Exhibit “F”
Findings and Conditions of Approval for PLN2021-00160, Albrae Industrial General Plan Amendment, Rezoning, Tentative Parcel Map, and Environmental Impact Assessment
40517 Albrae Street in the Bayside Industrial Community Plan Area
I. FINDINGS
The findings below are made on the basis of information presented at the public hearing and contained in the report to the Planning Commission dated February 10, 2022 , inco rporated hereby.
General Plan Amendment
(a) The proposed amendment is c onsistent w ith 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 e nvisioned site development.
A land use change to Tech Industrial will facilitate a substantial investment in the site consisting of a three -building industrial emp loyment center that w ill improve what ’s currently a blighted, skipped-over urban site with a development that’s compatible in use and sca le 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 de velopment 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 re venues. Public improvements such as fully redeve loped sidewalks and parkways al ong si te frontages , the widening of the Enc yclopedia Circle roadway to standard width, the installation of two n ew traffic signals – signals that have been found to be warranted even without the proposed project – and an applicant pledge of a $500,000 comm unity benefit for use on City initiatives w ill further the City welfare and interests.
Preliminary and Precise Planned District Rezoning
(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 reco gnizes 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 pol icies through significant improvement to the Albrae Street and Encyclopedia Circle r ights-of-way, including the installat ion of t raffic signals at two key intersections, and the funneling of project truck traffic to Encyclopedia Circle, away from mor e high-volume and commercially -oriented routes to mini mize potential conflicts. Additionally, the proposed Planned District wi ll improve a vacant, long -blighted site that is not well position ed 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 Co mmons and NewPark Mall (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 wil l further a number of goals of the Bayside Industrial Community Plan Area, including supporting the Plan Area as a major employment center and reve nue generator , contributing a healthy range of possible industrial uses to an industrially -dominant area of t he City, and development of the site in a manner that’s compatible with adjacent uses.
(b) The precise plan and supplementar y documents incorporate an d c onform to the required standards of FMC Secti on 18.110.020 and, where applicable, FMC Secti on
18.110.030;
Analysis: The proposed Preliminary and Precise Planned District is suitable and sufficiently-sized for the project stie. The project has been des igned 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 consiste nt 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 w ill not be detrimental t o present and potential surrounding uses;
Analysis: The proposed Prelimin ary and Precise Planne d 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 h as been designed to enhance street frontages and the public realm, and truck loading bays and other industrially-oriented features of the project a re located a way 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 pro vides sui table 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 sta ndards along the site ’s Albrae Street and Encyclopedia Circle frontages and the installation of traffic signals at the project’s primary Albrae Street inters ection and the Stevenson Boulevard / Enc yclopedia Circle inte rsection. These improvements have bee n reviewed and found t o 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 Di strict will feature a dequate 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 requi rements will encourage a desirable living en vironment and is war ranted by the design and amenities incorporated in the precise plan or provided to the community at l arge; and
Analysis: The proposed Preliminary and Precise Planned District will be designed and developed in strict ac cordance with the standards of the I-T zoning district. No exce ptions 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 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.
Vesting Tentative Parcel Map
(a) The map fails to meet or perform one or mor e of th e requirements or conditions imposed by the Subdivision Map Act or Title 17 of the Municipal Code (Subdivisions);
(b) The proposed subdivisi on, t ogether 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 prop osed 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 the 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 fi nds that alternate easements, for access or for use, will be provided, and that these will be substantially equi valent 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 jurisdiction and no authority is hereby granted to the commission to determine that th e publi c 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 pro visions for its design and improvement, is consistent with the general plan or any specific plan.
Analysis: The proposed subdivision, as designed, and the proposed land use and land use density are consistent and compatible with the objectives, policies, and programs of the General Plan, as articulated in this report.
Tree Removal
(a) Development project plans currently filed for the lot indicate that it is necessary to damage, remove, or relocate t he trees to enable reasonable and conforming use of the pr operty or to ach ieve a superior project; a nd 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.
