Agenda packet, regular meeting — Fremont City Council, January 10, 2023 (part 1 of 2)

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Keng, Vice Mayor
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council Agenda and
Report
January 10, 2023

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

IMPORTANT NOTICE REGARDING THE CITY

COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may view the meeting on television and/or online or
attend in-person in the Council Chamber. The
Chambers have been arranged to encourage social
distancing between attendees and the public is
strongly encouraged but not required to wear
masks.

Submission of Public Comments: For those wishing
to make public comments at the January 10, 2023
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - January 10, 2023

January 10, 2023 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 860 1801 9080. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/86018019080
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

Your interest in the conduct of our City’s business is appreciated.

January 10, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 10, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING, CHAPTER 18.155 AFFORDABLE HOUSING, ADDING SECTION

18.155.095 LIVE/WORK LOCAL PREFERENCE AND MAKING FINDINGS OF CEQA EXEMPTION (CEQA GUIDELINES SECTIONS 15162, 15183, AND 15061(B)(3))
RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 18 Planning and Zoning, Chapter 18.155 Affordable Housing, Adding Section 18.155.095 Live/Work Local Preference and Making Findings of CEQA Exemption (CEQA Guidelines Sections 15162, 15183, AND 15061(B)(3)).

January 10, 2023 Fremont City Council Page 4
D. AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on February 7, 2023.

E. CITY INFRASTRUCTURE UPGRADE AND BACKUP SOLUTION SUPPORT AGREEMENTS - Authorize the City Manager, or Designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 for the purchase of an additional server and storage system and execute a service agreement with Eplus Technology Inc for the Annual Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $401,242.40
Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that the purchase of computer hardware and software maintenance is not a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(3) as the proposed action will clearly not have a significant effect on the environment and, thus, CEQA does not apply.

2. Authorize the City Manager, or designee, to execute a service agreement with Eplus Technology, Inc. in the amount of $401,242.40 (including applicable sales tax and shipping charges) for three years of support for the Rubrik Enterprise Backup and Recovery Solution.

3. Authorize the City Manager, or designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 (including applicable sales tax and shipping charges) for the Dell Technologies VxRail Hyperconverged Infrastructure augmentation and to execute any implementing documents and take any implementing actions as necessary.

January 10, 2023 Fremont City Council Page 5
F. VACATION OF EASEMENT AT 44408 PACIFIC COMMONS BOULEVARD - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard in Bayside Industrial Community Plan Area (PLN2022-00397) and Make Finding of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard.

G. ON-CALL ARCHITECTURAL DESIGN SERVICES - Approval of Agreements for On-Call Architectural Design Consulting Services with Interactive Resources, Inc., Joseph Chow & Associates, Inc., Aetypic, Inc., FOG Studio, and Shultz and Associates, Inc.

Contact Persons:

Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Make findings of CEQA exemptions, and approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. Interactive Resources, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

2. Joseph Chow & Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

3. FOG Studio for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

4. Aetypic, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

5. Shultz and Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

January 10, 2023 Fremont City Council Page 6
H. I-880 INNOVATION BRIDGE AND TRAIL PROJECT - Approval of Amendment to the Professional Services Agreement with T.Y. Lin International, to Increase Funding by $1,100,000 for a Total Agreement Amount Not to Exceed $5,720,000.00, for Final Design Services Related to the I-880 Innovation Bridge and Trail Project (PWC8907).

Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute an Amendment to the Professional Services Agreement with T.Y. Lin International, to increase funding by $1,100,000 for a total agreement amount not to exceed $5,720,000.00, for final design services related to the I-880 Innovation Bridge and Trail Project (PWC8907).

I. HAZARDOUS MATERIALS RESPONSE SERVICES - Amend Agreement with Environmental Logistics Inc. for Services to Respond to Hazardous Materials Emergencies to Increase the Annual Compensation Amount to $216,000 for the Final Year of the Contract.

Contact Persons:

Name: Brian Wright Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5715 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Make findings of CEQA exemption, and authorize the City Manager or designee to execute an amendment to the Hazardous Materials Response Agreement with Environmental Logistics Inc. to increase compensation by $60,000, to an amount not to exceed $216,000 for the last year of the contract.

3. Ceremonial Items
A. Proclamation: Afro American Cultural & Historical Society - 46th Commemoration of Dr. Martin Luther King, Jr.

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
January 10, 2023 Fremont City Council Page 7

5. Scheduled Items
A. 2023-2031 HOUSING ELEMENT UPDATE - Citywide - PLN2022-00335 - Public Hearing (Published Notice; Display Ad) To consider the Planning Commission's Recommendation for a General Plan Amendment to Adopt the 2023-2031 Housing Element, an Eight-Year Plan to Meet the Housing Needs of Everyone in the Community, and to Consider a Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA), Per, Without Limitation, Each as a Separate and Independent Basis, CEQA Guidelines Section 15183, in that the Proposed Housing Element Update is Consistent with the Density Established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was Previously Prepared and Certified, and CEQA Guidelines Section 15061(b)(3), in that it Can be Seen with Certainty that There is No Possibility that the Proposed Housing Element Update would have the Potential for Causing a Significant Effect on the Environment. Additionally, Many Programs in the Housing Element Qualify as Being Statutorily or Categorically Exempt from CEQA Review Pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures).

Contact Persons:

Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing;

2. Find that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15183 and/or 15162 in that the proposed Housing Element update is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and none of the circumstances necessitating further environmental review are present; and/or CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed Housing Element update would have the potential for causing a significant effect on the environment, and additionally, many programs in the Housing Element qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures);

3. Find that the 2023-2031 Housing Element is consistent with the General Plan;

4. Find that the adoption of the 2023-2031 Housing Element furthers the public interest, convenience, and general welfare of the city;

5. Adopt a resolution amending the General Plan to adopt the 2023-2031 Housing Element (Exhibit “A”); and

6. Direct staff to apply for available grant funding to support implementation of Housing Element programs.

January 10, 2023 Fremont City Council Page 8

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. MAYOR MEI REFERRAL: REFERRAL FOR FLAG RAISING
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
January 10, 2023 Fremont City Council Page 9

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

January 10, 2023 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 January 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live
January 24, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
January 31, 2023 No 7PM City Council Meeting
(5th Tuesday)
Monday, February 6,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
February 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
February 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
March 7, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 14, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 21, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
March 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 4, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
April 25, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
Monday, May 1,
2023 5:30 p.m. CC/FUSD Joint Meeting Council
Chambers Live
May 2, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 9, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 16, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 23, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live

Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4787) DOC ID: 4787
Updated: 1/5/2023 12:18 PM by Alberto Quintanilla Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING, CHAPTER 18.155 AFFORDABLE HOUSING, ADDING SECTION

18.155.095 LIVE/WORK LOCAL PREFERENCE AND MAKING FINDINGS OF CEQA EXEMPTION (CEQA GUIDELINES SECTIONS 15162, 15183, AND 15061(B)(3)) Contact Persons:

Name: Susan Gauthier Lucia Hughes
Title: City Clerk Housing Manager
Div/Dept: City Clerk's Office Community Development
Phone: 510-284-4076 510-494-4506
E-Mail: [email protected] [email protected]

Executive Summary: The City’s longstanding practice is to require that affordable housing projects receiving City funding and/or developed pursuant to the City’s Affordable Housing Ordinance (Fremont Municipal Code (FMC) Chapter 18.155) provide a local live/work priority preference to applicants for units. This practice is based on City Council direction to ensure that affordable developments serve those living and/or working in Fremont to the maximum extent allowed by law. To-date, staff has included the live/work requirement in announcements of the availability of City funding for affordable housing. In order to strengthen the requirement and to ensure that it is transparent to all stakeholders, staff recommends that the requirement be integrated into the Affordable Housing Ordinance and apply to any projects subject to an Affordable Housing Agreement with the City. The Planning Commission voted unanimously on November 17, 2022 to recommend that Council adopt the proposed Zoning Text Amendment.

The purpose of the local live/work preference policy for affordable housing units is to remedy or mitigate the displacement and gentrification impacts that may result from development activities and increasing job opportunities in the City. The local resident preference is designed to increase the probability that current residents can remain in the community in the face of increasing market rate rents and housing prices and loss of affordable units due to the expiration of covenants restricting rents. The local worker preference for affordable housing units is to maximize the effect of an improved jobs to housing ratio by increasing local housing opportunities for local employees.

The ordinance was introduced by the City Council at its December 10, 2022 meeting. The ordinance is now before the Council for adoption.

RECOMMENDATION: Waive second reading and adopt ordinance amending Fremont Municipal Code Title 18 Planning and Zoning, Chapter 18.155 Affordable Housing, Adding Section 18.155.095 Live/Work Local Preference and Making Findings of CEQA Exemption (CEQA Guidelines Sections 15162, 15183, AND 15061(B)(3)).

2.C
Packet Pg. 11
Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4708) DOC ID: 4708
Updated: 12/22/2022 9:26 AM by Susan Gauthier Page 1
AB 361 - Consider Making Findings to Allow the City Council and the Legislative Bodies of the City of Fremont to Continue Holding Meetings via Videoconference pursuant to AB 361
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: In order for the City Council and the City’s legislative bodies to continue holding meetings by teleconferencing pursuant to Government Code Section 54953(e) (AB 361), the City Council needs to reconsider the circumstances of the state of emergency created by the COVID-19 pandemic every 30 days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND: On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 builds upon Executive Order N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.

DISCUSSION/ANALYSIS: The City Council and the City’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City to continue to hold meetings pursuant to AB 361. Specifically, the Governor’s declared State of Emergency in response to the COVID-19 pandemic (the “Emergency”) is still in place. In addition, the City of Fremont COVID-19 Employee Resource Guide requires physical distancing for City employees, customers and visitors, to the extent possible. And finally, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily

2.D
Packet Pg. 12
Council Staff Report (ID # 4708) Meeting of January 10, 2023 Updated: 12/22/2022 9:26 AM by Susan Gauthier Page 2
indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. Therefore, due to the ongoing COVID 19 pandemic, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, the Emergency impacts the ability of the City Council and the legislative bodies of the City to meet safely in person.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: N/A

ATTACHMENTS: None.

RECOMMENDATION: Staff recommends that the City Council make the following findings in order to continue holding videoconference meetings for the City Council and the City’s legislative bodies:

1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency;

2. The state of emergency continues to directly impact the ability of the members to meet safely in person; and

3. Staff is directed to schedule reconsideration of these findings at the regularly scheduled City Council meeting on February 7, 2023.

2.D
Packet Pg. 13
Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4761) DOC ID: 4761
Updated: 1/5/2023 4:49 PM by Alberto Quintanilla Page 1

CITY INFRASTRUCTURE UPGRADE AND BACKUP SOLUTION SUPPORT AGREEMENTS - Authorize the City Manager, or Designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 for the purchase of an additional server and storage system and execute a service agreement with Eplus Technology Inc for the Annual Hardware and Software Support and Maintenance of the Rubrik Enterprise Backup Solution in the amount of $401,242.40 Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services Information Technology Services Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The Information Technology Services Department uses a server virtual environment to run the City’s mission critical business applications. The technology is based on Dell’s VxRAIL Hyperconverged Infrastructure and has been deployed since 2020.

Over the past few years, storage and compute demands have increased. Today, the City has a need to upgrade its virtual server infrastructure, which includes servers, storage and backup/recovery systems. Current systems capacity is nearly exhausted. The additional Dell Technologies VxRAIL Solution augmentation is available under the Minnesota NASPO ValuePoint Cooperative Purchasing Master Agreement contract, which the City participates in. The total amount of the VxRAIL Solution augmentation, which includes software, implementation services, and three years of support is $134,638.02, including applicable sales tax and shipping charges.

In 2020, the City implemented the Rubrik Enterprise Backup Solution to manage backups and recoveries of our VxRAIL storage to the cloud. The current Software and Maintenance Support Agreement will expire in January 2023. Renewing the Software and Maintenance Support Agreement will provide the City with services for assistance with technical problems and hardware/ software fixes and upgrades. The Rubrik Enterprise Backup Solution Annual Software Support and Maintenance is available under the NASPO ValuePoint AR2472 Cooperative Purchasing Master Agreement contract, which the City participates in. The total amount for three years of Hardware and Software Support and Maintenance is $401,242.40.

BACKGROUND: In FY 2019/20, Information Technology Services (ITS) replaced the City’s VMware server environment, storage, and backup systems to ensure business continuity and data recovery. It is vital to have our mission critical applications and data (email, Financials, Public Safety systems, Public Works systems, GIS, Permitting, etc.) available to support City operations. The City has used Dell’s EMC VxRAIL Hyperconverged Infrastructure since 2020. With growth in City operational needs over the years, an augmentation to the Dell EMC VxRAIL Hyperconverged Infrastructure is necessary. This augmentation will ensure that the City can ensure business continuity and provide services to its constituents.

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Council Staff Report (ID # 4761) Meeting of January 10, 2023 Updated: 1/5/2023 4:49 PM by Alberto Quintanilla Page 2 Since 2020, the Rubrik Enterprise Backup Solution supports the City’s effort for disaster recovery, archive, protection, and cybersecurity. Renewing the Software and Maintenance Support Agreement will ensure that the City can continue to protect and recover critical data in the event of a catastrophe or cybersecurity breach.

DISCUSSION/ANALYSIS: The ITS Department is responsible for providing a server infrastructure that departments use to access software applications and systems to conduct City business and for communication purposes. The Dell EMC VxRail Hyperconve rged solution that the City currently uses is a turnkey infrastructure appliance with full VMware integration. As storage and compute demands have increased, the ITS Department recommends upgrading the Dell EMC VxRail Hyperconverged infrastructure, which i ncludes servers, storage, and backup/recovery systems.

The Rubrik Enterprise Backup and Recovery Solution that the City implemented provides backup and recovery capabilities that are aligned with ITS’ Cybersecurity Backup and Recovery Control requirements as defined by the National Institute of Standards and Technology (NIST). Rubrik’s enterprise backup solution addresses malware and ransomware by building capabilities into the platform for recovering from single files to entire servers. The Rubrik user-interface is easy to use and manage. The City leverages the solution’s Cloud Computing capabilities for disaster recovery, archive and protection. For example, Disaster Recovery features allow the Rubrik appliance to run a limited number of City applications on the appliance itself as well as exporting applications to the cloud to run applications off site. The ITS Department recommends renewing the Hardware and Software Support and Maintenance for Rubrik Enterprise Backup and Recovery Solution, allowing t he City to continue to protect and recover critical data in the event of a catastrophe or cybersecurity breach.

FISCAL IMPACT: The cost of the Rubrik Enterprise Backup and Recovery Solution Software Support and Maintenance agreement is $401,242.40 for a three year period. Funds for annual software support and maintenance were appropriated as part of the FY 2022/23 adopted operating budget in the Information Technology Services Operating Fund (Fund 620).

The one-time purchase of the Dell EMC VxRAIL Solution is $134,638.02, including applicable sales tax and shipping charges. There are sufficient funds appropriated for the hardware, software, implementation services, and three-year support costs in the Information Technology Services Capital Replacement Fund (Fund 625).

ENVIRONMENTAL REVIEW: The proposed action is not a project under the California Environmental Quality Act (CEQA) as defined in CEQA Guidelines Section 15378(b)(3 ) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The purchase of computer hardware and software maintenance services will clearly not have a significant effect on the environment and is not a project under CEQA.

ATTACHMENTS: None.

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Council Staff Report (ID # 4761) Meeting of January 10, 2023 Updated: 1/5/2023 4:49 PM by Alberto Quintanilla Page 3

RECOMMENDATIONS:

3. Authorize the City Manager, or designee, to issue a purchase order to Dell Technologies in the amount of $134,638.02 (including applicable sales tax and shipping charges) for the Dell Technologies VxRail Hyperconverged Infrastructure augmentation an d to execute any implementing documents and take any implementing actions as necessary.

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Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4773) DOC ID: 4773
Updated: 1/5/2023 12:17 PM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 44408 PACIFIC COMMONS BOULEVARD - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard in Bayside Industrial Community Plan Area (PLN2022-00397) and Make Finding of CEQA Exemption.

Contact Persons:

Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate vacating a portion of the Emergency Vehicle Access Easement (EVAE) at 44408 Pacific Commons Boulevard to support the construction of exterior equipment improvements for Bloom Energy located in the Bayside Industrial Community Plan Area.

BACKGROUND: Pacific Commons Owner, LP, a Delaware limited partnership is the owner of the 163,018-square-foot shell building located at Pacific Commons South. The tenant, Bloom Energy has applied for the vacation of a portion of an EVAE on the property. The EVAE proposed for vacation was originally dedicated to the City of Fremont on Tract Map 8348, recorded on July 30, 2018, and encumbers the entire parcel except for the existing building footprint (see Exhibit A and B to the Resolution).

On February 3, 2022, the City of Fremont issued a Building permit to allow the construction of interior improvements and exterior improvements including a rear equipment yard and canopy structure. To fulfill the condition of approval prior to Building Occupancy, the developer has applied for vacation of a portion of the EVAE that is no longer needed.

DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8333 (c) allows for the summary vacation of an emergency vehicle access easement when “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff has determined that the EVAE has been superseded by relocation, constitutes excess land, and is no longer needed by the City. Furthermore, there are no public facilities located within the easement.

Notification to Utility Companies: This is not applicable for subject easement vacation, as there are no utility facilities located within the easement.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation is categorically exempt from review under the California Environmental Quality Act as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).

