Fremont City Council Meeting: 05/03/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4564) DOC ID: 4564
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 1 DOWNTOWN COMMUNITY PLAN AND ZONING TEXT AMENDMENTS - PLN2022- 00260 - Public Hearing (Published Notice) To Consider the Planning Commission's Recommendation to Adopt An Amendment To The Downtown Community Plan And A Zoning Text Amendment To Fremont Municipal Code Section 18.47 (Downtown District) To Allow Four Curb-Cuts On The Northwest Side Of Capitol Avenue Between State Street And Fremont Boulevard; And To Consider A Finding That No Further Environmental Review Is Required Because A Final Supplemental Environmental Impact Report (SCH#2010072001) Was Previously Certified For The Downtown Community Plan And The Associated Downtown District Zoning.
Contact Persons:
Name: Courtney Pal Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Planning Community Development
Phone: 510-494-4532 510-494-4438
E-Mail: [email protected] [email protected]
Note: A companion item regarding the quitclaim of remnant parcels on Capitol Avenue appears on tonight’s City Council agenda.
Executive Summary: The City is proposing an amendment to the Downtown Community Plan (DCP) and a Zoning Text Amendment to Fremont Municipal Code (FMC) Section 18.47 Downtown District to allow four curb-cuts on the northwest side of Capitol Avenue between State Street and Fremont Boulevard (collectively, the “proposed amendments”). Curb-cuts (or new driveways) are currently prohibited along this section of Capitol Avenue. The proposed amendments are being sought as part of a settlement agreement authorized by City Council with a downtown property owner, Sunhill Enterprises, LLC (“Sunhill”). Staff and the Planning Commission recommend that City Council approve the proposed amendments.
BACKGROUND: In October 2012, the City Council adopted the DCP, which sets forth a vision to create an urban mixed-use, sustainable, vibrant, pedestrian-oriented downtown.
The most significant street in downtown is its main street, Capitol Avenue. In 2014 and 2015, after the acquisition of a property formerly known as the Citibank parcel for public street purposes, the City extended Capitol Avenue between State Street and Fremont Boulevard. As part of this project, the City closed previous access points that adjacent property owner Sunhill claims to have historically used for ingress and egress to their property from the former Citibank parcel. Sunhill subsequently filed a lawsuit against the City related to the closure of these access points.
In January 2022, City Council authorized a settlement agreement to resolve this lawsuit.
The settlement agreement requires that the City allow Sunhill to open two access points along Capitol Avenue, one closer to Fremont Boulevard and the other closer to State Street.
The curb-cut closer to State Street would be allowed only temporarily, until redevelopment of the adjacent building. Because the DCP and Downtown zoning district currently prohibit Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 2 the construction of curb-cuts (or new driveways) along Capitol Avenue, the DCP and FMC Section 18.47 must be amended in order to facilitate the authorized settlement.
On March 24, 2022, the Planning Commission recommended by a unanimous vote of those present that City Council approve the amendments and found that the proposed disposition of the remnant parcels to Sunhill would be in conformance with the General Plan in accordance with California Government Code Section 65402(a). A companion item regarding the disposition of the remnant parcels to Sunhill is also before the City Council tonight.
PROPOSED AMENDMENTS: The proposed amendments to the DCP and zoning text [FMC Section 18.47] would allow two new curb-cuts in specified locations on the northwest side of Capitol Avenue between State Street and Fremont Boulevard. New curb-cuts would be limited to two access points that Sunhill would be allowed to install as part of the executed settlement agreement. The northernmost of these curb cuts would be re-opened only temporarily, until the redevelopment of the adjacent building along State Street. The amendments would also recognize two existing curb cuts on Sunhill’s property at the street intersections of Memorial Street and Declaration Street along Capitol Avenue that were installed by the City as part of the Capitol Avenue extension project to tie into existing intersections and serve as part of the planned circulation network for a future redevelopment of the Sunhill property. With the existing and new curb cuts, the amendments would specify that a total of four curb-cuts are allowed. New curb cuts would remain prohibited elsewhere on Capitol Avenue.
DISCUSSION/ANALYSIS: The General Plan outlines goals and policies of the Downtown Core Area of the City Center, which is intended to be a mixed-use, sustainable, pedestrian- oriented destination. The proposed amendments would be consistent with the following goal and policy contained in the Land Use and Mobility Elements of the General Plan:
Land Use Element Goal 2-1: City Form and Structure
A city transformed from an auto-oriented suburb into a distinctive community known for its walkable neighborhoods, dynamic city center, transit-oriented development at focused locations, attractive shopping and entertainment areas, thriving work places, and harmonious blending of the natural and built environments.
Mobility Element Policy 3-1.1: Complete Streets
Design major streets to balance the needs of automobiles with the needs of pedestrians, bicyclists, and transit users. Over time, all Fremont’s corridors should evolve into multi-modal streets that offer safe and attractive choices among different travel modes.
The proposed amendments would still maintain a good balance of automobile, pedestrian, and bicyclist traffic needs by limiting other curb-cuts along Capitol Avenue. The authorization of these curb-cuts would not require substantial modification to the existing improvements along Capitol Avenue, which provide safe and attractive infrastructure for bicyclists and pedestrians. The proposed amendments retain a pedestrian-oriented street design, while being able to meet the agreed-upon terms of the settlement agreement authorized by the City Council. The amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue.
Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 3 FINDINGS FOR APPROVAL: Notwithstanding the execution of the settlement agreement by the City, the City Council has discretion whether to approve the proposed amendments.
If the proposed amendments are not approved, the settlement agreement would automatically terminate, and Sunhill may seek final resolution of the lawsuit in court.
In accordance with FMC Chapter 18.225, amendments to Community Plans and the Zoning Ordinance must be considered for recommendation by the Planning Commission and subsequently approved by the City Council. To approve the amendments, the City Council must make the following findings listed in FMC Section 18.225.050:
1. 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
2. The proposed amendment furthers the public interest, convenience, and general welfare of the City.
The proposed amendments would be consistent with the Land Use and Mobility Elements of the General Plan as they are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue. The proposed amendments retain a pedestrian-oriented street design, while being able to meet the agreed-upon terms of the settlement agreement authorized by the City Council.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA), a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan. No further environmental review is required for the amendment to the DCP and corresponding zoning district standards, as there are no substantial changes to the project or its circumstances and there is no new information that would warrant additional environmental review as required by Public Resources Code Section 21166 and CEQA Guidelines section 15162.
ATTACHMENTS:
• Exhibit A - Draft Resolution Amending Downtown Community Plan • Exhibit B - Draft Ordinance Amending FMC 18.47 Downtown District
RECOMMENDATION:
1. Hold public hearing;
2. Find that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) because a Final Supplemental Environmental Impact Report (SCH#2010072001) was previously certified for the Downtown Community Plan and associated Downtown Zoning District;
3. Find that the proposed amendments are consistent with the General Plan and Downtown Community Plan and Design Guidelines and furthers the public interest, convenience and general welfare of the City, in that the amendments are minor and would not conflict with the objectives and goals of the DCP for multi-modal design along Capitol Avenue, and they would timely implement the terms of the City Council-approved settlement.
Staff Report (ID # 4564) Meeting of May 3, 2022
Updated: 4/28/2022 9:38 AM by Alberto Quintanilla Page 4
4. Adopt a resolution approving an amendment to the Downtown Community Plan and Design Guidelines, as shown in Exhibit “A”; and
5. Introduce an ordinance approving an amendment to FMC Section 18.47 Downtown District, as shown in Exhibit “B”.