II. CONDITIONS OF APPROVAL
General Conditions:
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “D” (Preliminary and Precise Planned District Plans) and is subject to compliance with all conditions of approval set forth herein.
A-2. Minor Modifications to Approved Plans. Minor modifications to the approved plans may be made, subject to review and approval of the Planning Manager and/or City Engineer.
Minor modifications to building elevations and footprints that su pport a superior project design may be made, subject to review and approval of the Planning Manager and City Engineer. The Planning Manager and C ity Engineer shall retain the authority to determine the level of review required (i.e., depending on th e severity or location of the modification, the project may be referred to the Planning Commission or City Council for pu blic comment, review and approval).
A-3. Addressing. An application shall be submitted to the City’s GIS Division for approval of the addressing for the development prior to b uilding permit issuance . Building addresses shall be plainly legible and visible from the public street. These numbers shall contrast with their background.
A-4. Development Impact Fees. The project shall be subject to Citywide Development Impact Fees. Th ese fees include fees for fire protection serv ices, capital facilities, and traffic facilities. The fees shall be ca lculated at the rate in effect at the time of building permit issuance.
A-5. Affordable Housing Fees. The pro ject shall be subject to applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.15 6), as set by the fee resolution in effect at the time of building permit issuance.
A-6. Expiration. Approval of the project entitlements shall expire twenty -four (24) months after the date of approval in accordance with the provisions of the Fremont Municipal Code.
A-7. Standard Development Requirements . The project shal l be s ubject to the standard development requirements to address resource protection (FMC Section 18.218.050).
A-8. Industrial Perf ormance Standards . The project shall be subject to the performance standards applicable to development wit hin an industrial zoning district (FMC Section
18.50.040).
A-9. City Indemnification. The applicant shall defend, indem nify, and hold harmless the City or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the Ci ty, its boards, commissions, agents, officers, or employees t o attack, set aside, void, or annul, the appr oval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. The City shall have the right, in its discr etion, to appro ve separate legal counsel prov iding the City's defense. The applicant shall reimburse City for any attorneys' fees, costs and expenses directly and necessarily incurred by the Cit y in the course of such defense. Applicant agrees that City will forward mo nthly invoices to Applicant for attorneys' fees, costs and expen ses it has incurred related to its defense of any Action and applicant agrees to timely payment within thirty (30) d ays of receipt of the invoice. Within fourteen (14) days of an Action being filed, applicant agrees to po st adequate security or a cash dep osit with City in an amount to cover the City's estimated attorneys' fees, costs and expenses incurred by City in th e course of the defense in order to ensure timely payment of the City's invo ices. The amount of the secur ity o r cas h deposit shall be determined by the City. City shall cooperate with applicant in the defense of any Action. Nothing in this condition shal l prohibit the City from participating in a defense of any cl aim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
Planning Conditions:
B-1. Community Benefits Payment. The applicant sh all make a community benefits contribution to the City in the amount of $500,000.00, payable in a lump sum upon the issuance of the first building permit for the project.
B-2. Site Remediation . Prior to issuance of grading permits for site development, the California Regional Water Quality Control Board , the regulatory oversight agency for historical work compl eted at the site , shall approve previously performed site remediation work and an Updated Risk Management Plan. Residual industrial constituents in subsurface media shall be managed during development in accordance with the Updated Risk Management Plan and documented in a Const ruction Completion Report prepared at the completion of site development.
B-3. Building 2 Parking. The twenty-nine (29) parking st alls required for B uilding 2 occupancy located on Building 1 (three stalls) and Building 3 (26 stalls) parcels shall be signed and marked for exclusive Building 2 occupant use, subject to the satisfaction of the Planning Manager. Additionally, a restricti ve covenant for exc lusive Building 2 occupan t use of these off-site stalls shall be approved and recorded prior to issuance of a certificate of occupancy.
B-4. Final Colors and Materials Approval . The final colors and materi als p alette for the project shall be subject to review and approval to the satisfaction of the Pl anning Manager or designee, prior to issuance of a building permit.