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Council Staff Report (ID # 4773) Meeting of January 10, 2023 Updated: 1/5/2023 12:17 PM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A and B – Emergency Vehicle Access Easement Vacation • Draft Resolution Vacation of Easement at 44408 Pacific Commons Blvd

RECOMMENDATION: Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard.

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Attachment: Exhibit A and B – Emergency Vehicle Access Easement Vacation (4773 : VACATION OF EASEMENT AT 44408 PACIFIC COMMONS

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Attachment: Exhibit A and B – Emergency Vehicle Access Easement Vacation (4773 : VACATION OF

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Attachment: Exhibit A and B – Emergency Vehicle Access Easement Vacation (4773 : VACATION OF

Resolution 2023-XX Page 1 of 2

DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

SUMMARILY VACATING A PORTION OF THE EMERGENCY VEHICLE
ACCESS E ASEMENT A T 44408 PACIFIC COMMONS BOULEVARD IN BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA (PLN2022-00397) AND

MAKING A FINDING OF CEQA EXEMPTION

WHEREAS, the Applicant/Developer of the property located at 44408 Pacific Commons Boulevard is requesting approval of a summary vacation of a portion of the emergency vehicle access easement described and depicted in Exhibits A and B, attached and incorporated herein by this reference; and

WHEREAS, pursuant to California Streets and Highways Code Section 8333(c), the legislative body of a local agency may summarily vacate an emergency vehicle access easement when it is superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

Section 1. The City Council approves the summary vacation of a portion of the emergency vehicle access easement described and depicted in Exhibits A and B, which is hereby vacated in accordance with Public Streets, Highways and Service Easements Vacation Law, Chapter 4, Part 3, Division 9 of the California Streets and Highways Code (Section 8300 et seq.), based upon the following findings and conditions:

A. Based on the information contained in the council report and presented by staff, that the portion of the emergency vehicle access easement being vacated is no longer needed, has been superseded by relocation, constitutes excess land, and there are no other public facilities located within the easement; and

B. The vacation shall conform to Exhibits A and B (Legal Description and Plat for Emergency Vehicle Access Easement Vacation).

Section 2. The City Council finds that the vacation of the easement is exempt from environmental review under CEQA Guidelines, Section 15305.

Section 3. The City Clerk is directed to cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.

ADOPTED , 2023, by the City Council of the City of Fremont by the following vote:

AYES: Click here to enter text.

NOES: Click here to enter text.

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Attachment: Draft Resolution Vacation of Easement at 44408 Pacific Commons Blvd (4773 : VACATION OF EASEMENT AT 44408 PACIFIC

Resolution 2023-XX Page 2 of 2

ABSENT: Click here to enter text.

ABSTAIN: Click here to enter text.

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution Vacation of Easement at 44408 Pacific Commons Blvd (4773 : VACATION OF EASEMENT AT 44408 PACIFIC Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4774) DOC ID: 4774
Updated: 1/4/2023 4:55 PM by Alberto Quintanilla Page 1 ON-CALL ARCHITECTURAL DESIGN SERVICES - Approval of Agreements for On- Call Architectural Design Consulting Services with Interactive Resources, Inc., Joseph Chow & Associates, Inc., Aetypic, Inc., FOG Studio, and Shultz and Associates, Inc.

Contact Persons:

Name: Jimmy Chen Hans Larsen
Title: Facilities Manager Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4715 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the retention of architectural design consulting services as needed to support the implementation of projects included in the City Capital Improvement Program (CIP).

BACKGROUND: On-call consultant service agreements are used in instances where City staff does not have necessary expertise and/or to supplement City staff during periods of peak work demand. The work performed under these agreements will support approved CIP projects by providing architectural design and development of plans and specifications for current and future work required for City facilities, parks and other capital projects, on an as-needed basis.

DISCUSSION/ANALYSIS: In September 2022, the City solicited proposals for On-Call Architectural Design Consulting Services. The selected consultants will work under a five- year Master Service Agreement. Staff recommends retention of the five selected consultant firms in order to account for variations in consultant availability to perform in a timely manner and/or to align unique work tasks with the expertise of the firm.

Fifteen proposals were received from the following firms, listed alphabetically: AC Martin, Inc., Advance Design Consultants, Aetypic, Inc., Bureau Veritas North America, Inc., Crosby Group, FOG Studio, Joseph Chow & Associates, Inc., Innoarc, Interactive Resources, Inc., LCA Architects, Shultz and Associates, Inc., SVA Architects, The Kohan Group, Inc., The KPA Group, and Tozcano.

An evaluation panel, comprised of City staff, evaluated all the proposals based on the completeness of the proposal, understanding of project scope, overall experience to perform the required services, previous and current work with public entities, evaluation of assigned personnel and their experience, billing rates, and evaluation of their overall approach.

Based on the results of the evaluation process, staff recommends approval of five separate master agreements for on-call architectural design consulting services with 1) Interactive Resources, Inc., 2) Joseph Chow & Associates, Inc., and 3) FOG Studio, 4) Aetypic, Inc., and 5) Shultz and Associates, Inc. for the not-to-exceed amount of $1,250,000 per agreement, over a period of five years.

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Council Staff Report (ID # 4774) Meeting of January 10, 2023 Updated: 1/4/2023 4:55 PM by Alberto Quintanilla Page 2 FISCAL IMPACT: All task orders and work performed by the consultants under the on-call Master Service Agreement will be restricted to the funds appropriated and available for the specific approved project for which the work is required.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of these on-call agreements is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) , as it can be seen with certainty that there is no possibility that award of an on-call contract will have a significant effect on the environment, and the award of a contract is an administrative or fiscal activity of the City, which has no possibility directly or indirectly to cause a significant adverse effect on the physical environment. Each of the foregoing provides a separate and independent basis for exemption. Appropriate environmental review will be conducted as part of the project environmental clearance process.

ATTACHMENTS: None.

RECOMMENDATION: Make findings of CEQA exemptions, and approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. Interactive Resources, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

2. Joseph Chow & Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

3. FOG Studio for on-call architectural design consulting services for a total not-to- exceed compensation of $1,250,000 for five years.

4. Aetypic, Inc. for on-call architectural design consulting services for a total not-to- exceed compensation of $1,250,000 for five years.

5. Shultz and Associates, Inc. for on-call architectural design consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

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Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4775) DOC ID: 4775
Updated: 1/4/2023 5:00 PM by Alberto Quintanilla Page 1 I-880 INNOVATION BRIDGE AND TRAIL PROJECT - Approval of Amendment to the Professional Services Agreement with T.Y. Lin International, to Increase Funding by $1,100,000 for a Total Agreement Amount Not to Exceed $5,720,000.00, for Final Design Services Related to the I-880 Innovation Bridge and Trail Project (PWC8907).

Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the completion of services required for final design of the I-880 Innovation Bridge and Trail Project. Environmental Clearance for the project was approved by the City Council on December 6, 2022.

BACKGROUND: The Professional Services agreement for environmental clearance, preliminary engineering, and final design of the I-880 Innovation Bridge and Trail Project was awarded to T.Y. Lin International on September 18, 2018. Preliminary Engineering has been completed. Environmental clearance is nearly complete with the Initial Study/Mitigated Negative Declaration for the project adopted by the City Council on December 6, 2022, and the Federal environmental clearance is scheduled for completion in early 2023. The final design of the project is currently anticipated to be complete in Spring 2024. Attached is a fact sheet further describing the project scope and status.

DISCUSSION/ANALYSIS: The project proposes to construct a cable-stay bicycle/pedestrian bridge overcrossing at Interstate 880, connecting the Warm Springs BART station and Innovation District to Bayside, Fremont largest employment area .

Accordingly, the project is required to adhere to Caltrans guidelines and policies. Caltrans has categorized the I-880/Innovation Bridge as a complex structure, resulting in various requirements being added to the design effort, including a Structural Peer Review Panel, a Constructability Peer Review Panel, and a Value Analysis (VA) Report. These requirements created the need for additional services from T.Y. Lin. Most significantly, the VA Report identified various proposals that, if implemented, would potentially result in approximately 10% reduction in construction costs (approximately $5 million). These proposals, however, result in significant re-design efforts being required prior to the completion of the 65% Plans, Specifications, and Estimate (PS&E) package by T.Y. Lin.

In addition, Caltrans updated their policies regarding Structural Independent Design Check (IDC) for complex projects, and T.Y. Lin is now able to perform this task instead of a third party. As such, for efficiency, the City prefers that T.Y. Lin perform the IDC. This amendment will enable T.Y. Lin to complete the final design services for the project and the IDC.

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Council Staff Report (ID # 4775) Meeting of January 10, 2023 Updated: 1/4/2023 5:00 PM by Alberto Quintanilla Page 2 FISCAL IMPACT: Funding to complete final design services for the I-880 Innovation Bridge and Trail this project is currently budgeted into PWC8907, consisting of $5.454 million from Alameda CTC Measure BB sales tax funds, $100,000 of SB1 funds, and $1.558 million from Transportation Impact Fees. There are sufficient funds to execute this amendment.

ENVIRONMENTAL REVIEW: On December 6, 2022, the City Council approved and adopted a mitigated negative declaration and mitigation monitoring and reporting plan for this project. The re-design efforts do not result in new information that would require preparation of additional environmental documentation.

ATTACHMENTS:
• Project Fact Sheet

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Attachment: Project Fact Sheet (4775 : I-880 INNOVATION BRIDGE AND TRAIL PROJECT)

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Attachment: Project Fact Sheet (4775 : I-880 INNOVATION BRIDGE AND TRAIL PROJECT) Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4784) DOC ID: 4784
Updated: 1/4/2023 5:02 PM by Alberto Quintanilla Page 1 HAZARDOUS MATERIALS RESPONSE SERVICES - Amend Agreement with Environmental Logistics Inc. for Services to Respond to Hazardous Materials Emergencies to Increase the Annual Compensation Amount to $216,000 for the Final Year of the Contract.

Contact Persons:

Name: Brian Wright Hans Larsen
Title: Management Analyst II Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-979-5715 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the continuation of timely response to hazardous materials emergencies.

BACKGROUND: In 2018, the City entered into a five-year on-call contract in an amount not to exceed $95,000 annually with Environmental Logistics Inc. to provide emer gency response to hazardous material emergencies and scheduled waste removal. Due to service demand increases, the annual contract budget was increased to $130,000 in 2021, and to $156,000 in November 2022.

DISCUSSION/ANALYSIS: Incidences of unscheduled and emergency responses increased during Fiscal Year (FY) 2022/23 and are expected to exceed the current contract amount of $156,000 per year. Emergency responses have increased due to assistance required by the Police Department with homeless encampment cleanup, multiple drug lab cleanups, and an unanticipated emergency generator response at City Hall. Hazardous materials responses are trending upward, and staff recommends an increase of $60,000 for a total not-to- exceed amount of $216,000. Accordingly, an amendment to the agreement with Environmental Logistics Inc. is recommended to fund the increase in service levels through FY 2022/23, the last remaining year on the contract.

FISCAL IMPACT: Sufficient funding for the additional hazardous materials emergency response is available in the Maintenance Division’s General Fund Operating Budget.

ENVIRONMENTAL REVIEW: The recommended action is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15301(b) Existing Facilities, as the scope of work involves cleaning of existing public sewerage and stormwater facilities; (2) CEQA Guidelines Section 15308 Actions by Regulatory Agencies for Protection of the Environment, as the proposed agreement would assure the maintenance, restoration, or protection of the environment and the regulatory process involves procedures for protection of the environment; (3) CEQA Guidelines Section 15330 Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances, as the proposed agreement would authorize minor cleanup actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance; and (4) CEQA Guidelines Section 15378(b)(2),(4) and/or

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Council Staff Report (ID # 4784) Meeting of January 10, 2023 Updated: 1/4/2023 5:02 PM by Alberto Quintanilla Page 2 (5), and or 15061(b)(3), as an administrative or fiscal activity of the City, which has no possibility directly or indirectly to cause a significant adverse effect on the physical environment.

ATTACHMENTS: None.

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Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4779) DOC ID: 4779
Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 1 2023-2031 HOUSING ELEMENT UPDATE - Citywide - PLN2022-00335 - Public Hearing (Published Notice; Display Ad) To consider the Planning Commission's Recommendation for a General Plan Amendment to Adopt the 2023-2031 Housing Element, an Eight-Year Plan to Meet the Housing Needs of Everyone in the Community, and to Consider a Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA), Per, Without Limitation, Each as a Separate and Independent Basis, CEQA Guidelines Section 15183, in that the Proposed Housing Element Update is Consistent with the Density Established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was Previously Prepared and Certified, and CEQA Guidelines Section 15061(b)(3), in that it Can be Seen with Certainty that There is No Possibility that the Proposed Housing Element Update would have the Potential for Causing a Significant Effect on the Environment. Additionally, Many Programs in the Housing Element Qualify as Being Statutorily or Categorically Exempt from CEQA Review Pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures).

Contact Persons:

Name: Wayland Li Joel Pullen
Title: Principal Planner Planning Manager
Div/Dept: Planning
Phone: 510-494-4453 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: Under State law, all local governments in California are required to adequately plan to meet the housing needs of everyone in the community by adopting a Housing Element as part of their General Plan. State law also requires that local governments update their Housing Element every eight years to periodically address the changing housing needs of their communities, establish an action plan, and report on progress toward meeting their goals. All local jurisdictions in the Bay Area, including the City of Fremont, are currently updating their Housing Elements for the upcoming 2023 -2031 planning period.

The attached draft 2023-2031 Housing Element was shaped by over a year of community and stakeholder input and engagement and has been revised in response to comments from the California Department of Housing and Community Development (HCD) to comply with State Housing Element law. On December 22, 2022, the Planning Commission held a public hearing and unanimously recommended that City Council adopt the 2023-2031 Housing Element. Staff is recommending that the City Council find that the draft 2023-2031 Housing Element is consistent with the City’s General Plan, furthers the public interest, convenience and general welfare of the City, and conforms with State Housing Element law, and adopt of

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Council Staff Report (ID # 4779) Meeting of January 10, 2023 Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 2 the draft 2023-2031 Housing Element.

BACKGROUND:

Update Process:

The preparation of a Housing Element is driven by specific statutory requirements under State law. Pursuant to California Government Code Sections 65580-65589.8, all local jurisdictions in California are required to update the Housing Element of their General Plans every eight years. For Bay Area jurisdictions, Housing Elements must be adopted by the start of the 2023-2031 planning period in January 2023. An adopted Housing Element must then be submitted to HCD to certify that the document meets all requirements under state law.

Fremont’s Housing Element update process has been a multi-year planning effort that began with participation in the development of the San Francisco Bay Area’s Regional Housing Needs Allocation (RHNA) methodology in 2019 and 2020, and was followed by extensive data collection, analysis and public engagement (described in further detail in the following section of this report).

In July 2022, staff released a draft Housing Element for public review and input consistent with Assembly Bill (AB) 215 (2021), which requires local governments to make the first draft available for public comment for at least 30 days and take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD.

In August 2022, following the public review period, staff responded to comments and submitted a draft to HCD for review.

In October 2022, HCD provided the City with preliminary questions and comments regarding the draft Housing Element, and based upon those questions and comments, staff revised and republished the draft Housing Element with additional analysis and data.

In November 2022, HCD completed its review of Fremont’s draft Housing Element, and provided a comment letter (Informational Item 1) which indicated that the draft Housing Element met most statutory requirements of State Housing Element law, and identified a few revisions that would need to be made to bring the document into full compliance.

In December 2022, staff revised the draft in response to HCD’s comments and submitted this updated draft to the Planning Commission for consideration. On December 22, 2022, the Planning Commission recommended City Council adoption of the draft Housing Element.

After City Council adoption, the Housing Element would be submitted to HCD for certification. See additional information about the Planning Commission hearing below under “Council, Board, and Commission Meetings.”

Facilitating Public Participation:

In preparing the 2023-2031 Housing Element, staff strived to facilitate meaningful public participation from all segments of the community, particularly those with special housing needs. The current draft of the Housing Element has been informed by the public engagement process so far, as summarized below.

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Council Staff Report (ID # 4779) Meeting of January 10, 2023 Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 3 Council, Board, and Commission Meetings:

Staff visited City Boards and Commissions, as well as City Council, to present information about the Housing Element update and to solicit input and recommendations.

• Joint City Council/Fremont Unified School District Board Meeting (February 7, 2022) • Human Relations Commission (February 28, 2022)
• CDBG Advisory Committee (March 16, 2022)
• Planning Commission (March 24, 2022)
• Senior Citizens Commission (March 25, 2022)
• Youth Advisory Commission (April 4, 2022)
• City Council (April 5, 2022)
• Recreation Commission (May 3, 2022)
• City Council, (July 12, 2022)
• Planning Commission (July 28, 2022)

Planning Commission Hearing of December 22, 2022:

On December 22, 2022, the Planning Commission conducted a noticed public hearing on the Adoption Draft of the 2023-2031 Housing Element and voted unanimously to recommend adoption to the City Council. There were three public speakers who discussed the effect of development impact fees on housing production, the mechanism for adjusting development impact fees based on inflation, the alignment of housing goals with sustainability goals to reduce vehicle miles travelled, and development proposals in the Warm Springs Innovation District. The Commission discussed how the City’s Housing Element compared to peer jurisdictions, the potential for translation of the Housing Element into other languages, and the likelihood of non-vacant commercial sites redeveloping during the planning period, encouragement of affordable housing. In making their recommendation, the Planning Commission incorporated minor amendments to the draft Housing Element, including adding responses to recent public comments, and several clarification items, as summarized in Informational Item 3 - Planning Commission Notes and Corrections Sheet. The Adoption Draft of the Housing Element has been updated to reflect those minor amendments.

