental would substantially reduce one or more significant effects on the environment but the project proponents decline to adopt it.
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2 SECTION 3. Based upon the foregoing and other substantial evidence in the record, the City Council adopts the Addendum and the Revised Mitigation Monitoring and Reporting Program attached as part of Exhibit “A” to the March 15, 2022 City Council staff report.
SECTION 4. All applicable policies, regulations, and mitigation measures identified in the previous EIR and Supplemental for the site have been applied to the project and been made conditions of project approval.
SECTION 5. The City Clerk is directed to file a Notice of Determination or take other such actions as may be necessary and appropriate to comply with CEQA.
The foregoing Resolution was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the 15th day of March 2022, and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney Deleted: Senior Deputy