B-5. Fences and Walls. Installation of chainlink fencing shall be prohibited exterior of proje ct buildings. Barbed wire or razor wire shall be prohibited on the site.
B-6. Site and Building Signage. Site and building signage shall be subj ect to approval of a Master Sign Program. In addition to signage for the individual buildings , monument gateway/entry signs shall be included in the proposed Master Sign Program.
B-7. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. The lighting plan should be d esigned to meet Illuminat ing Engineering Society of North America (IESNA) standards. All lighting shall be consistent with the arc hitectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid sub stantial light or glare that may have an impact on day or nigh ttime views in the area. All wall lighting fixtures or sconces shall be of high quality, d ecorative lighting fixtures with co ncealed lighting e lements. Sufficient security lighting shall be ins talled within commons areas, parking areas, and walkways, subject to the review and approval of Planning Manager or designee, prior to issuance of a building permit.
B-8. Screening of Rooftop Equipme nt. The developer shall submit building permit p lans that include rooftop screening elements for all HVAC and mechanical units and associated appurtenances. The type of screening material s selected for rooftop mechanical equipment shall demonstrate sufficient screening and achieve consistency with the architectural design of the buildings to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
B-9. Vibratory Rollers. The use of dual -drum rollers for compaction acti vities along the southeastern project boundary adjacent to the Building 2 pad shall be prohibited. Use of small vibratory rollers (also known as smooth -drum rollers) shall be used in this area exclusively to the satisfaction of the Planning Manager and Building Official.
B-10. Environmental Mitigation. The mitigation measures adopted in the Revised Mitigation and Mo nitoring Reporting Program (MMRP) (Exhibit “A”) shall be implemented at stated intervals stated in the MMRP. Mitigation measures to b e implemented during construction and post-construction shall be noted on all construction drawings. The following mitigation measures apply to the project:
Mitigation Measure 3.1.2: Reduce Vehicle Trips.
The following are feasible mitigation measures identified by the BAAQMD for commercial development:
• Provide transit facilities, e.g., bus bulbs/turnouts, benches, shelters, etc. • Provide bicycle land and/or paths, connected to community-wide network. • Provide sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community-wide network.
• Provide secure and conveniently located bicycle storage. • Provide preferential parking for electric or alternatively-fueled vehicles. • Implement feasible TDM measures including a ride -matching program, coordination with regional ridesharing organizations and provision of transit information.
Mitigation Measure 3.2.2: Pr eparation and Implement ation of an Emergency Action Plan.
The applicant shall be required to develop and implement an Emergency Action Plan to be activated at the project site in the event of an accidental release of hazardous substances at any facility n ear the project site. Such a plan may identify measures to be taken to enable those at the project site to “shelter in place” as necessary, and shall be approved by
the Fremont Fire Department prior to the issuance of any Certificate of Occupancy at the project site.
Mitigation Measure 3.2.3: Survey and Properly Handle Materials from Structures that May Contain Asbestos or Lead-Based Paint.
Prior to demolition or renovation of structures built before 19 78, a survey for the presence of asbestos-containing materials (ACM) shall be conducted by Asbestos Hazard Emergency Response Act (AHERA) -certified personnel, trained according to state and federal regulations. Structures shall also be surveyed for the pre sence of lead-based paint. If the results of the surv ey detect the presence of lead -based paint, construction shall be performed in accordance with the Lead in Construction Standard (8 Cal. Code of regulations Section 5132.1). ACM will be removed in accord ance with the requirements of Cal OSHA (8 Cal. Code o f regulations 5129) and the Bay Area Air Quality Management District (BAAQMD).
Landscape Conditions:
C-1. Enhanced Paving. Durable, decorative paving shall be provided at all on -site pedestrian crosswalks and in common and building entry areas to the s atisfaction of the Pla nning Manager or designee, prior to issuance of a building permit.