Outreach to Lower-Income Residents:

Recognizing that lower-income residents may have limited accessibility to Board and Commission meetings due to schedules, language barriers, and technology issues, staff brought community outreach directly to residents. Specifically, staff held separate listening session events at homeless shelters and affordable housing developments:

• Listening Session at Sunrise Village Shelter. Sunrise Village is a homeless shelter for families with children and individuals in South Fremont. Staff visited Sunrise Village on May 18, 2022 to provide residents with an introduction to the Housing Element Update and hear their feedback on affordable housing and homelessness priorities.

The session was conducted concurrent with evening childcare activities at the shelter so that parents could attend.

• Listening Session at Pauline Weaver Senior Apartments. Pauline Weaver Apartments is an affordable housing development for seniors in South Fremont. Staff visited the complex on May 2, 2022 to provide residents with an introduction to the Housing Element Update process. Staff returned on May 23, 2022 to conduct a listening session to hear residents’ feedback and input regarding affordable housing development in the City.

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Council Staff Report (ID # 4779) Meeting of January 10, 2023 Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 4

• Listening Session at Cottonwood Place. Cottonwood Place is an affordable housing development for seniors in Centerville. Staff visited Cottonwood Place on May 4, 2022 to provide residents with an introduction to the Housing Element Update process. Staff returned on May 25, 2022 to conduct a listening session to hear residents’ feedback and input regarding affordable housing development in the City.

• Listening Session at Oak Gardens. Oak Gardens is an affordable housing development for seniors, with services intended for seniors who are deaf and/or hard of hearing. On June 21, 2022, staff visited Oak Gardens to provide residents with an introduction to the Housing Element Update process. Staff returned on July 20, 2022 to conduct a listening session to hear residents’ feedback and input regarding affordable housing development in the City. The listening session was conducted in English, Mandarin, and American Sign Language (ASL).

Additional Outreach Efforts:

• Project Team Office Hours. Throughout the update process, the Housing Element project team has offered residents the opportunity to sign up for 30-minute one-on- one conversations to discuss the Housing Element update.

• Housing Element Workshop Event. The City partnered with Fremont For Everyone (FFE), Abode Services, and California YIMBY to host an educational event about the Housing Element update on April 27, 2022.

• Fremont Street Eats Table. Fremont Street Eats is a popular weekly food truck event held by the Fremont Chamber of Commerce every Friday from May through October.

On May 13, 2022, staff had a booth at Street Eats to engage residents in the Housing Element update process. Staff shared a poster about the Housing Element update and spoke with interested residents.

• Alameda County Assessor’s Office Homeowner Resource Fair. On May 25, 2022, the city provided a venue for a Tri-City Homeowner Resource Fair, which was focused on how homeowners could add an Accessory Dwelling Unit (ADU) to their property. In addition to co-presenting ADU information, staff shared a poster about the Housing Element update while tabling and spoke with interested residents.

• Developer Panel. On November 29, 2021, City staff, in partnership with the Alameda County Housing Collaborative, held a developer panel featuring both market-rate and affordable housing developers. Developers spoke about policies and programs that they felt were most effective at stimulating housing production.

• Community-Based Organizations Panel. On April 25, 2022, City staff, in partnership with the Alameda County Housing Element Collaborative, held a panel with representatives from seven local-community-based organizations (CBOs) with a focus on fair housing issues.

• Housing Element Open House. On August 3, 2022, the City hosted an open house and invited members of the community to discuss the public review draft of the Housing Element with staff.

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DISCUSSION/ANALYSIS:

General Plan Conformance:

The City of Fremont’s 2011 General Plan establishes a vision for meeting the City’s hou sing needs through focused development near public transit. The Plan calls for the transformation of areas around the Fremont BART Station, the Centerville Train Station, the Warm Springs/South Fremont BART Station, and the future Irvington BART station in to mixed use communities with new housing, offices, retail shops, public facilities, and open spaces. The General Plan places great emphasis on sustainability and infill development near transit, as well as the preservation and improvement of the City’s existing residential neighborhoods. The General Plan provides the policy framework to achieve these goals.

The City’s General Plan was prescient in its advocacy for affordable, transit -oriented housing. Today, the shortage of affordable housing is widely recognized as one of the greatest challenges facing Fremont and the Bay Area. The region’s housing costs are consistently the highest in the nation, potentially threatening its future economic vitality, environment, and quality of life. The housing shortage crisis has sparked a region-wide effort to make more efficient use of land in established communities and create a land use pattern that supports higher density housing and transit use. The updated Housing Element reinforces the General Plan’s emphasis on directing growth toward the core of the City where transit options and other services are more readily available.

Fremont’s updated Housing Element reflects the City’s continued commitment to increasing the supply of affordable housing. Fremont needs housing that is affordable for teachers, public safety personnel, nurses, and child care workers and the retail and service workers that are the lifeblood of the local economy. Fremont also needs housing for seniors, people with disabilities, and others with limited mobility and fixed incomes. And the City needs housing for families in crisis and others who cannot find adequate shelter in the local marketplace. The innovative affordable housing policies of the 2015-2023 Housing Element doubled affordable housing production compared to the previous planning period. The 2023- 2031 Housing Element builds on that framework by calling for the development of new policies to further promote the development of affordable housing.

The 2023-2031 Housing Element update is also aligned with other General Plan goals and policies regarding Land Use, Mobility, Community Character and Conservation, as discussed below:

General Plan Policies Housing Element Policies
Land Use Policies 2-1.7 through 2-1.11
promoting Transit Oriented Development;
Land Use Policy 2-3.8 promoting higher
intensities near transit
Housing Element Policy 3.04 promotes
intensification of residential development
within urban neighborhoods around transit.

Mobility Policy 3-2.1 and 3-2.2, coordinating
land use choices and transportation
investments to create a community that
incentivizes public transportation rather than
private automobiles
Housing Element Policies 1.03 and 3.04
encourage intensification of residential
development within urban neighborhoods
around transit and associated infrastructure
improvements to facilitate access to transit.

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4-3.10, encouraging the use of design
guidelines to promote attractive
developments
Housing Element Policy 3.01 calls for the
development of regulations and standards
that reflect the community’s priorities.

Conservation Policies 7-9.1 and 7-9.2
emphasizing green building and energy
efficiency in building and site design
standards.

Housing Element Policy 3.01 encourages
development of regulations that promote a
balance between sustainability goals and
housing needs.

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HCD Review for Compliance with Housing Element Law:

Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the draft Housing Element and reported the results of its review (Informational Item 1). In HCD’s November 2022 letter, HCD acknowledged that the City’s draft element addresses most statutory requirements and identified several revisions to comply with State Housing Element Law. The following changes were identified by HCD, in order to bring the City’s housing element into compliance with Article 10.6.

HCD Comment Pages City Response
Nonvacant Sites: For your information,
since nonvacant sites accommodate 50
percent or more of the lower-income
need, the housing element must
describe “substantial evidence” that the
existing use does not constitute an
impediment for additional residential
use on the site. Absent findings (e.g.,
adoption resolution) based on
substantial evidence, the existing uses
will be presumed to impede additional
residential development and will not be
utilized toward demonstrating adequate
sites to accommodate the RHNA.

N/A A finding that existing uses do not
constitute an impediment for additional
residential use on inventory sites has
been included in the resolution for
adoption of the Housing Element.

Program 63 (Prioritize Affordable
Housing on Public Property): While the
program commits to promote surplus
properties, it should also commit to a
specific schedule of actions with discrete
timing to facilitate development on
public lands. Examples of actions
include coordination with property
owners, disposing of land or leasing
land, removing barriers, assisting in site
preparation, facilitating entitlements,
assisting with funding, issuing permits
and alternative actions if lands do not
move forward with development by a
specified date. HCD will send sample
language under separate cover.
8-33,
2-30
A specific schedule of actions was
provided to facilitate the development of
the City-owned property located near
the intersection of Decoto Road and
Fremont Boulevard. Other City-owned
sites were deleted from the sites
inventory. Additional actions were
specified for the Fremont BART parking
lot site.

Electronic Sites Inventory: For your
information, pursuant to Government
Code section 65583.3, the City must
submit an electronic sites inventory with
its adopted housing element. The City
must utilize standards, forms, and
definitions adopted by HCD. The City
can reach out to HCD at
[email protected] for technical
N/A An electronic sites inventory will be
submitted to HCD with the adopted
Housing Element.

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assistance.

Constraints on Housing for Persons with
Disabilities: The element must include
an analysis of potential constraints on
housing for persons with disabilities, as
follows:

Reasonable Accommodation: The
element describes the City’s reasonable
accommodation procedure, including
listing approval findings. However, the
element must analyze the approval
findings. Specifically, the procedure
requires a finding that the
accommodation does not result in
“substantial detriment of the residential
character of that neighborhood”. The
element should evaluate whether this
finding acts as a constraint and add a
program to address identified
constraints.
5-15,
2-35
Analysis has been added on page 5-15.

On page 2-32, Program 69 has been
modified to commit to the development
of objective findings for reasonable
accommodations. Specifically, the City
shall remove language from the fifth
finding that currently requires subjective
judgement regarding “the substantial
detriment of the residential character of
that neighborhood.” The objective
findings shall facilitate the speedy
approval of reasonable accommodation
requests to facilitate the development of
housing opportunities for people with
disabilities.

Definition of Family: The element
describes the City’s definition of family
and concludes the definition is not a
constraint on housing for persons with
disabilities. However, the element must
include analysis to support this
conclusion. For example, the City’s
definition requires persons to have
made a social, economic and
psychological commitment to each
other. The element should evaluate
potential impacts of this provision on
housing for persons with disabilities and
add or modify programs to address
identified constraints.
5-15,
2-35
Analysis has been added on page 5-14.

The City has reviewed published
guidance from 21 Elements and Mental
Health Advocacy Services, Inc.
regarding the definition of a family to
support housing for people with
disabilities. On page 2-32, Program 69
has been modified include revision of
the definition of “family” to explicitly
include the residents of residential care
facilities and group homes for people
with disabilities.

Program 69 (Barriers for Large
Residential Care Facilities): The
program commits to amend zoning to
permit group homes for seven or more
persons by-right in multifamily and
mixed-use zones. However, the
program should also commit to allow
these uses in lesser intensity residential
zones (e.g., single-family) and should
clarify these uses will only be subject to
objective standards to facilitate approval
certainty similar to other residential
uses of the same type.
2-35 On page 2-32, Program 69 has been
modified to commit to allowing group
homes by-right in all residential zones,
subject only to objective standards to
facilitate approval certainty.

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Council Staff Report (ID # 4779) Meeting of January 10, 2023 Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 9 HCD Comment Pages City Response
Programs: The element includes many
meaningful actions to affirmatively
further fair housing (AFFH). However, in
most cases, these actions should also
include geographic targeting and
metrics or numerical outcomes. For
example, Program 3 (Minor Home
Repair) could geographically target
areas of higher need or relatively lower-
incomes and include a numerical
outcome (e.g., number of units). HCD
will send sample program approaches
under separate cover.
2-5,
2-5,
2-6,
2-18,
2-21
The City has modified multiple AFFH
programs to incorporate additional
geographic emphasis and numerical
outcomes, as follows:
• Program 2: Added geographic
emphasis on neighborhoods with
highest incidence of substandard
housing.
• Program 3: Added numerical
outcome and annual reporting on
the geographic distribution of
awards to ensure equity.
• Program 5: Revised program to
prioritize rezonings in neighborhoods
with greatest amount of
overcrowding.
• Program 33: Further refined
geographic emphasis on highest-
resource neighborhoods.
• Program 39: Added numerical
outcome and geographic emphasis
on specific LMI neighborhoods.

While the element discusses how
internal consistency will be achieved
with other elements of the general plan
as part of the housing element update
(p. 1-1), it should also discuss how
internal consistency within the general
plan will be maintained throughout the
planning period. For example, the
element could discuss how internal
consistency is evaluated as part of
general plan updates or amendments or
as part of the annual progress report
pursuant to Government Code section
65400.
5-9,
2-44

Additional information has been added
to page 5-9 to describe how general
plan consistency is analyzed whenever
the City Council considers General Plan
Updates and Amendments, and as part
of the General Plan Annual Progress
Report submitted to HCD and OPR
pursuant to Government Code Section
65400.

A new program (Program 91) has been
added to audit the Warm Springs
Innovation District zoning and prepare a
study to ensure consistency with the
general plan designation, which may
include allowing housing development
by-right within additional WSI zoning
districts. The City shall amend zoning to
correct inconsistencies. If the City
identifies vertical inconsistencies that
apply more broadly within other City
zoning designations, the City will
address those as well.

Compliance with Housing Element Law:

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Council Staff Report (ID # 4779) Meeting of January 10, 2023 Updated: 1/5/2023 4:51 PM by Alberto Quintanilla Page 10 Under legislation enacted in recent years, jurisdictions face a number of new consequences for not having a certified Housing Element. If a city does not comply with State housing law, it can be brought under litigation– by individuals, developers, third parties or the State. In addition to facing significant fines, a court may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance. Additionally, local governments may lose the right to deny certain projects.

Conversely, an HCD-certified housing element makes cities eligible for numerous sources of funding, such as Local Housing Allocations, Affordable Housing and Sustainable Communities Grants, SB 1 Planning Grants, CalHOME Program Grants, Infill Infrastructure Grants, Pro-Housing Design funding, Local Housing Trust Funds, Regional Transportation Funds (such as MTC’s OneBayArea Grants). The City has worked with HCD and engaged with community stakeholders to create a Housing Element that is consistent with State law.

FISCAL IMPACT: There are costs associated with implementation of many Housing Element programs. For those programs that are continued from the previous Housing Element, costs are already annually incorporated in the City’s operating budget and are funded from various sources, including the Community Planning Fee paid by building permit applicants; affordable housing funds; grant funds; and General Fund resources allocated to the Planning Division. New programs in the Housing Element can also be largely accommodated from these sources. As noted previously, having a certified Housing Element also has a beneficial fiscal impact as it makes the City eligible for multiple State funding streams for purposes including long-range planning, affordable housing, and public works/transportation.

ENVIRONMENTAL REVIEW: The proposed Housing Element update is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15183 and/or 15162, in that the proposed Housing Element update is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, none of the circumstances necessitating further environmental review are present , and/or CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed Housing Element update would have the potential for causing a significant effect on the environment.

Additionally, many programs in the Housing Element qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures).

The determination that no further environmental review is required pursuant to CEQA Guidelines Section 15061(b)(3) is supported by the following, without limitation:

1. The 2023-2031 Fremont Housing Element Project includes City policies and programs to update its prior 2015-2023 Housing Element to meet its RHNA allocation, but does not grant any entitlements or authorizations to build new housing.

2. The 2023-2031 Fremont Housing Element does not provide for, nor does it forecast housing development that would exceed the amount of housing previously analyzed in the 2011 City of Fremont-certified Environmental Impact Report for the Fremont General Plan Update (SCH No. 2010082060).

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3. The 2023-2031 Fremont Housing Element’s Policies and Programs would not cause a significant effect on the environment.

The City contracted with a CEQA consultant to document the above CEQA determinations in greater detail. Refer to Exhibit B (CEQA Determination Memorandum) for additional information.

LINKS:

Link to Exhibit A – 2023-2031 Housing Element:
https://www.fremont.gov/home/showpublisheddocument/12229/63807989491 1070000

Note: Revisions to the Draft Housing Element based on preliminary HCD comments and questions in October 2022 are noted in red underline. Revisions based on the November 2022 HCD Comment letter are noted in purple underline.

ATTACHMENTS:
• Draft Resolution
• Exhibit B - CEQA Determination Memorandum
• Informational Item 1 - HCD Findings Letter
• Informational Item 2 - Summary of revisions based on preliminary HCD comments • Informational Item 3 - Planning Commission Notes and Corrections Sheet • Informational Item 4 - Draft 12.22.22 Planning Commission Minutes

RECOMMENDATIONS:

1. Hold public hearing;

3. Find that the 2023-2031 Housing Element is consistent with the General Plan;

4. Find that the adoption of the 2023-2031 Housing Element furthers the public interest, convenience, and general welfare of the city;

5. Adopt a resolution amending the General Plan to adopt the 2023-2031 Housing Element (Exhibit “A”); and

6. Direct staff to apply for available grant funding to support implementation of Housing

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1 DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT ADOPTING A GENERAL PLAN AMENDMENT TO UPDATE

THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE
PERIOD OF 2 023-2031, AND AFFIRMATIVELY FU RTHER FAIR

HOUSING, AND COMPLY WITH STATE HOUSING ELEMENT LAW

AND MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, the California legislature Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and

WHEREAS, the legislature Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and

WHEREAS, the legislature Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and

WHEREAS, State Housing Element Law (Article 10.6 of Gov. Code) requires that the City Council adopt a Housing Element for the eight-year period between 2023-2031 to accommodate the City of Fremont’s regional housing needs allocation (RHNA) of 12,897 housing units, comprised of 3,640 very-low income units, 2,096 low-income units, 1,996 moderate-income units, and 5,165 above moderate-income units; and

WHEREAS, as provided in Government Code Section 65350 et. seq., and Public Resources Code this Housing Element Update 2023-2031 constitutes a General Plan Amendment (“Project”); and

WHEREAS, as provided in Government Code Sections 65352 – 65352.5, the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and other entities listed and no California Native American tribe requested consultation; and

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 2 WHEREAS, the City prepared the draft 2023-2031 Housing Element in accordance with California Housing Element Law (Government Code section 65580 et seq.); and

WHEREAS, California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the City’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update; and

WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and

WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and

WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and

WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and

WHEREAS, the City conducted extensive community outreach in 2021 and 2022 including public meetings with the City Council, Planning Commission, Human Relations Commission, CDBG Advisory Committee, Senior Citizens Commission, Youth Advisory Commission and Recreation Commission, listening sessions with residents of affordable housing developments and homeless shelters, and various public events; and

WHEREAS, on August 25, 2022, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and

WHEREAS, in October 2022, HCD provided the City with preliminary questions and comments regarding the draft Housing Element, and based upon those questions and comments, City staff revised the draft Housing Element to include additional information and data to support the City’s analysis regarding Fremont’s housing needs assessment, affirmatively furthering fair housing, sites inventory, zoning for a variety of housing types, governmental and non-governmental constraints, preservation of at-risk affordable units, housing programs, quantified objectives, and general plan consistency; and

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 3 WHEREAS, on November 22, 2022, the City received a letter from HCD stating that the draft Housing Element addressed most statutory requirements, and identified several revisions to comply with State Housing Element Law (Article 10.6 of the Government Code); and

WHEREAS, on December 10, 2022, the City published a revised draft Housing Element with the changes requested by HCD; and

WHEREAS, the City contracted with a CEQA consultant to analyze the appropriate CEQA determinations for the proposed Housing Element, as attached in Exhibit B, which, together with other evidence in the record as a whole demonstrates that the proposed Housing Element update is exempt from the requirements of the California Environmental Quality Act (CEQA) and/or that no further environmental review is required; and

WHEREAS, on December 22, 2022, the Planning Commission conducted a public hearing, reviewed the revised 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by HCD, and public comments, and determined the Housing Element to be consistent with State law and the General Plan of the City of Fremont; and

WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a General Plan Amendment to update the Housing Element; and

WHEREAS, on January 10, 2022, the City Council conducted a public hearing, reviewed the revised 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by HCD, the City’s response to HCD’s findings, public comments, and the Planning Commission’s recommendation, and determined the Housing Element to be consistent with State law and the General Plan of the City of Fremont; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby finds that the Housing Element update is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15183 and/or 15162, in that the proposed Housing Element update is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and none of the circumstances necessitating further CEQA review are present; and/or CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed Housing Element update would have the potential for causing a significant effect on the environment; additionally, many programs in the Housing Element qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Sections 15378 (Definition of a Project), 15262 (Feasibility and Planning Studies), 15267 (Financial Assistance to Low or Moderate Income Housing), Formatted: Font: Times New Roman, 12 pt

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 4 15305 (Minor Alterations in Land), 15301 (Existing Facilities), and 15311 (Accessory Structures); and

SECTION 2. The City Council hereby makes the following findings to amend the Fremont General Plan pursuant to Fremont Municipal Code Section 18.225.050(b):

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. The 2023-2031 Housing Element includes policies that would be consistent with the General Plan Land Use, Mobility, Community Character and Conservation Element policies, including the policies shown below:

General Plan Policies Housing Element Policies
Land Use Policies 2-1.7 through 2-1.11
promoting Transit Oriented Development;
Land Use Policy 2-3.8 promoting higher
intensities near transit
Housing Element Policy 3.04
promotes intensification of residential
development within urban
neighborhoods around transit.

Mobility Policy 3-2.1 and 3-2.2,
coordinating land use choices and
transportation investments to create a
community that incentivizes public
transportation rather than private
automobiles.

Housing Element Policies 1.03 and

3.04 encourage intensification of
residential development within urban
neighborhoods around transit and
associated infrastructure
improvements to facilitate access to
transit.

Community Character Policies 4-3.7
through 4-3.10, encouraging the use of
design guidelines to promote attractive
developments.

Housing Element Policy 3.01 calls for
the development of regulations and
standards that reflect the
community’s priorities.

Conservation Policies 7-9.1 and 7-9.2
emphasizing green building and energy
efficiency in building and site design
standards.

Housing Element Policy 3.01
encourages development of
regulations that promote a balance
between sustainability goals and
housing needs.

2. The proposed amendment furthers the public interest, convenience, and general welfare of the cityCity. The 2023-2031 Housing Element would further the public interest, convenience and general welfare of the City by facilitating the production of housing that meets the needs of the community across all income levels. The Housing Element also promotes sustainability and infill development near transit, and preservation and improvement of the City’s existing residential neighborhoods.; and

SECTION 3. The City Council finds that that the 2023-2301 Housing Element of the General Plan substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and are consistent the with Land Use and other elements of the City’s

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 5 General Plan. The proposed amendments are required to bring the Housing Element into consistency with State law and are consistent with sound planning principles in that the proposed policies and proposed implementing regulations are compatible and ensure that the goals and policies of the General Plan can be adequately implemented to achieve the community’s vision; and

SECTION 4. The City Council, as required by Government Code Section 65585(e), has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City dated November 22, 2022, and finds that the City’s 2023-2031 Housing Element, as amended, is in substantial compliance with Article 10.6 of the California Government Code, as interpreted by HCD, including the following provisions:

Government Code Article 10.6 Conformance
65583(a)
An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
65583(a)(1)
An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
65583(a)(2)
An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
65583(a)(3)
An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
65583(a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 6 Government Code Article 10.6 Conformance
discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
65583(a)(4)(A)(i) The maximum number of beds or persons permitted to be served nightly by the facility.
65583(a)(4)(A)(ii)
Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
65583(a)(4)(A)(iii) The size and location of exterior and interior onsite waiting and client intake areas.
65583(a)(4)(A)(iv) The provision of onsite management.
65583(a)(4)(A)(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. 65583(a)(4)(A)(vi) The length of stay.
65583(a)(4)(A)(vii) Lighting.
65583(a)(4)(A)(viii) Security during hours that the emergency shelter is in operation. 65583(a)(4)(B)
The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
65583(a)(4)(C)
A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

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65583(a)(4)(D)
A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
65583(a)(5)
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). 65583(a)(6)
An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
65583(a)(7)
An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for

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emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.

An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
65583(a)(8)
An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
65583(a)(9)
An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
65583(a)(9)(A)
The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
65583(a)(9)(B)
The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate. 65583(a)(9)(C)
The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
65583(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and

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local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
65583(b)(1)
A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing. 65583(b)(2)
It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300).

Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
65583(c)
A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
65583(c)(1)
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the

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inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
65583(c)(1)(A)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
65583(c)(1)(B)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
65583(c)(1)(C)
Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households. 65583(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. 65583(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance,

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improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
65583(c)(4)
Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
65583(c)(5)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
65583(c)(6)
Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).

The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. 65583(c)(7)
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
65583(c)(8)
Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
65583(c)(9)
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this effort.
65583(c)(10)(A)
Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
65583(c)(10)(A)(i)
A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
65583(c)(10)(A)(ii)
An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008. 65583(c)(10)(A)(iii)
An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii). 65583(c)(10)(A)(iv)
An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
65583(c)(10)(A)(v)
Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
65583(c)(10)(B)
A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
65583(c)(10)(C) The requirements of this paragraph shall apply to housing elements due

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to be revised pursuant to Section 65588 on or after January 1, 2021. 65583(d)(1)
A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
65583(d)(2)
The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
65583(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
65583(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
65583(d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
65583(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.
65583(d)(4)
The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
65583(e)
Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
65583(e)(1)
A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
65583(e)(2)
Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
65583(f)
The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
65583(f)(1) The local government has been unable to complete the rezoning

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because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. 65583(f)(2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. 65583(f)(3)
The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
65583(g)(1)
If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
65583(g)(2)
A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
65583(g)(2)(A)
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
65583(g)(2)(B)
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the

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project upon the condition that it be developed at a lower density. 65583(g)(3)
The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
65583(g)(4)
For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
65583(h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure. 65583(i)
Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021. 65583(j)
On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
65583.1(a)
The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or

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county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
65583.1(b)
Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400. 65583.1(c)(1)
The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community’s obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:
65583.1(c)(1)(A)
Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
65583.1(c)(1)(B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of

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dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
65583.1(c)(1)(C) Demonstrate that the units meet the requirements of paragraph (2). 65583.1(c)(2)
Only units that comply with subparagraph (A), (B), (C), (D), or (E) qualify for inclusion in the housing element program described in paragraph (1), as follows:
65583.1(c)(2)(A)
Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be “substantially rehabilitated” unless all of the following requirements are met:
65583.1(c)(2)(A)(i)
At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
65583.1(c)(2)(A)(ii)
The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 55 years or the time period required by any applicable federal or state law or regulation.
65583.1(c)(2)(A)(iii)
Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
65583.1(c)(2)(B) Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are

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converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households.

For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
65583.1(c)(2)(B)(i) The unit is made available for rent at a cost affordable to low- or very low income households.
65583.1(c)(2)(B)(ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
65583.1(c)(2)(B)(ii)(I) Low-income households, if the unit will be made affordable to low- income households.
65583.1(c)(2)(B)(ii)(II) Very low income households, if the unit will be made affordable to very low income households.
65583.1(c)(2)(B)(iii)
At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
65583.1(c)(2)(B)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.
65583.1(c)(2)(B)(v)
The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
65583.1(c)(2)(B)(vi)
For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
65583.1(c)(2)(C)
Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
65583.1(c)(2)(C)(i) The unit has long-term affordability covenants and restrictions that

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require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 55 years.
65583.1(c)(2)(C)(ii) The unit is within an “assisted housing development,” as defined in paragraph (3) of subdivision (a) of Section 65863.10.
65583.1(c)(2)(C)(iii)
The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next eight years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
65583.1(c)(2)(C)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.
65583.1(c)(2)(C)(v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. 65583.1(c)(2)(D)
Units in a motel, hotel, or hostel that are converted with committed assistance from the city or county from nonresidential to residential by the acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
65583.1(c)(2)(D)(i) The unit is part of a long-term recovery response to COVID-19. 65583.1(c)(2)(D)(ii)
The unit is made available for people experiencing homelessness as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
65583.1(c)(2)(D)(iii) The unit is made available for rent at a cost affordable to low- or very low income households.
65583.1(c)(2)(D)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.
65583.1(c)(2)(D)(v)
The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.
65583.1(c)(2)(D)(vi) This subparagraph shall remain in effect only for the sixth revision of the housing element pursuant to Section 65588.
65583.1(c)(2)(E)
All spaces in a mobilehome park, as defined in subdivision (a) of Section 18214 of the Health and Safety Code, that is acquired with committed assistance from the city or county where any of the following apply:
65583.1(c)(2)(E)(i)
The mobilehome park will be acquired with financing that includes a loan from the department pursuant to Section 50783 or 50784.5 of the Health and Safety Code.
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park agrees to enter into a regulatory agreement for a minimum of 55 years that requires both of the following:
65583.1(c)(2)(E)(ii)(I)
All vacant spaces shall be rented at a space rent that does not exceed 50 percent of maximum rent limits established by the California Tax Credit Allocation Committee at 60 percent of the area median income. 65583.1(c)(2)(E)(ii)(II)
The space rent for existing residents at the time of the acquisition of the property, both during the 12 months preceding the acquisition and during the term of the regulatory agreement, shall not increase more than 5 percent in any 12-month period.
65583.1(c)(3)
This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied. 65583.1(c)(4)
For purposes of this subdivision, “committed assistance” means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the third year of the planning period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. “Committed assistance” does not include tenant-based rental assistance.
65583.1(c)(5)
For purposes of this subdivision, “net increase” includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
65583.1(c)(6)
For purposes of this subdivision, “the time the unit is identified” means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation. 65583.1(c)(7)
In the fourth year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low

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income households, and it shall adequately document how each unit complies with this subdivision. If, by the end of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2), the city or county shall, not later than the end of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.
65583.1(d)
A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
65583.2(a)
A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
65583.2(a)(1) Vacant sites zoned for residential use.
65583.2(a)(2) Vacant sites zoned for nonresidential use that allows residential development.
65583.2(a)(3)
Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county.

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65583.2(a)(4)
Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county. 65583.2(b) The inventory of land shall include all of the following:
65583.2(b)(1) A listing of properties by assessor parcel number. 65583.2(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
65583.2(b)(3)
For nonvacant sites, a description of the existing use of each property.

If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
65583.2(b)(4)
A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
65583.2(b)(5)(A)
A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.
65583.2(b)(5)(B)
Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. 65583.2(b)(6)
Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. 65583.2(b)(7)
A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.
65583.2(c)
Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A

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nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
65583.2(c)(1)
If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. 65583.2(c)(2)
The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

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65583.2(c)(2)(A)
A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.
65583.2(c)(2)(B)
A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.
65583.2(c)(2)(C)
A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
65583.2(c)(3)
For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
65583.2(c)(3)(A)
Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
65583.2(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
65583.2(c)(3)(B)(i)
For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
65583.2(c)(3)(B)(ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
65583.2(c)(3)(B)(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. 65583.2(c)(3)(B)(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
65583.2(c)(4)(A) For a metropolitan jurisdiction:
65583.2(c)(4)(A)(i)
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units per acre of housing.
65583.2(c)(4)(A)(ii)
At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.
65583.2(c)(4)(B)
The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
65583.2(c)(4)(B)(i) Deny a project that does not comply with the allocation. 65583.2(c)(4)(B)(ii)
Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
65583.2(c)(4)(B)(iii)
The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.
65583.2(c)(4)(C) This paragraph does not apply to an unincorporated area. 65583.2(c)(4)(D) For purposes of this paragraph:
65583.2(c)(4)(D)(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
65583.2(c)(4)(D)(ii)
“Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department. 65583.2(c)(4)(E)
Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
65583.2(d)
For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
65583.2(e)(1)
Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than

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2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
65583.2(e)(2)(A)(i)
Notwithstanding paragraph (1), if a county that is in the San Francisco- Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive. 65583.2(e)(2)(A)(ii)
A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
65583.2(e)(2)(B)
A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
65583.2(f)
A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.
65583.2(g)(1)
For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting

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existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
65583.2(g)(2)
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
65583.2(g)(3)
Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.
65583.2(h)
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions

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described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. 65583.2(i)
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner- occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
65583.2(j)
Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
65583.2(k)
For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
65583.2(l)(1) The changes to this section made by Chapter 193 of the Statutes of 2020 shall become operative on January 1, 2022.
65583.2(l)(2)
The changes to this section made by Chapter 193 of the Statutes of 2020 shall not apply to a housing element revision that is originally due on or before January 1, 2022, regardless of the date of adoption by the local agency.
65583.2(m) This section shall remain in effect only until December 31, 2028, and as of that date is repealed.
65583.3(a)
For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing

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element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct.
65583.3(b)
Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision and subdivision (a) of Section 65583. Any standards, forms, or definitions adopted to implement this subdivision and subdivision (a) of Section 65583 shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. 65583.4(a)
Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element to complete any rezonings required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 if all of the following apply:
65583.4(a)(1) The statutory deadline in Section 65588 for adoption of the sixth revision of the housing element was in the 2021 calendar year. 65583.4(a)(2)
The local government failed to adopt a sixth revision of the housing element that the department had found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element.
65583.4(a)(3)
The local government adopts a sixth revision of the housing element and the department finds the adopted element to be in substantial compliance with this article within one year of the statutory deadline established pursuant to Section 65888 for adoption of the housing element.
65583.4(b)(1)
The deadline for completing required rezoning pursuant to subdivision (a) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
65583.4(b)(1)(A)
The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. 65583.4(b)(1)(B) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.

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65583.4(b)(1)(C)
The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
65583.4(b)(2)
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
65584.0(a)(1)
For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article.

For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county. 65584.0(a)(2)
It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.
65584.0(a)(3)
The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.
65584.0(b)
The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or for cities and counties without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.