C-2. Backflow Devices and Other Above-Ground Utilities. Backflow devices and all other above-ground utilities located exterior of project buildings shall be screened with a continuous evergreen ( non-seasonal) hedge, minimum five-gallon size and three-foot minimum height or otherwise concealed from public view to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
C-3. Tree Planting Clearances. All tree planting areas shall be free of all utility structures and other built features, consistent with the spacing requirements defined in Landscape Standard Details (LSDs) 5 and 6.
Transportation Conditions:
D-1. Signage and Striping Plans. Approval of on- site and off-site signage and striping plans shall be required prior to the issuance of building permits. Signage and striping plans shall include a general note stating that “All signage and striping shall conform to the latest CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fre mont Standard Details.”
D-2. Albrae Street Traffic Signal. The developer shall install a traffic signal at the Albrae Street project driveway aligned with th e Walmart driveway (40580 Albrae Street). The intersection shall be designed such that it would only serve passenger vehicle traffic and thus not enable heavy tru ck ingress a nd egress to the satisfaction of the City Traffic Engineer.
D-3. Stevenson Boulevard Traffic Signal. The developer shall install a tra ffic signal at the Stevenson Boulevard / Encyclopedia Circle intersection. This intersection shall serve as the heavy truck access route to and from the project site.
D-4. Main Street. Main Street shall not serve as an access point for heavy trucks between Stevenson Boulevard and the project site. The applicant shall install a physi cal barrier within the Main Street drive aisle such that it allows for “right-in right-out” operations for passenger vehicles but prevents heavy truck circulation.
D-5. Sight Distance. Site development plans submitted for review and approval must satisfy adequate sight distances to the satisfaction of the Public Works Director or designee, prior to issuance of a building permit.
D-6. Bicycle Parking. The number of bicycle parking spaces shall conform to FMC 18.183.135 “Required Bicycle Parking,” per Fremont Munic ipal Code, or the latest California G reen Building Standards Code, whichever is more stringent. The location of bicycl e park ing facilities within the proj ect site, sp acing, and re quired ped estrian walkway clearances adjacent to the bicycle parking spaces are subject to review and approval by the Public Works Director or designee, prior to issuance of a building permit.
Engineering Conditions:
CONDITIONS TO BE SATISFIED PRIOR TO PARCEL MAP APPROVAL E-1. Construction Agreement. The public and private improvements conditioned as part of this entitlement requires the execution of an Improvement Agreement that guarantees the completion of the public and private street improvements to the satisfaction of the Director of Public Works. The Improvement Agreement shall be fully executed prior to recordation of the Parcel Map. This agreement includes engineere d plans prepared by the applicant’s consultant, reviewed and approved by the City, sur ety (Faithful Perf ormance, Labor and Material and Warranty) and insurance.
E-2. Expiration. Approval of this Vesting Tentative Parcel Map shall expire twenty-four (24) months after the date of approval in accordance with the provisions of t he State Subdivision Map Act and any amendments thereto and applicable provisions of Frem ont Municipal Code.
E-3. Dedication of Right -of-Way and Construction of Street Improvements. Developer shall dedicate the right -of-way an d construct ultimate public street improvements for Albrae Street and Encyclopedia Circle along the project frontages as shown on Exhibit “D”.
Improvements shall include but not limited to the following: curb and gutter, concrete sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree we ll planters, sewer and storm drainage facilities, joint trench facilities , s igning and s triping and accessible ramps.
E-4. Street Improvements:
a. Developer shall be responsible to remove and replace curb, gutt er, and sidewalk damaged during construction of the proposed project.
b. Developer shall remove and repl ace broken or uplifted cur b, gutter, and sidewalk along project frontage.
c. Improvement of the public streets to the satisfaction of the Director of Public Works shall include, but are not limited to, curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, joint trench facilities, signing and striping, and accessible ramps. d. Repair, overlay, or reconstruction of aspha lt pavement may be required. The existing pavement will be evaluated with t he street improvem ent plans and any necessary pavement restoration will be included as part of the approved street improvement plans. e. Developer shall be required to grind and overl ay Albrae Street and Encyclopedia Circle in accordance with the City of Frem ont “Street Cutting Pol icy – Multiple Cuts within One Block.”
f. Developer shall be requir ed to reconstruct the half of En cyclopedia Circle ri ght-of-way frontage adjacent to the project site, including curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, joint trench facilities, signing and striping, and accessible ramps.