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65584.0(c)
Notwithstanding any other provision of law, the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days. 65584.0(d) The regional housing needs allocation plan shall further all of the following objectives:
65584.0(d)(1)
Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households. 65584.0(d)(2)
Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.
65584.0(d)(3)
Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low- wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.
65584.0(d)(4)
Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.
65584.0(d)(5) Affirmatively furthering fair housing.
65584.0(e)
For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
65584.0(f) For purposes of this section, “household income levels” are as

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determined by the department as of the most recent American Community Survey pursuant to the following code sections:
65584.0(f)(1) Very low incomes as defined by Section 50105 of the Health and Safety Code.
65584.0(f)(2) Lower incomes, as defined by Section 50079.5 of the Health and Safety Code.
65584.0(f)(3) Moderate incomes, as defined by Section 50093 of the Health and Safety Code.
65584.0(f)(4) Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code.
65584.0(g)
Notwithstanding any other provision of law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
65584.09(a)
For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make available adequate sites to accommodate that portion of the regional housing need allocated pursuant to Section 65584, then the city or county shall, within the first year of the planning period of the new housing element, zone or rezone adequate sites to accommodate the unaccommodated portion of the regional housing need allocation from the prior planning period. 65584.09(b)
The requirements under subdivision (a) shall be in addition to any zoning or rezoning required to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584 for the new planning period.
65584.09(c)
Nothing in this section shall be construed to diminish the requirement of a city or county to accommodate its share of the regional housing need for each income level during the planning period set forth in Section 65588, including the obligations to (1) implement programs included pursuant to Section 65583 to achieve the goals and objectives, including programs to zone or rezone land, and (2) timely adopt a housing element with an inventory described in paragraph (3) of subdivision (a) of Section 65583 and a program to make sites available pursuant to paragraph (1) of subdivision (c) of Section 65583, which can accommodate the jurisdiction’s share of the regional housing need. ; and

SECTION 5. The City Council hereby finds that existing uses on the sites identified in the sites inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period and do not constitute an impediment to additional residential development during the 2023-2031 planning period based on substantial evidence. The Non-Vacant Sites Formatted: Indent: First line: 0"

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) 33 Analysis Methodology section of the Sites Inventory and Analysis Chapter of the Housing Element creates a framework, based on facts, trends, and reasonable assumptions, to evaluate whether existing uses on inventory sites will likely be discontinued during the planning period and whether they are impediments to residential development. A list of existing uses is provided for each non-vacant site in the Sites Inventory Table in the Housing Element. Each of those existing uses corresponds with a specific use category (e.g., religious facility with underutilized land, single-family home on a small lot, automobile-related uses, banks, retail, and personal service uses) listed in the Existing Uses section of the Sites Inventory and Analysis Chapter of the Housing Element with corresponding discussion regarding why those particular uses are likely to discontinue. The Development Trends section of the Sites Inventory and Analysis Chapter of the Housing Element provides specific examples of recent residential development projects that occurred on sites with similar existing uses, which creates a local track record to support the likelihood for redevelopment. The Market Trends and Incentives sections identify key characteristics of sites that are likely to be redeveloped with housing. Each of the non-vacant sites in the inventory correspond with two or more of those key indicators for likely redevelopment.; and

SECTION 6. The City Council hereby intends to continue to revise the Housing Element and complete the HCD review process, to obtain their finding of substantial compliance and certification.; and

SECTION 7. The City Council hereby approves the 2023-2031 Housing Element in its current form, as shown in Exhibit “A”, which has addressed and has incorporated findings from HCD.; and

SECTION 8. The City Council hereby directs Staff to submit the 2023 – 2031 Housing Element to HCD for certification.; and

SECTION 9. The City Council hereby authorizes Staff to make non-substantive changes to the 2023 – 2031 Housing Element to respond to any comments received from HCD to achieve certification.; and

SECTION 10. The City Clerk is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Section 65357.; and

SECTION 11. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk of Alameda County.; and

SECTION 12. The effective date of this resolution shall be January 10, 20232This resolution shall be effective upon adoption.

ADOPTED January 10, 20232, by the City Council of the City of Fremont by the following vote:

AYES:

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ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________ Assistant City Clerk Senior Deputy City Attorney

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Attachment: Draft Resolution (4779 : 2023-2031 HOUSING ELEMENT UPDATE) LAMPHIER  GREGORY

Urban Planning
Environmental Analysis

Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94619 Phone: 510-535-6690 November 30, 2022

Clifford Nguyen, Assistant Planning Manager/Zoning Administrator City of Fremont Community Development
3300 Capitol Ave., Bldg. A
Fremont, CA 94538
via email at: [email protected]
CC: Wayland Li, Principal Planner
via email at: [email protected]

Re: City of Fremont 2023-2031 Housing Element CEQA Determination This Technical Memorandum serves as an evaluation of the City of Fremont 2023-2031 Housing Element (the Project) pursuant to the California Environmental Quality Act (CEQA). This Technical Memorandum has been prepared to present findings resulting from the CEQA compliance review as described below, and recommendations concerning the appropriate CEQA compliance documentation.

Statutory Authority and Requirements
The City of Fremont has determined that the 2023-2031 Housing Element requires discretionary actions or approvals of the City Council, and is therefore a ‘project’ subject to CEQA. Pursuant to CEQA Guidelines Section 15061, “once a lead agency has determined that an activity is a project and subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA”. Pursuant to State CEQA Guidelines Section 15061, a project is exempt from CEQA if:
1) The project is exempt by statute (Statutory Exemption) 2) The project is exempt pursuant to a Categorical Exemption, and the application of that Categorical Exemption is not barred by one of the exceptions set forth in State CEQA Guidelines Section 15300.2.
3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
4) The project will be rejected or disapproved by a public agency, or 5) The project is exempt pursuant to the provisions of Article 12.5 - Exemptions for Agricultural Housing, Affordable Housing and Residential Infill Projects

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Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 Project Description
The Fremont 2023-2031 Housing Element is an eight-year plan to meet the housing needs of everyone in the community. It provides a blueprint for how the City of Fremont can protect the housing stability of existing residents, preserve and improve the existing housing stock, and produce new housing at all income levels. The Housing Element is one of seven required elements of the City of Fremont General Plan, and is subject to review and certification by the State of California. The State has determined that housing is a matter of statewide importance because the need for safe and affordable housing crosses regional and jurisdictional lines. Accordingly, each city and county in California must submit their Housing Element to the California Department of Housing and Community Development (HCD), and HCD evaluates the document based on specific criteria to determine whether it meets the requirements that have been set by the California Government Code. The Housing Element must address the specific State statutory requirements, but it also reflects local community values and priorities via community input during the preparation process.

Fremont’s updated Housing Element reflects the continued commitment of the City to increase the supply of affordable housing. Fremont needs housing that is affordable for teachers, public safety personnel, nurses and childcare workers, and the retail and service workers that are the lifeblood of the local economy. Fremont also needs housing for seniors, people with disabilities and others with limited mobility and fixed incomes. The City also needs housing for families in crisis and others who cannot find adequate shelter in the local marketplace. The innovative affordable housing policies of Fremont’s prior 2015-2023 Housing Element doubled affordable housing production during that previous planning period. The 2023-2031 Housing Element builds on that framework by calling for the development of new policies to promote further development of affordable housing.

Regional Housing Needs Allocation (RHNA)
State law requires that the City’s Housing Element demonstrate that the City has adequately planned to meet the housing needs of the community at all income levels. This obligation includes providing capacity according to City zoning to accommodate the City’s allocation of housing, as well as policies and procedures to facilitate the development of that housing. State law establishes a process for assigning the responsibility for planning for housing production in California to individual cities and counties. This is known as the Regional Housing Needs Allocation (RHNA) process. HCD determines the total housing need for each region (known as the Regional Housing Needs Determination (RHND). In June 2020, HCD provided the 2023-2031 RHND for the Bay Area, which is for 441,176 units. This is a substantial increase from the previous planning period, mostly due to the additional consideration of unmet housing need as well as the persistently strong housing market in the region.

The ABAG Executive Board approved the Final RHNA Methodology and Draft Allocations for the 2023- 2031 planning period in May 2021. Consistent with the higher RHND, individual jurisdictions received substantial increases in their RHNA. Fremont’s RHNA for the 2023-2031 planning period is 12,897 units.

Now that Fremont has received its RHNA, it must update the Housing Element to show how it plans to meet its share of the regional housing need with in four income categories: Above Moderate, Moderate, Low and Very Low income households. The Housing Element contains goals, policies and programs to facilitate the development of housing at the income levels prescribed by the RHNA. For the 2023-2031 Housing Element cycle, updates must be complete, with a finding of compliance by HCD, by January 31, 2023.

Housing Element Contents
The Housing Element is organized into the following chapters:

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Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 Chapter 1, Introduction: This chapter provides an overview of the purpose of the Housing Element and a summary of the regulatory and legislative framework guiding the development of the Housing Element.

Chapter 2, Goals, Policies and Programs: This chapter provides the City’s overall plan to meet the housing needs of the community during the 2023-2031 planning period.

Chapter 3, Community Engagement: This chapter provides a summary of the community engagement efforts in support of the Housing Element Update.

Chapter 4, Housing Needs Assessment: This chapter provides an analysis of the demographic characteristics, housing stock and economic conditions in Fremont that affect housing needs.

Chapter 5, Constraints Analysis: This chapter contains an analysis of governmental and non- governmental constraints to housing production in Fremont.

Chapter 6, Review of 2015-2023 Housing Element: this chapter presents a summary of major achievements, and an analysis of challenges to implementation during the 2015-2023 Housing Element planning period.

Chapter 7, Assessment of Fair Housing: This chapter contains an analysis of contributing factors and conditions that restrict fair housing choice and access to housing opportunity.

Chapter 8, Sites Inventory and Analysis: This chapter provides an inventory of potential housing sites, and an analysis of the ability of these sites to accommodate the housing needs of the City of Fremont at all income levels.

CEQA Findings Supporting a “Common Sense” CEQA Exemption Lamphier-Gregory has completed a CEQA compliance review for the Fremont 2023-2031 Housing Element, finding justification for a CEQA exemption pursuant to the Common-Sense Exemption provision of CEQA Guidelines Section 15016(b) (3). We believe the 2023-2031 Housing Element is exempt under these CEQA Guidelines because:
1) The 2023-2031 Fremont Housing Element Project includes City policies and programs to update its prior 2015-2021 Housing Element to meet its RHNA allocation, but does not grant any entitlements or authorizations to build new housing
2) The 2023-2031 Fremont Housing Element does not provide for, nor does it forecast housing development that would exceed the amount of housing previously analyzed in the 2011 City of Fremont-certified Environmental Impact Report for the Fremont General Plan Update (SCH No. 2010082060), and
3) The 2023-2031 Fremont Housing Element’s Policies and Programs would not cause a significant effect on the environment.

The specific factors supporting these findings are as defined below.

No Direct Effects
Fremont’s 2023-2031 Housing Element does not grant any development entitlements or authorize any physical development beyond what is allowed under the City’s current General Plan and Zoning Code.

Future housing development pursuant to the 2023-2031 Housing Element will be subject to compliance with the established regulatory framework, including federal, state, regional and local agencies (i.e., Fremont’s General Plan policies, zoning standards and regulations and other city standard conditions of approval), as well as individual CEQA review. Certain by-right housing projects may be found individually

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Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 exempt from CEQA, but all future housing development will be subject to further development review, which may include supporting technical reports.

Based on these factors, it can be seen with certainty that the programs and policies set forth in the 2023-2031 Housing Element would not have a direct significant effect on the environment. Therefore, the Fremont 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.

Housing Potential is Consistent with the Fremont General Plan According to the 2011 Fremont General Plan Update EIR, the General Plan anticipated 89,673 total households in the City of Fremont by year 2035.1 According to US Census data, Fremont had 74,479 households in year 2021.2 Based on a comparison of these numbers, the City of Fremont has a remaining potential for 15,194 households under its General Plan, and under the General Plan EIR’s environmental analysis.

The 2023-2031 Housing Element’s Site Inventory identified the potential for an additional 14,259 housing units, slightly less than the remaining development potential assumed under the General Plan.

The site inventory includes 5,468 units that are pending, approved or permitted but not constructed; 480 ADUs; 1,087 units that could be built on vacant sites; and 7,224 units that could be constructed as part of redevelopment of non-vacant but underutilized sites.

Although the increment of growth anticipated under the General Plan EIR by year 2035 was the basis of the EIR’s analysis of growth and change, it was not considered a time limit on the General Plan, or necessarily “buildout” of the General Plan. The General Plan EIR did assume policy-based residential densities and non-residential development intensities on all properties within the City. However, the General Plan EIR did not assume the full growth potential of the City based on these theoretical development potentials (i.e., the amount of growth that could occur if every parcel in the City were built or rebuilt to the maximum allowable density and intensity set forth in the General Plan). The General Plan EIR cited a number of factors that made this theoretical build out unlikely. These factors included economic and market conditions, the existing urban context, construction requirements and costs, and policies and programs that limit new growth within the existing regulatory environment. Instead, the General Plan EIR relied on projections of growth potential, which assumed City growth would likely follow the same patterns as the broader Bay Area over the first 10 years, with an acceleration of growth and change after the first 10 years in response to changes in market demand and policies.

The growth potential of the General Plan (based on projections) and the development potential identified in the 2023-2031 Housing Element (based on an inventory of available sites) rely on different approaches for quantifying growth in housing within the City. However, the 2023-2031 Housing Element’s growth potential does not exceed the General Plan’s assumptions/projections for new housing, and is consistent with the General Plan and its EIR. Based on these factors, it can be seen with certainty that the programs and policies set forth in the 2023-2031 Housing Element would not have any new or more significant effects than those already identified in the General Plan EIR.

Furthermore, recent legislation (SB 6 and AB 2011) creates additional opportunities for residential development within commercial zoning districts. In Fremont, this creates new opportunities for housing within the Regional Commercial Zoning District, the General Commercial Zoning District and the Warm Springs Innovation District. The site inventory of the 2023-2031 Housing Element was prepared prior to the passage of SB 6 and AB 2011, and therefore does not include the numerous additional sites with

1 Fremont General Plan Draft EIR, July 2011 (certified September 2011), page 3 -23 2 US Census Bureau QuickFacts, accessed at https://www.census.gov/quick facts/fremontcitycalifornia

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Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Clifford Nguyen, City of Fremont 11/30/22 Page 5
Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 housing potential as created under this new legislation. Accordingly, the current General Plan and zoning provide for greater residential development opportunities than are presented in the analysis, above.

Therefore, the Fremont 2023-2031 Housing Element is exempt from further CEQA review under the common sense exemption.

CEQA Exemptions Applying to Individual Housing Element Programs The City of Fremont 2023-2031 Housing Element contains Goals and Policies, as well as more than 90 individual Programs intended to implement the Housing Element. The Programs are specific actions to be taken by the City to facilitate the development of housing at the income levels prescribed by the RHNA. Individual Programs are assigned to the city’s different departments and divisions, including the Community Development Department and its Planning, Building, Code Enforcement and Housing Divisions, as well as the Human Services Department and the Public Work Department.

Each of these Programs can be categorized under the following general topics of services:
• Staff Programs and Assistance Efforts
• Feasibility and Planning Studies
• Financial Assistance to Low or Moderate Income Housing • Financial Incentives and Restrictions
• Minor Alteration in Land Use Regulations and Compliance with State Regulations • Changes or Improvements to Existing Facilities, and
• Accessory Structures
These Programs, both individually and collectively, do not result in any significant environmental effects, as further explained below.

Staff Programs and Assistance Efforts
This category of Housing Element Programs consists of those City staff services provided by various City department in an effort to support and promote the provision of housing, and especially affordable housing. Examples of staff assistance programs include:
• Program 2 - Training for Apartment Owners and Property Managers: The City shall provide an annual training to multi-family rental property owners and managers. The training shall educate property owners and managers about their legal responsibilities to providing safe, habitable dwellings and provide an overview of related City programs like code enforcement and the rent review ordinance.
• Program 13 - Provide Education on Tenant’s Rights: The City of Fremont contracts with Project Sentinel’s Fremont Fair Housing and Landlord/Tenant Services to provide education to tenants regarding their legal rights. Project Sentinel provides fair housing information/education and investigates housing discrimination complaints. Project Sentinel also provides counseling services to tenants upon request. • Program 41 - Publish Monthly Development Digest with Updates and Information on Multi- Family Housing Standards: The Development Digest is the City’s primary communication tool to reach developers. The Digest disseminates updates about changes to standards, fees, and regulations. It also provides explanations of the City’s development processes.

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Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Clifford Nguyen, City of Fremont 11/30/22 Page 6
Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 These types of City staff services have no physical effects, require no discretionary actions from the City, and are not subject to CEQA.

Feasibility and Planning Studies
This category of Housing Element Programs consists of feasibility and/or planning studies that may lead to possible future actions, but the City has not yet approved, adopted or funded those possible future actions, and none of these types of Programs has any legally binding effect on later activities. Examples of Housing Element Programs that are feasibility and planning studies include the following:
• Program 10 - Monitor "At Risk" Affordable Housing Units: The City shall continue to monitor affordable housing developments that could be at risk for converting to market rate. The City has a database to track the status of at risk units on an annual basis with the intention of working with owners to preserve the affordability of the units. • Program 19 - Explore Reach Codes that Balance Sustainability with Housing Production: With each three-year Building Code cycle, the City can choose to incorporate additional standards for sustainability that exceed the requirements of the standard Building Code. The City shall consider adoption of these code requirements to ensure the sustainability of new housing construction. In developing reach codes, the City shall consider potential additional costs that the codes would add for developers.
• Program 48 - Annually Monitor Effectiveness of Affordable Housing Ordinance and Commercial Linkage Fee: The City recently updated its Affordable Housing Ordinance in January 2022. The updated ordinance requires developers of market-rate housing to contribute to affordable housing by making 15% of the units affordable; by paying an increased “in-lieu” fee that the City can use to subsidize affordable units; or by assisting the City’s affordable housing efforts in some other way, such as via a land donation. The City shall continue to monitor the effectiveness and success of these programs at providing funding for affordable housing production.

These types of Programs are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15262, and therefore have already been determined by the State Legislature to have no effect on the environment.

Financial Assistance to Low or Moderate Income Housing
This category of Housing Element Programs consists of actions taken by the City to provide financial assistance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. The residential project which is the subject of the application for financial assistance will be subject to CEQA when approvals may be granted. Examples of Housing Element Programs that provide financial assistance only include the following:
• Program 3 - Minor Home Repair Grant Program: The City shall continue to partner with a non- profit organization, such as Habitat for Humanity, to provide home rehabilitation assistance to low-income homeowners.
• Program 47 - Continue to Allocate Percentage of General Fund Revenue from “Boomerang Funds” to Affordable Housing and Interim Shelter Projects: “Boomerang funds” represent a portion of tax increment funds from former Redevelopment Agencies that come back to local jurisdictions as both a one-time lump sum from their former Low- and Moderate-Income

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Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 Housing Fund, and as annual property tax distributions. The boomerang funds are used almost entirely for affordable housing and interim shelter projects in the City.

These types of Programs are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15267, and therefore have already been determined by the State Legislature to have no effect on the environment.

Minor Alteration in Land Use Regulations
This category of Housing Element Programs consists of those Programs that potentially initiate minor alterations in the City’s land use regulations, but that do not result in any changes in land use or density.

Any of these types of Housing Element Programs also include changing local City land use regulations as needed to comply with State regulations. Examples of Housing Element Programs that involve minor changes in local regulations include the following:
• Program 37 - Update Zoning to Reflect Intensity Permitted Under SB 478: The City shall update the code to implement the requirements of SB 478, which establishes a 1.5 floor area ratio standard for land zoned for missing middle housing (between 2 and 10 homes). Since the City does not currently use FAR as a residential zoning standard, the City shall revise its residential zoning districts to ensure that projects with 1.5 FAR can be constructed in all districts given the underlying zoning standards such as building height, lot coverage, and setbacks.
• Program 45 - Update Zoning to be Consistent with State Density Bonus Law: The City shall amend the zoning ordinance to incorporate changes in State Density Bonus law under AB 2345.

These types of Programs do not result in direct housing development, but rather involve the adoption of ordinance to be compliant with State law. Any housing development facilitated by these types of Program would be subject to the City’s development review and plan check process. Therefore, these types of Programs would not result in physical environmental impacts.

Existing Facilities and Accessory Structures
This category of Housing Element Programs consists of operations, repairs or minor alteration of existing housing involving negligible or no expansion of existing use, and/or new construction or conversion of small structures such as construction of second dwelling unit (or ADU) in a residential zone. Examples of Housing Element Programs that involve minor changes to existing housing or new accessory structures include the following:
• Program 1 - Identify and Abate Substandard Rental Housing: Renters, people of color and lower-income people disproportionately face substandard housing conditions in the City. By dedicating resources to prevent and remedy substandard housing, the City furthers fair housing opportunity for those protected groups impacted by this concern. • Program 31 - Amend Regulations to Facilitate Production of ADUs. The City shall amend the zoning ordinance to facilitate the production of ADUs, including removal of unnecessary aesthetics-based standards for rear yard ADUs that will not be easily viewable from the public right of way, and elimination of minimum size requirements to allow for innovative and efficient ADU designs.

These types of Programs are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 and section 15311, and therefore have already been determined by the State Legislature to have no effect on the environment.

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Lamphier-Gregory 4100 Redwood Road Suite 20A, #601, Oakland, CA 94691 Phone: 510-535-6690 The following matrix has been prepared to demonstrate that each of the Programs included in the Fremont 2023-2031 Housing Element fall within one of the general categories of programs that do not result in direct housing development, and represent a new or ongoing Program that would not result in physical environmental impacts. This matrix summarizes the Fremont 2023-2031 Housing Element programs and supports a finding of the common sense exemption under State CEQA Guidelines Section 15061(b)(3). Additionally, many of these Programs would also qualify as being statutorily or categorically exempt from CEQA review pursuant to State CEQA Guidelines Article 18 and/or Article 19.

Based on all of the above, the proposed Fremont 2023-2031 Housing Element would not have a significant effect on the environment and a Categorical Exemption covered by the common sense rule applies. It can be seen with certainty that there is no possibility that the Housing Element may have a significant effect on the environment and is therefore not subject to further CEQA review.

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Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) relationship to
prior 2015‐2022
HE
Staff Programs and
Assistance
Feasibility and Planning
Studies
Financial Assistance to
Low or Moderate
Income Housing
Minor Alteration in Land
Use Regs / Compliance
with State Regs.

Existing Facilities or
Acessory Structures
CEQA Section: not "project" 15262 15267 15305 15301
Program 1. Identify and Abate Substandard
Rental Housing. 1
Program 2. Training for Apartment Owners and
Property Managers retained 2
Program 3. Minor Home Repair Grant Program modified 3
Program 4. Objective Design Standards for
Historic Homes 4
Program 5. Comprehensive Review of Single‐
Family Residential Planned Districts
5 Program 5.5. Encourage Solar Installation on
Existing Multifamily Buildings 5.5 5.5
Program 6. Citywide Capital Improvements retained 6
Program 7. Mobile Home Preservation and
Rent Stabilization retained 7
Program 8. Condominium Conversions retained 8
Program 9. Short Term Rental Ordinance 9
Program 10. Monitor "At Risk" Affordable
Housing Units retained 10
Program 11. Ensure that Existing Deed‐
Restricted Housing Complies with Regulatory
Restrictions
11 Program 12. Continue to Implement and
Annually Review the Rent Review Ordinance
modified 12
Program 13. Provide Education on Tenant’s
Rights consolidated 13
Program 14. Implement “Stay Housed” Self‐
Sufficiency Program. retained 14
Program 15. Live/Work Preference for
Affordable Housing modified 15
Program 16. Mandatory Replacement of On‐
Site Units modified 16
Program 17. Develop and Refine Objective
Design Standards Consistent with State Law to
Provide a Predictable Basis to Review Housing
Projects
modified 17
Program 18. Develop Objective Findings for
Residential Projects 18
Program 19. Explore Reach Codes that Balance
Sustainability with Housing Production
modified 19
Program 20. Offer Preliminary Review
Procedure (PRP) Process. retained 20
Program 21. Encourage Early Community
Outreach on Large Housing Development
Projects
consolidated 22
Program 22. Continue to Coordinate
Development Review with Outside Agencies
retained 22 22
Program 23. Electronic Processing and
Permitting consolidated 23
Program 24. Offer “Over the Counter” (OTC)
Type Plan Checks for Qualifying Residential
Projects
24 Program 25. Review Impact Fee Structure retained 25
Program 26. Have a Designated “Affordable
Housing Ally” to Support Affordable
Development Projects
26 Program 27. Facilitate Environmental Review
Process 27
Program 28. Housing Education Campaign consolidated 28
Program 29. Identify Potential Historic
Resources on Housing Inventory Sites expanded 29
Program 30. Provide Resources to Encourage
Development of Accessory Dwelling Units
retained 30
Program 31. Amend Regulations to Facilitate
Production of ADUs retained 31 31
Program 32. Expand Homeownership
Opportunities within Existing Highest Resource
Neighborhoods
modified 32

5.A.b
Packet Pg. 86
Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) relationship to
prior 2015‐2022
HE
Staff Programs and
Assistance
Feasibility and Planning
Studies
Financial Assistance to
Low or Moderate
Income Housing
Minor Alteration in Land
Use Regs / Compliance
with State Regs.

Existing Facilities or
Acessory Structures
Program 33. Add Intensity in High Resource
Single‐Family Neighborhoods within TODs
33 Program 34. Eliminate Parking Requirements in
TOD Areas modified 34
Program 35. Set Density Minimums Outside of
TODs 35
Program 36. Update Mixed‐Use Zoning
Standards modified 36
Program 37. Update Zoning to Reflect Intensity
Permitted Under SB 478 37
Program 38. Update Community Plans as
Needed. modified 38
Program 39. Seek Funding for Capital
Improvements in TOD Districts. retained 39 39
Program 40. Promote Inventory of Residential
Vacant and Underutilized Opportunity Sites
expanded 40
Program 41. Publish Monthly Development
Digest with Updates and Information on Multi‐
Family Housing Standards
modified 41
Program 42. Consultation with Stakeholders on
Housing Policy Changes retained 42
Program 43. Create Online Fee Calculator for
Developers 43
Program 44. By Right Approval of Projects with
20% Affordable Units 44
Program 45. Update Zoning to be Consistent
with State Density Bonus Law. 45
Program 46. Offer Additional Flexibility in
Satisfying Open Space Requirements 46
Program 47. Continue to Allocate Percentage
of General Fund Revenue from “Boomerang
Funds” to Affordable Housing and Interim
Shelter Projects
modified 47
Program 48. Annually Monitor Effectiveness of
Affordable Housing Ordinance and Commercial
Linkage Fee
consolidated 48
Program 49. Continue to Allow Deferral of
Impact Fees for Affordable Housing Projects
retained 49
Program 50. Charge Reduced Impact Fees for
Affordable Housing Projects 50
Program 51. Waive Impact Fees for ADUs retained 51
Program 52. Quickly Adapt to New State
Funding Resources. retained 52
Program 53. Remain Competitive at Obtaining
State Funding Resources for Affordable
Housing
retained 53
Program 54. Advocate for Increased Allocation
of Project‐Based Section 8 Vouchers from the
Alameda County Housing Authority
54 Program 55. Collaborate with the Bay Area
Housing Finance Authority (BAHFA) to Develop
Initiatives that will Provide Additional
Resources for Affordable Housing
modified 55
Program 56. Assist Affordable Developers to
Acquire Land for Affordable Housing retained 56
Program 57. Priority Processing for Affordable
Housing Development Projects 57
Program 58. Provide Technical Assistance to
Affordable Housing Property Managers 58
Program 59. Prioritize Development of Housing
Affordable to Extremely Low‐Income
Households.
retained 59
Program 60. Prioritize Development of Family
Size Affordable Housing Units. retained 60
Program 61. Explore Opportunities to Increase
Community Participation in the Funding
Process
61 Program 62. Facilitate Hotel
Acquisition/Rehabilitation modified 63
Program 63. Prioritize Affordable Housing on
Public Property 64
Program 64. Promote Housing on
Underutilized Church Properties 64

5.A.b
Packet Pg. 87
Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) relationship to
prior 2015‐2022
HE
Staff Programs and
Assistance
Feasibility and Planning
Studies
Financial Assistance to
Low or Moderate
Income Housing
Minor Alteration in Land
Use Regs / Compliance
with State Regs.

Existing Facilities or
Acessory Structures
Program 65. Facilitate Shared Housing
Opportunities modified 65
Program 66. Participate in Affordable Housing
Week retained 66
Program 67. Influence Statewide Affordable
Housing Priorities and Legislation.
consolidated 67 67
Program 68. Implement Reasonable
Accommodations Ordinance modified 68
Program 69. Address Zoning Barriers for Large
Residential Care Facilities for People with
Disabilities.
69 Program 70. Implement Universal Design
Ordinance retained 70
Program 71. Develop an Accessible
Preapproved ADU Design 71
Program 72. Provide Services to Improve the
Quality of Life for People Experiencing
Homelessness to Meet the Need Identified in
the Point‐in‐Time (PIT) Count
retained 72
Program 73. Provide A Diversity of Shelter
Options to Meet the Need Identified in the PIT
Count
retained 73
Program 74. Address Zoning Barriers for Low‐
Barrier Housing Navigation Centers and
Emergency Shelters
74 74
Program 75. Participate in the Alameda County
IMPACT Program retained 75
Program 76. Remove Zoning Barriers for
Supportive and Transitional Housing 76
Program 77. Participate in Countywide
Planning Efforts to End Homelessness retained 77
Program 78. Provide Resources on Diverse
Housing Opportunities through Age Well
Centers
78 Program 79. Continue to Implement the
Pathways to Positive Aging Project retained 79
Program 80. Monitor Incentives to Encourage
Development of Smaller, More Efficient Units
for Single‐Person and Small Households
80 Program 81. Continue to Operate the Fremont
Family Resource Center retained 81
Program 82. Encourage Location of Case
Management and Other Supportive Services in
Affordable Housing Developments and
Housing for Seniors
retained 82
Program 83. Funding for Non‐Profit Social
Service Providers. retained 83
Program 84. Inter‐Jurisdictional and Regional
Planning retained 84
Program 85. Review and Periodically Amend
Zoning Ordinance and Other Planning
Documents to Comply with Changes to State
Laws
85 85
Program 86. Prepare and Submit Annual
Progress Report on Housing to HCD retained 86
Program 86.5. Improve Tracking and
Enforcement of Tenant Protection
Requirements

86.5 Program 87. Improve Tracking of No Net Loss 87
Program 88. ADU Monitoring 88
Program 89. Review Development Standards
to Ensure They Allow Maximum Density.
89 89
Program 90. Identify New Housing Opportunity
Sites Created Through SB 6 and AB 2011
retained 90

5.A.b
Packet Pg. 88
Attachment: Exhibit B - CEQA Determination Memorandum (4779 : 2023-2031 HOUSING ELEMENT UPDATE) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

November 22, 2022

Dan Schoenholz, Director
Community Development Department
City of Fremont
39550 Liberty Street
Fremont, CA 94538

Dear Dan Schoenholz:

RE: City of Fremont’s 6
th Cycle (2023-2031) Draft Housing Element

Thank you for submitting the City of Fremont’s (City) draft housing element received for review on August 25, 2022, along with revisions received on November 16, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance, South Bay YIMBY, TransForm and Campaign for Fair Housing Elements and YIMBY Law pursuant to Government Code section 65585, subdivision (c).

The draft element addresses most statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov.

Code), as follows:

1. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)

Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory... (Gov. Code, § 65583, subd. (c)(1).)

Nonvacant Sites: For your information, since nonvacant sites accommodate 50 percent or more of the lower-income need, the housing element must

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Attachment: Informational Item 1 - HCD Findings Letter (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Dan Schoenholz, Director

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describe “substantial evidence” that the existing use does not constitute an impediment for additional residential use on the site. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. The City can reach out to HCD at [email protected] for technical assistance.

2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities... (Gov. Code, § 65583, subd. (a)(5).)

Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c)(3).)

Constraints on Housing for Persons with Disabilities: The element must include an analysis of potential constraints on housing for persons with disabilities, as follows:

• Reasonable Accommodation: The element describes the City’s reasonable accommodation procedure, including listing approval findings. However, the element must analyze the approval findings.

Specifically, the procedure requires a finding that the accommodation does not result in “substantial detriment of the residential character of that neighborhood”. The element should evaluate whether this finding acts as a constraint and add a program to address identified constraints.

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• Definition of Family: The element describes the City’s definition of family and concludes the definition is not a constraint on housing for persons with disabilities. However, the element must include analysis to support this conclusion. For example, the City’s definition requires persons to have made a social, economic and psychological commitment to each other. The element should evaluate potential impacts of this provision on housing for persons with disabilities and add or modify programs to address identified constraints. • Program 69 (Barriers for Large Residential Care Facilities): The program commits to amend zoning to permit group homes for seven or more persons by-right in multifamily and mixed-use zones.

However, the program should also commit to allow these uses in lesser intensity residential zones (e.g., single-family) and should clarify these uses will only be subject to objective standards to facilitate approval certainty similar to other residential uses of the same type.

3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)

Programs: The element includes many meaningful actions to affirmatively further fair housing (AFFH). However, in most cases, these actions should also include geographic targeting and metrics or numerical outcomes. For example, Program 3 (Minor Home Repair) could geographically target areas of higher need or relatively lower-incomes and include a numerical outcome (e.g., number of units). HCD will send sample program approaches under separate cover.

4. The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov.

Code, § 65583, subd. (c)(7).)

While the element discusses how internal consistency will be achieved with other elements of the general plan as part of the housing element update (p. 1-1), it should also discuss how internal consistency within the general plan will be maintained throughout the planning period. For example, the element could discuss how internal consistency is evaluated as part of general plan updates or amendments or as part of the annual progress report pursuant to Government Code section 65400.

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The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements.

Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are completed.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html .

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Attachment: Informational Item 1 - HCD Findings Letter (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Dan Schoenholz, Director

Page 5 ends

HCD appreciates the responsiveness, dedication, and collaboration the City’s housing element team provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Shawn Danino, of our staff, at [email protected]
.

Sincerely,

Paul McDougall
Senior Program Manager

5.A.c
Packet Pg. 93
Attachment: Informational Item 1 - HCD Findings Letter (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Fremont Draft 1 Preliminary Review
Received 8/25/2022
Questions

Page # Question Response
2-24 Prohousing – Status? Upcoming
opportunities? Add a program?
The City looks forward to continuing to
work with HCD to explore the possibility
of obtaining a pro-housing designation, as
discussed in Program 53.
4-32 Housing conditions – citywide
estimates? # of units in need of rehab
and replacement.

An estimate has been added on page 4-34.
5-11 Transitional and supportive housing –
permitted in D-E zone like
multifamily?
Program 76 has been updated to include
this correction.
5-32 Fees – any mitigations for infill, TOD,
special needs, park rich areas?
The City recently updated its Development
Impact Fees in June 2021 and added a
program to reduce fees by 50% for
affordable housing projects. Program 25
involves periodic review of the impact fee
schedule. Additional programs could be
considered in the future depending on
identified goals and the demonstrated
effectiveness of the current fee reduction
program.
5-35 Fees – townhome at approx. $125
per unit?
The table (now on 5-39) has been revised.

In the previous version, staff used
inconsistent assumptions about affordable
housing in-lieu fees, which made townhome
fees appear higher than single-family home
fees, when in fact they are ~$40,000/unit
lower for a new subdivision.

General Transparency – zoning, development
standards and fees posted on the
website?
All zoning standards and fees are posted on
the City’s website. This is now indicated on
page 5-20 (standards) and 5-35 (fees).

5.A.d
Packet Pg. 94
Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Fremont Draft 1 Preliminary Review
Received 8/25/2022
Preliminary Checklist

Topic Notes Revisions
Page Number
Prelim
Review
Housing Needs Assessment
Lower
income
overpayment
Quantify and analyze tenure 4-44 through 4-46
Extremely
low-income
Expand discussion including
disproportionate impacts,
comparisons to other income
groups, effectiveness of past
strategies and magnitude of
needs (including projected)
Disproportionate impacts based
on income are discussed in AFFH
Chapter:
 Homelessness: 7-74
 Tenure: 7-80
 Cost-burden: 7-85, 7-86
 Overcrowding: 7-91, 7-92
 Substandard housing: 7-95
 Displacement: 7-99 to 7-103
Past strategies analyzed on 6-7.