E-5. Public Service Ea sement. Developer shall dedicate a 10-foot wide public service easement on Albrae Street and Encyclopedia Circle along the project frontage s to the satisfaction of the Director of Public Works. Project entry and monument signs, bioretention areas, and walls shall not be located within the easement.
E-6. ACFC & WCD Permit. The develop er shall apply for and obtain a n ACFC&WCD encroachment permit for all improvements within their right-of-way.
E-7. Grading and Geology:
a. Projects involving land disturbance of one acre or more are requi red to obtain coverage under the “Construction G eneral Per mit” (NPDES General Permit for Storm Water Discharges Associated wit h Construction and Land Disturbance Acti vities). The applicant must file a Notice of Intent (NOI) to the State Water Resources Co ntrol Board (SWRCB), prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), and obtain a Waste Discharge Identification number (WDID). A copy of the NOI must be submitted to the City’s Project Engineer prior to issuance of de velopment permits (including demolition, grading, and building permits).
b. The project plan set must include an Erosion and Se diment Control Plan (ESCP ) sheet showing the Best Management Practices (BMPs) to be i mplemented to minimize pollutant discharges related to constructi on activity. The ESCP must show the development site at the stage of maximum land disturba nce. A copy of the ESCP and/or SWPPP Pla n must be maintained on the project site at all times throug hout the demolition/grading/construction process; the ESCP and/or SWPPP must b e updated as necessary to show adequate BMPs appropriate for the current stage of the project.
c. The Project site is within the State of California Seismic Hazard Zone for Earthquake Induced Liquefaction. A geotechnical investigation report addr essing the potential hazard was submitted which was reviewed and approved by the City’s peer review consultant. The investigation is consistent with the guidelines pub lished by t he State of C alifornia (CGS Special Publication 117A). Plans shall be designed in conformance with the report.
E-8. Private Street Right-of-Way Abandonment. A street abandonment is necessary in order to implement the project . The street abandonment shall be approved prior to final Parcel Map approval or Building Permit issuance.
E-9. Easement Vacation. The vacation of the existing easements (Emergency Vehicle Access Easement (EVA) , Public Service/Utility Easement (PSE/PUE), Sidewalk easement, etc.) is required in order to implement t he project. Easement vacations can occur in conjunction with final Parcel Map approval.
E-10. Quitclaim of Privat e Easements. The d eveloper shall cause to quitclaim all existing private easements within the boundaries of the propos ed subdivision. A copy of the recorded quitclaims shall be provided to the Department of Public Works prior to final Parcel Map approval.
E-11. Storm. The Developer is required to submit a hydrology ma p and hydraulic calculations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15 -year recurre nce interval for prim ary facilities and 10 -year recurrenc e interval for secondary facilities in accordance with the Al ameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run -off from t he project site. Off-site construction of storm drainage facil ities to mit igate projected flows may be required.
E-12. Undergrounding. The developer shall complete the underground conversion of existing overhead utilities along the project frontages.
E-13. Demolition. The developer shall demolish existing structures that encroach on propos ed lot lines prior to the final Parcel Map approval.
E-14. Referrals. Prior to recordation of the Parcel Map, the developer shall refer the project to the following agencies for approva ls: A lameda Coun ty Water District (ACWD); Union Sanitation District (USD); a nd Alameda County Flood Control & Water Conservation District (ACFC&WCD).
Fire Safety Conditions:
F-1. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be required for the common Fire Departm ent access roadway s. A copy of the rec orded easement maybe requested by the Fire Department to the satisfaction of the Fire Marshall or designee, prior to issuance of a building permit.