Magnitude of needs on 4-16 and
4-17.

Housing
conditions
Estimate or clarify city-wide
need for rehabilitation and
replacement
4-34 through 3-36
Housing
Costs
Add local data beyond ACS 4-39, 4-42
Affirmatively Furthering Fair Housing
Local Data
and
Knowledge
Complement state and federal
data with local knowledge (e.g.,
analysis of impediments,
outreach, CIP, other planning
documents, city staff
knowledge)
Staff has added additional local
knowledge throughout the AFFH
Chapter:
 Connections to Alameda
County AI: 7-1, 7-10, 7-11, 7-
12, 7-40, 7-72, 7-76
 Outreach: 7-30, 7-44, 7-52
 CIP: 7-65, 7-66, 7-67
 Other planning documents:
7-64, 7-78, 7-112

5.A.d
Packet Pg. 95
Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE)  Staff knowledge: 7-30, 7-98
Other
relevant
factors
Complement state and federal
data with other relevant factors
such as historical land use
(zoning, initiatives, growth
control), federal and state
investment that impacted
socio-economic patterns, CIP,
redevelopment areas)
Staff has added additional
context and information
throughout the AFFH Chapter:
 Historic land use: 7-31, 7-37
 Federal/state investment: 7-
66, 7-104
 CIP: 7-65, 7-66, 7-67
 Redevelopment: 7-99, 7-101,
7-103
Contributing
factors
Prioritize list (e.g., high,
medium, low)
7-3
Goals and
Actions
TBD – HCD to re-evaluate Acknowledged.

Sites Inventory and Analysis
RHNA
Progress
Demonstrate pipeline will be
built in the planning periods and
support conclusions with
discussion of anticipated steps,
any known barriers, presence
or absence of phasing, typical
completion rates, drop out
rates, etc.

Discussion regarding typical
completion rates and potential
barriers to completion.

Adjustment factors added to
pipeline projects based on
analysis of previous Housing
Element.

8-4

Infrastructure Clarify sufficient water and
sewer for the RHNA
Discussion has been added to
regarding priority service
allocations for water and sewer
for lower income households.

5-32

Small sites Support conclusion about
common ownership and
consolidation with recent
trends by affordability or other
discussion of site characteristics
Examples provided of small lots
consolidated to facilitate an
affordable housing project.

Characteristics of the lots that
made them appropriate for
consolidation were provided, as
well confirmation that
consolidated inventory sites
were consistent with these
characteristics.

8-29

5.A.d
Packet Pg. 96
Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Environmental
constraints
Add discussion on any other
known conditions and impacts
on identified sites (shape,
easements, conditions,
compatibility)
Discussion added regarding
known environmental constraints
for inventory sites. Additional
adjustment factors added.

Nonvacant  Add discussion of trends to
support factors (e.g., ILV,
age, existing FAR) and
relate to identified sites
with some typical examples
 FYI – 50% nonvacant finding
in adoption resolution
Discussion has been added that
identified market conditions
correspond with observed
trends that led to residential
development. Representative
development projects reflecting
each trend were cited. Language
was added indicating the sites
inventory table keys market
trends with specific inventory
sites.

8-26

Adopting resolution will include
appropriate 50% nonvacant
finding.

Publicly
owned sites
For BART, Discuss steps, any
known barriers, development
schedule, necessary steps and
anticipated completion
8-39
ADUs Rescale assumptions closer to
recent four-year trend (60
units/year)
ADU assumptions have been
recalled to 60 units/year.

8-26

Electronic
sites
FYI Acknowledged.

Zoning for a Variety of Housing Types
Emergency
Shelters
Clarify by right is without
discretionary action and
areas/sites are not in areas unfit
for human habitation (discuss
other allowed uses)
5-17
Transitional
and
supportive
Clarify D-E zone or correct
table
5-12, 2-35
Governmental and Non-governmental Constraints

5.A.d
Packet Pg. 97
Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE) On- and off-
site
improvements
List improvement requirements
for typical/anticipated
development and evaluate cost
impacts
5-32
Transparency Clarify zoning, development
standards and fees are posted
or add a program
5-20, 5-35
Fees Evaluate as a constraint and
consider additional mitigation
programs (beyond affordable)
5-35
Persons with
disabilities
 Reasonable
accommodation: list
approval findings and
evaluate
 Describe and evaluate any
definition of family used in
zoning and land use
 Clarify where and how
group homes (7 or more
persons) are permitted and
add program
 Reasonable accommodation
information on 5-14 and 5-15
 Definition of family on 5-14
 Group home discussion on 5-

14. There is a program to
remove zoning barriers for
large residential care facilities
on page 2-33.

At-risk Preservation
Add list of qualified entities 4-33
Housing Programs
Beneficial
Impact
Add discrete timing (e.g., at
least annually or date) for
Programs 39, 52 and 53
 Program 39 updated to
include specific commitment
to AHSC funding.
 Program 52 updated to
include specific commitment
to apply to Homekey 3.0.
 Program 53 updated to
include specific commitment
to eligibility fo
r PLHA funding.

Sites  Depends on complete
analysis
 Public lands/BART: add
schedule of actions,
including numeric targets
with affordability – HCD to
assist with language
2-30
Constraints Depends on complete analysis Acknowledged.

5.A.d
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Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE) AFFH TBD – HCD to re-review Acknowledged.

At-risk Add commitment to complying
with noticing requirements,
outreach and coordination with
qualified entities and education,
outreach and support for
tenants
2-8
ADU Add specific commitment to
monitor more frequently
2-40, 2-41
Quantified Objectives
2-42  Add objectives for
rehabilitation
 Add conservation objectives
beyond at-risk, can include
MHP, vouchers, tenant
stability, etc.

Objectives added for
rehabilitation based on Program
3 (Minor Home Repair Grant
Program).

Program 7 regarding Mobile
Home Park preservation has
been incorporated into
conservation objective.

General Plan Consistency
Add discussion of how
consistency will be maintained
throughout the planning period
5-9
Questions, Follow Ups, FYI, To Be Determined
FYI 50% nonvacant resolution
finding in the adopted
Acknowledged.

FYI Electronic sites inventory Acknowledged.

FYI Rezoning timing (within 1 year)
if compliance is late, including
prior identified sites by right
(Program 44)
Acknowledged.

TBD Public comments Acknowledged.

TBD ADU ordinance and HCD
review
Acknowledged.

TBD HAU inquiries Acknowledged.

TBD BART work plan Acknowledged.

TBD Other follows ups Acknowledged.

In addition to the edits requested by HCD, staff has made the following additional modifications to further update and strengthen the 2023-2031 Housing Element:

5.A.d
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Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE)

Revision Page Numbers
Goals, Policies, and Programs
Program 33 has been updated to commit to a bonus ADU program. 2-18 Programs 35, 37, and 40 have been revised to strengthen and explicitly state their connection to affirmatively furthering fair housing. 2-19, 2-20. 2-21
Program 35 has been updated to reflect the requirements of AB 2097. 2-19 Program 62 has been revised to clarify that the City submitted a Homekey

2.0 application and has assembled a shortlist of strong potential Homekey sites. The program’s timeline has been revised to commit to apply for Homekey 3.0 funding when the NOFA is released.
2-29
Program 89 has been added, which requires that staff annually identify residential development projects that were approved below maximum density and assess whether development standards precluded development at maximum density. Where development standards have been shown to preclude development at maximum density, the development standard shall be modified.
2-42
Program 90 has been added to identify sites that were made available for housing under SB 6 and AB 2011 and publish them on the City’s webpage along with the remainder of inventory sites.
2-43
Affirmatively Furthering Fair Housing
A regional analysis of disproportionate housing needs has been added.  Homelessness: 7-74  Tenancy: 7-77
 Cost burden: 7-82
 Overcrowded
households: 7-89
 Substandard housing: 7-
94  Displacement: 7-97, 7-
98, and 7-101
 Displacement due to
Natural Disasters: 7-
104 to 7-109
Stronger ties between identified issues and proposed policies have been added throughout the AFFH chapter.
7-10, 7-38, 7-47, 7-54, and
7-113
Additional analysis has been added to show how the largest sites in the inventory support access to opportunity.
7-115 and 7-116
Sites Inventory
Average residential density in Commercial Town-Center district corrected from 33 to 39 du/ac.
8-30
Additional data added to various representative project tables.

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Attachment: Informational Item 2 - Summary of revisions based on preliminary HCD comments (4779 : 2023-2031 HOUSING ELEMENT UPDATE)

5.A.e
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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE)

5.A.e
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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Attachment 1 - Additional Responses to Public Comments
Co
mment Letter #29
Residents for Residential Development
December 8, 2022

29.1 . The commenter opines that existing leases, CC&Rs, and reciprocal parking and access rights serve as impediments to redevelopment of retail centers with housing, and therefore should not be counted as inventory sites.

Th
e commenter cites Site 118 in the Sites Inventory (39160 Paseo Padre Parkway) as a “good test case” to argue that redevelopment will not occur in retail centers because existing lease agreements, reciprocal parking, and CC&Rs serve as impediments to redevelopment. The commenter requests that the City provide substantial evidence demonstrating that this site may be redeveloped with housing for this “test case.”
The
City’s older shopping centers and commercial uses are among the strongest and most probable sites in the City for new housing development during the upcoming planning period. As discussed in Chapter 8 of the Housing Element, their viability for redevelopment is evidenced by a facilitative policy and regulatory framework, a proven track record in the City for redeveloping similar sites with housing, a clear trend of development activity and developer interest on similar sites, established market trends regarding viability of commercial uses and likelihood for redevelopment, and strong Housing Element programs supporting the redevelopment of these sites
The City’s policy and regulatory framework facilitates the redevelopment of commercial centers. Redevelopment of older shopping centers and commercial uses with housing is a core principle of the City’s strategically urban growth framework in the 2011 Fremont General Plan.

Land Use Element Policy 2-4.6 calls for redevelopment of commercial centers, and Land Use Element Policy 2-4.12 calls for multi-family housing to be a key component of retail center redevelopment. Implementation Measure 2-4.6 calls for evaluation and “pruning” back of underperforming commercial centers. This specific implementation measure led to the preparation of retail and commercial strategy studies for the Irvington and Mission San Jose Districts, which went on to support housing projects on commercial sites, including the multi- family residential Boulevard Heights project in the Irvington District built on the former Connolly’s Shopping Center.

The presence of parking, use, lease and access agreements are fairly common for commercial centers, but do not impede their redevelopment, as shown through the City’s track record of developing such sites and addressing these complexities. For example, the Fremont Bank Residences project was successfully entitled with the City entitlement process resolving a dispute among property owners regarding parking rights. The Fremont Hub Mixed-Use project coordinates redevelopment in an area of the shopping center that does not disrupt the commercial activity of other users, and relocates an existing tenant with a lease agreement into an alternative space. Various national, statewide and regional studies, such as “Residential Redevelopment of Commercially Zoned Land in California” (December 2020) by the Terner Center point to increasing underutilization of retail properties and high vacancy rates of commercial centers, as accelerated by the COVID-19 pandemic, that enhance the probability of redevelopment of these sites.

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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Chapter 8 describes market conditions consistent with recent redevelopment in the City, including physical underutilization; economic obsolescence of existing uses as indicated by vacancies (particularly anchor tenant vacancies), blight, or low improvement-to-land value ratios; developer and/or property owner interest in residential or mixed-use development; and site location in high resource areas, opportunity zones, or near high quality transit. Inventory sites are keyed to these characteristics, and each site is associated with multiple characteristics evidencing their likelihood for redevelopment.

Planning Division staff receives regular development interest on commercial centers in the inventory, and multiple proposals for residential development projects on commercial sites have been received and processed, as listed in Chapter 8.

The Draft Housing Element includes various programs specifically aimed at unlocking the development potential of these sites, including Program 35 establishing minimum density on commercial mixed-use sites outside of TOD areas, Program 36 updating mixed-use zoning standards to support housing, Program 34 eliminating minimum parking near transit, Program 37 increasing maximum FARs in various commercial zones, and Program 17 adopting objective design standards, among others. Staff is committed to continuing to engage with the community to discuss other potential ideas and measures to further facilitate redevelopment of these sites.

Regarding the test case (Site 118) proposed by the commenter, parking and lease agreements exist in the shopping center, but do not impede residential development. Sufficient land area exists at the site, particularly in the southern end of the shopping center, and in the rear of the shopping center facing the Fremont BART Station to support various partial redevelopment configurations, as conceptually diagrammed and analyzed in the City Center Community Plan.

The City Center Community Plan provides maximum flexibility for development with a provision allowing for “incremental compliance” so that planned housing projects on portions of these kinds of sites can move forward while accommodating existing users that remain. With the location of the site within ½ mile of the Fremont BART Station and through implementation of Program 34, the site would not be non-conforming with regards to parking no matter how much of the parking area is redeveloped. The City Center-Urban Office Zoning District provides for development up to 120 feet in height with no maximum density, providing for significant residential development potential, which is intentionally underestimated in the Housing Element sites inventory in order to be conservative. Not surprisingly, since the publication of the Draft Housing Element, a Preliminary Review Procedure application and a Preliminary Application pursuant to SB 330 were submitted by the property owner to redevelop a portion of the test case site with multi-family housing through the demolition of an anchor tenant space and redevelopment of underutilized parking area. Based on the information discussed above, and the presence of an actual development proposal on the site, there is substantial evidence that Site 118 is likely to be redeveloped with housing during the planning period. This good test case is indicative of the strong development potential of the shopping center and commercial use sites in the inventory.

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Fremont For Everyone
December 19, 2022

30.1. The commenter expresses support for the comments and recommendations in HCD’s findings letter dated November 22, 2022.

Staff have incorporated HCD’s recommendations into the Adoption Draft of the Housing Element, as described in the December 22, 2022 Planning Commission Staff Report.

30.2. The commenter advocates for proactive code enforcement for substandard housing violations.

The targeted proactive code enforcement activities described in the Housing Element maximize the effectiveness of limited code compliance resources to address substandard housing. The City has additionally added a component to Program 2 (Training for Apartment Owners and Property Managers) to do targeted, proactive outreach regarding code compliance requirements within neighborhoods with the highest incidence of substandard housing.

30.3. The commenter advocates for amending Program 33 (Add Intensity in High Resource Single-Family Neighborhoods near Transit) to utilize SB 10 to allow up to 10 units per lot, and/or allow for additional ADUs on lots created through an SB 9 urban lot split.

Program 33 is focused on adding density to single-family neighborhoods near transit. Lot sizes within the targeted neighborhoods are typically around 6,000 square feet in area. When the City has previously rezoned lots of this size to allow small apartment buildings, there has not been significant interest in redevelopment. For example, the Bay Street Planned District allows up to six units on multiple 5,000 square foot lots in the Irvington Town Center. None of these parcels have re-developed since the adoption of the Planned District in 2007, and only one parcel has been entitled. This is despite permissive zoning standards, including no vehicular parking requirements, intended to facilitate high-density residential development. The City understands that financing and liability assignment currently discourage these types of small-scale projects even when the zoning is permissive.

Based on these historic permitting trends, City staff feel that it is significantly more likely that these lots are re-developed with additional ADUs compared to small apartment projects.

Therefore, the City has committed to developing a bonus ADU program as the most feasible option for adding density within these neighborhoods.

Program 32 involves developing a local ordinance to implement SB 9 that applies to the entire City. This program requires that the City implement SB 9 in a way that facilitates new homeownership opportunities, which may include allowing ADUs on lots created through SB 9 urban lot splits.

30.4. The commenter asks why reused sites from previous Housing Element cycles will be redeveloped with housing during the current cycle. The commenter also asks if more can be done to encourage redevelopment of these reused sites.

Chapter 2 of the Draft Housing Element commits to a slate of implementation measures with a stated goal of promoting the production of new affordable and market rate housing on these sites, including Program 44 to allow for by-right approval of projects with 20% affordable units,

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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Program 40 to promote the inventory of opportunity sites, and Program 17 to develop objective design standards to provide a predictable basis to review housing projects. During the upcoming planning period, the City will remain committed to looking for new ways and opportunities, and listening to ideas from the community, to meet the City’s housing goals.

30. 5. The commenter recommends adoption of an ordinance that allows for maximum floor area to be calculated based on the size of an entire commercial center in cases where a commercial center consists of multiple lots.

C
ity development standards are written based on a single lot because it is a unit of ownership. A shopping center with multiple lots may be owned by multiple different entities. In this case, if floor area ratio is calculated for the entire shopping center, it would mean that the owner that decided to build first would be able to construct to a higher intensity, and other owners who wanted to build in the future would be limited. This is not a consistent or equitable pattern of development. If multiple lots are owned by the same property owner or the property owners collaborate on a development proposal, then they can apply for a by-right, ministerial lot combination in order to combine the lots and apply the floor area ratio standard to the entire shopping center as a single unit of development.

In
Program 36, the City has committed to developing a new mixed-use ordinance. As part of the development of that ordinance, staff will examine how the standards would apply to non- standard sites, such as incremental shopping center redevelopments, in order to make sure that they do not constrain redevelopment.

30. 6. The commenter asks why some inventory sites, such as Site 268, can have a lower number of units in the sites inventory than currently exist. For example, Site 268 shows the existing use as a triplex, but the Sites Inventory only shows two units.

T he sites inventory indicates net new units. For example, Site 268 is assumed to have capacity to accommodate two additional units beyond the three that currently exist at the site.

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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) December 19, 2022To: City of Fremont, California Department of Housing and Community DevelopmentRe: Housing Element Public Comment Fremont For Everyone supports the California Housing and Community Development (HCD)written comments to Fremont's proposed Housing Element. 1 We thank HCD for theirthoroughness and support all of the concerns and recommendations that they raised.