F-2. Emergency Response Re quirements. The project will require a digi tal plan submission to the GIS Department. The digital plan submission will be used by the Fire Department to aid in emergency response. The information required in the digital plan submission is listed on the Cit y of Fremo nt, GIS website under Digital Sub mittal Standards and Requirements at the following link: http://www.fremont.gov/index.aspx?NID=657 It should be noted that the information required is specific to emergency response and may require the removal or addition of layers and coord ination betwee n design disciplines i.e. sprinkler design, fire underground design, fire alarm design , etc. This process contains detai led in formation which if left till t he end of the construction phase may cause in a delay of occupancy due that the information must be completed and approved prior to occupancy.
F-3. Fire Flow and Duration. Fire flow and duration shall not be less than required in Table B105.1 of the California Fire Co de unless the buil dings are equipped with a n approved automatic sprinkler sy stem. Fire flow and du ration calculations shall be included in the building permit applications for all project buildings.
Stormwater Conditions:
G-1. Stormwater Management Plan. The Project is req uired to implement post -construction measures to minimize stormwater pollutant d ischarges and inc reases i n peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the de veloper as part of the ten tative map approval is approved in concept only. Approval of a final Stormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to the provision of necessary plans, det ails, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regiona l Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit.
G-2. Bioretention Area Locations . The project shall revise bioretention area locations as needed so that they are not located/straddled onto multiple parcels. If relocating locations of treatment is unavoidable, the project shall e nter into multiple O&M agreements or a shared maintenance agreement to ensure that the treatment measures operate and are maintained in perpetuity.
G-3. Bubble-up Systems. The applicant shall continue to work with Env ironmental Services staff to reduce and o r remove bubble -up systems from the conceptual stormwater management plan. Alternatively, size modifications that would result in drainage within 72 hours, or control measures to alleviate p otential vector control issues (such as through a closed system), can be used.
G-4. Operations and Main tenance Agreement . A Stormwater Management Measures Operations and Maintenance Agreement (aka O&M Agreement) shall be submitted for review and approval as part of the project ’s initial building permit application package .
Building permits for project buildings shall be subject to O&M Agreement execution.
Building Safety:
H-1. Building Code. Project shall meet current build ing code (at the time of building permit application). At present time, applicable code requirements are the 2019 California Building Code; the 2022 California Building Code requi rements shall b e applicable to any application received after January 1, 2023.
H-2. Geotechnical Report. Prior to issuance of the first buildi ng permit, the project applicant shall su bmit a design -level geotechnical r eport to the City o f Fremont for review and approval. The design-level investigation shall be prepared in accordance with California Building Code Standards and Fremont Municipal C ode standards and include a complete liquefaction study. The recommendations of the approved design-level geotechnical report shall be incorporated into the project plans.
H-3. Trash Enclosures. Final trash enclosure designs shall include an accessible path of travel and pedestrian access door to the satisfaction of the Building Official.
H-4. Building Exits. Within each build ing, all requir ed exits shall be made accessible to the satisfaction of the Building Official.
Environmental Services – Waste Management:
I-1. Garbage an d Recycling Requirements. Garbage an d recycling re quirements a re explained in t he Fremont Waste Handling Guidelines document, available at:
www.fremont.gov/whg.
I-2. Collection Service. Weekly garbage, recycling and organics collection service s are required for all commercial and resi dential properties and are provided by Republic Services on an exclusive basis.
I-3. Collection. Applicant shall ensure adequate, accessible and convenient areas for collecting and loading of materials by garbage and recycling trucks are maintained.
END OF CONDITIONS
APPLICANT PLEASE NOTE:
The fees, dedications, reservations and/or other exactions imposed on this project are those listed in the foregoing conditions of approval. Any fee, de dication, r eservation or other exaction is deemed imposed o n the date of this approval. The applicant is hereby notif ied that the 90-day period in which the applicant may p rotest these fees, dedicatio ns, reservations and other exactions pursuant to Government Code Section 66020(a) begins on the date they are imposed. If the applicant fails to file a protest within this 90-day period complying with all the requirements of Government Code Section 66020, the applicant shall be legally barred from later challenging such actions.