We have a few further suggestions, many of which are based on Fremont’s response to ourearlier comments.

In regard to Programs:

1. Fremont for Everyone would like to see stronger language on proactive enforcement forsubstandard housing violations. We appreciate the city for adding language to Program1 around proactive enforcement in response to our previous public comments, however,we don’t feel that the language goes far enough. The current language relies on oneunit in an apartment complex to make the first complaint before the city proactivelyinspects other units.

Proactive enforcement should not require any resident complaint. Rather, the Cityshould initiate random inspections. This protects tenants in various ways. In acomplaint-based system, landlords can retaliate against tenants who make complaints.In a proactive system, landlords would know that there may not have been any tenantswho complained, so they should be less likely to retaliate.

Proactive enforcement language should further explicitly mention that these randominspections should check for ADA violations and that the City should enforce remedyingaccessibility issues that are found. It should be clarified in plain language, that inaccordance with existing law, the tenant must not be forced to pay the cost of ADAaccessibility renovations; instead the landlord must pay for these changes as part of theirduty without displacing the current tenants or causing undue hardship on each tenant. 1 https://www.fremont.gov/home/showpublisheddocument/12005

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2. For Program 33, we applaud Fremont for adding a specific commitment. However, wefeel that it does not go far enough to take advantage of the high value of the land inthose areas. We encourage Fremont to alter the base zoning through SB 10 to allowmore homes per lot in more configurations, not limited to the ADU configuration, up to 10units per lot. Instead or in addition, the Program could explicitly clarify that the additionalADUs could be added on lots created through an SB 9 urban lot split.

In regard to the Sites Inventory:

1. In our previous public comment, we raised a concern about the large number of siteswhere AB 1397 applies, that is to say, sites that have appeared on previous housingelements already. The City responded to that part of our letter under the label 8.46;however, the specific concern about the number of AB 1397 sites was not addressed.Specifically, we would like to understand, given that these sites have not seendevelopment during previous 8-year cycles, what has changed so that the City believesthere is a good chance they will be developed in this cycle? Certainly, thanks to AB1397 and the corresponding overlay zone (noted in Program 44), they now enjoy by-rightapproval for projects that contain enough affordable housing units. Does the city believethat that is sufficient that most of these sites will get developed this time? Is there morethat can be done to facilitate development on these sites, such as zoning them toaccommodate higher density?

2. Many of the high-unit-count sites are based on partial redevelopment of active shoppingcenters. While we agree that these would be excellent sites for housing due to theaccess to groceries, restaurants, and other amenities in these shopping centers, thereare many challenges to this pattern of partial redevelopment. To help ensuredevelopment on these sites is a success, we recommend the city adopt an ordinance toallow homebuilders to maximize density by calculating the Floor Area Ratio based on thesize of the full parcel, even in the case that said full parcel has been split into separatelots, for purposes of conforming to maximum densities specified by the zoning code.

3. There are some sites as an example and not limited to #268 (4440 Decoto Rd) wherethe existing use is already housing. For that particular site, the existing use is listed as“triplex,” while the proposed redeveloped use is 2 units, which appears to be a netdecrease in housing units. It’s unclear how that would be consistent with SB 8, theHousing Crisis Act, or how it would add to the housing stock.

Thank you for your time and consideration, and for all your hard work on the Housing Element.

Sincerely,Fremont for Everyone

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Appendix B
Response to Public
Comments
Purpose
The first public comment period for the Draft 2023-2031 Housing Element ran from July 8, 2022 through August 8, 2022. In order to illustrate how the revised draft reflects public input received during the comment period, staff have prepared a response to comments. The response distills the major feedback provided in each written public comment submitted during the public comment period and indicates how it has been addressed in the revised Draft 2023-2031 Housing Element.

Comments are ordered alphabetically by organization name or by first name of the individual commenting.

Many comments noted the issue of tree preservation. A Topical Response to this issue has been prepared.

Topical Responses
Topical Response #1 – Tree Preservation
Multiple comments advocate for robust tree protection requirements for new housing development.

The Community Character and Conservation Elements of the General Plan acknowledge that trees are a valuable aesthetic, ecological and economic resource in the City of Fremont and include various policies and programs to promote the protection and preservation of trees in the community. The policies and programs contained in the Housing Element will not conflict with the policies and programs in the other element of the General Plan pertaining to tree preservation.

The City will continue to advocate for the protection of trees through implementation of the City’s Tree Preservation Ordinance, development of an Urban Forest Master Plan, and application of landscape development requirements and standards on new development projects.

Housing Element Program 17 has been amended to identify the preservation of the urban forest as a component of the “highest level of design quality” of residential development projects:

Program 17. Develop and Refine Objective Design Standards Consistent with State Law to Provide a Predictable Basis to Review Housing Projects.

The City shall revise existing design guidelines to encourage the highest level of design quality, while at the same time reducing delays and uncertainty for developers by providing clear direction on the required standards. The “highest level of design quality” refers to development that is safe, aesthetically pleasing, harmonious with its setting, respects privacy and views, preserves valuable community resources such as trees and historic resources, and supports a more sustainable community.

Attachment 2 - Updated Appendix B

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Responses to Comments

Comment Letter #1
Bay Area Rapid Transit (BART)
July 25, 2022

1.1. The commenter indicates that BART has funding and staffing constraints that will limit the amount of TOD development that can take place on its station properties in the near term. With its limited resources, BART must prioritize TOD development in its station areas based on the following three criteria:

1. Market readiness for TOD

2. Local support for TOD

3. Infrastructure needs

In recognition of BART’s need to prioritize development on its station properties, Program 63 has been expanded to better position the Fremont BART Station site to compete for resources under the prioritization criteria identified by BART:

Program 63. Prioritize Affordable Housing on Public Property.

Given that land costs are a significant constraint to housing development, land already owned by public agencies shall be prioritized for the development of affordable housing.

The City shall regularly review the inventory of City-owned surplus, vacant, or underused land, no longer needed for current or foreseeable future public operations, that should be considered for sale or lease for development of affordable housing and/or shelters.

The City shall prioritize the review of sites within high resource are as and comply with all requirements of the Surplus Lands Act.

The City shall also work with other public agencies to prioritize development of affordable housing on their properties and remove barriers to the construction of affordable housing on those lands.

The Fremont BART Station in particular has an underutilized parking area that could provide an opportunity for affordable housing near transit. To facilitate development on the Fremont BART Station site, the City shall take the following actions:

• Explore avenues to remain competitive for state funding resources for affordable housing. This may include obtaining the State’s Pro-Housing designation, as discussed in Program 53.
• Conduct community and developer engagement around future TOD development at the Fremont BART Station site regarding development constraints, issues (including parking management near the station, and design parameters reflecting relevant guidelines, policies, and regulations adopted by BART and the City of Fremont.

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Comment Letter #2
Bay Area Rapid Transit (BART)
August 3, 2022

2.1. The commenter expresses concern that a 100% affordable project would not be financially feasible on the Fremont BART Station site due to the cost of developing BART land and related parking improvements.

The City’s methodology for assigning affordability levels to Housing Element sites categorizes sites that provide for a residential density above 30 dwelling units per acre (DU/AC) and are between

0.5 and 10 acres in size as being su itable for development of housing affordable to lower -income households. The assignment of a site as being suitable for development of housing affordable to lower-income households does not preclude the development of market rate housing on the site in the future.

Fremont recognizes that market rate housing may be a component of a future TOD project at the Fremont BART Station. The underlying City Center Transit Neighborhood (CC -TN) zoning designation allows for both affordable and market rate housing abo ve the baseline density of 75 DU/AC identified in BART’s adopted TOD Guidelines and AB 2923. The CC -TN zoning district has no maximum density and allows building heights up to twelve stories (145 feet) in height without accounting for additional height allowances provided under state density bonus law. Based on these parameters, significant residential development capacity exists above the target provided for in the Housing Element. The unit count in the Housing Element for the Fremont BART Station site is intended to be a highly conservative target that does not reflect the full development potential of the site.

Comment Letter #3
Building Industry Association (BIA)
July 1, 2022

3.1. The commenter recommends that the City analyze development regulations including parking, FAR, height, density ranges, moratoriums on conversions of non -residential zoned land, and requiring commercial square footage within mixed use projects.

Refer to pa ges 5-18 through 5-26 for a discussion of development standards, including parking requirements, FAR, height, and density ranges.

The City of Fremont does not have any moratoriums on the conversion of non-residential zoned land. Proposals that involve cha nging a land use designation would proceed through the City’s General Plan Amendment process.

Refer to page 5-25 for a discussion of commercial square footage requirements in mixed -use zones. This section has been retitled “Minimum Commercial Component and Floor Area Ratio in Commercial Zones” in order to clarify that it contains a discussion of mixed-use requirements.

Proposed Program 36 would update the mixed-use development standards to enhance their clarity and help promote thriving retail corridors while not unduly burdening housing development.

3.2. The commenter recommends that the City analyze mitigation fees including park dedication fees and affordable housing fees.

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Refer to page 5 -31 for a discussion of development impact fees , including park dedication fees.

Refer to page 5-29 for a discussion of affordable housing in-lieu fees.

3.3. The commenter recommends that the City analyze inclusionary housing mandates , community benefit plans, and “above and beyond” dedication requirements.

Refer to page 5 -29 for a discussion of the City’s affordable housing ordinan ce. Developers may choose from multiple compliance options, among them inclusionary on-site housing.

The following text regarding the City’s Art District programs has been added to page 5-34:

Art District Programs
The City of Fremont has established Art District programs within the City Center, Downtown, Warm Springs, and Ardenwood Technology Park areas. These programs are intended to promote the arts, provide art education, and spur economic development by creating an attractive pedestrian environment. The current Art District Fee is set at $0.62 per gross square foot of new construction in all Art Districts. This fee is subject to an annual automatic escalation based on the Consumer Price Index (CPI ). For construction projects with more than 100,000 square feet of gross area, the developer may choose to provide on-site artwork, of equivalent value, in lieu of paying up to 50% of the fee.

The following text regarding dedication requirements has been added to page 5-28:

Street Dedication and Improvements
The City’s Engineering Division requires that developers dedicate frontage to the City when it is required for the construction of public right-of-way improvements, such as roadways and sidewalks. The City requests the minimum dedication necessary to bring the adjacent street and sidewalk into conformance with the geometry called for within the General Plan. Developers are also required to fund and construct street improvements along the project street front age, including curb, gutter, and sidewalk. As required by state law, the City exempts certain types of development, including accessory dwelling units, from street dedication and improvement requirements.

3.4. The commenter recommends that the City analyze environmental constraints including fault zones and historic buildings/neighborhoods.

Refer to page 5 -27 for a discussion of environmental constraints, including geologic hazards, historic resources, and fire hazard areas. These factors were integrated into the site selection and site capacity methodology, as discussed in Chapter 8.

3.5. The commenter recommends that the City analyze new taxes, including parcel taxes, community facilities districts, and revenue neutral development.

The following text regarding additional taxes has been added on page 5-29:

Community Facilities Districts
Community facilities districts (CFDs) are special tax districts that allow the City to obtain additional funding for various infrastructure improvements. In some cities, CFDs are used similar to development impact fees in that new residential developments are required to enter a CFD in order t o fund anticipated infrastructure maintenance. There are currently two CFDs within

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Fremont: one in Pacific Commons and another in Warm Springs . Both CFDs contain exclusively commercial and industrial parcels. The Housing Element does not require or anticip ate the establishment of any additional CFDs for residential development. The Housing Element does not propose any new parcel taxes or other taxes on residential development.

3.6. The commenter recommends that the City analyze mandated labor requirements, including project labor agreements, prevailing wage requirements, local workforce requirements, union apprenticeship requirements, and local business sourcing requirements.

The City does not have any mandated labor requirements , and none are proposed under the 2023-2031 Housing Element. Projects requesting review pursuant to certain state laws (i.e. SB 35) may be subject to mandated labor requirements as required in state law.

3.7. The commenter recommends that the City analyze citizen concerns, such as NIMBY -ism and CEQA lawsuits.

Refer to page 5 -5 for a discussion of community concerns related to housing development.

Community concerns about housing growth are identified as a major constraint to development on page 5 -2. Programs 21 and 28 aim to bolster community support for housing and increase awareness of the benefits and need for providing housing within the community.

Refer to page 5-38 for a discussion of the environmental review process. Additional text regarding CEQA lawsuits has been added to page 5-38, as follows:

Environmental review is a major determining factor for the length of time needed to process a development application. When a project is not subject to environmental review, the processing time can be significantly sho rtened. When a project is subject to environmental review, additional time may be required to co mplete technical studies, evaluate the applicability of exemptions, and potentially prepare an Initial Study document.

Environmental determinations are also subject to judicial challenge. Projects subject to CEQA may be additionally held up by lawsuits challenging the adequacy of environmental documents. Within the past planning period, the City is aware of one CEQA lawsuit filed against a housing project within the City of Fremont. This indicates the slight, but real, possibility of such challenges and associated delays.

3.8. The commenter recommends that the City analyze permit processing times.

Refer to pages 5-36 through 5-40 for a discussion of permit processing times.

3.9. The commenter recommends that the City analyze land costs and construction costs.

Refer to pages 5-4 and 5-5 for a discussion of land costs and direct/indirect development costs.

Comment Letter #4
Coalition for Fair Housing Elements (CFHE)
July 8, 2022

4.1. The commenter expresses concern that a program to redesignate land to higher densities has been removed. The commenter asks the City to add additional programs to increase residential density.

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To clarify, t he previous program referenced, Program 3.02 -C, did not involve City -initiated rezoning of land to higher intensities. Program 3.02-C involved the City’s consideration of General Plan Screening requests as they are received from private developers. This process remains unchanged even though the program highlighting it has been removed . The Draft 2023 -2031 Housing Element commits the City to taking specific, measurable initiatives to increase density rather than only reacting to private development proposals . These increases in density will be concentrated within the transit -oriented development areas, consistent with the vision for strategic urbanism in the General Plan. However, they will not be exclusively with in TOD areas.

Refer to the following programs:

• Program 33. Add Intensity in High Resource Single-Family Neighborhoods within TODs. • Program 35. Set Density Minimums Outside of TODs.
• Program 37. Update Zoning to Reflect Intensity Permitted Under SB 478. • Program 38. Update Community Plans as Needed.

Note on page 2 -17 that the language in Program 33 has been updated to reflect the City’s commitment to implement this program, although a specific zoning mechanism for the program has not been finalized yet.

4.2. The commenter asks the City to increase density within existing single-family neighborhoods.

Under state law, properties zoned for single-family residential use can now re-develop with up to four units by-right pursuant to SB 9. This would result in a density of nearly 30 DU/AC on a standard 6,000 square foot lot. Program 32 requires that the City develop a local ordinance implementing SB 9 in a way that facilitates its adoption within existing neighborhoods. This program will add density to existing single -family neighborhoods in a way that is most practical given existing lot sizes, ownership patterns, and financing options.

4.3. The commenter asks the City to take additional actions to streamline project approvals, including Planned Districts and design guidelines.

Refer to Program 5, page 2-6, for actions to streamline development within existing Planned Districts. While Planned Districts do take additional time to review, they allow developers additional flexibility in designing custom regulations and can facilitate the development of particularly challenging sites. The City reviewed 13 Planned District developments during the past planning period, which is a small portion of overall development activity.

Refer to Program 17, page 2 -11, for actions to update and refine the City’s objective design standards. Existing design guidelines, including the Multifamily Design Guidelines mentioned in the comment, will be updated to help reduce delays and uncertainty for developers.

4.4. The commenter asks the City to lower development impact fees and permitting fees.

Refer to Program 50, which reduces development impact fees for affordable housing, and Program 51, which waives all development imp act fees for ADUs. The remaining fees for a typical ADU development consist of $7,040 in outside agency fees (which the City cannot alter) and $7,120 in City permitting fees. City permitting fees are charged on a “cost -recovery” basis, meaning that the fees charged to homeowners reflect the staff time spent on administration, review, and inspection for the ADU project. Programs 24, 30, and 31, which streamline ADU development,

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would assist with bringing down these development costs by reducing the amount of staff time that must be spent guiding homeowners through individual projects.

Comment Letter #5
Chaunie Langland
August 6, 2022

5.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #6
Diane Harvey
August 6, 2022

6.1. The commenter is concerned about the long-term impacts of proposed programs to waive development impact fees for ADUs and significantly reduce these fees for affordable housing projects.

Refer to page 5-12 for a discussion of accessory dwelling unit permitting. Notably, state law does not allow the City to charge impact fees for ADUs under 750 square feet in area. The City voluntarily chooses to waive impact fees for all ADUs (which can be up to 1,200 square feet in area) to simplify regulations and reduce costs, in order to facilitate these units. Rental data indicates that ADUs in the region are a source of housing that is affordable to lower-income and moderate-income households. Refer to page 8 -15 for discussion regarding the affordability of ADUs.

Refer to page 5-31 regarding a discussion of development impact fees . Development impact fees were identified a constraint on the production of affordable housing. A 50% reduction on traffic , parkland acquisition and park facilities development impact fees for deed -restricted affordabl e housing removes a key constraint to development.

6.2. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #7
Elizabeth Newell
August 7, 2022

7.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

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Comment Letter #8
Fremont For Everyone
August 8, 2022

8.1. The commenter recommends that staff proactively enforce anti-substandard housing provisions.

Refer to revised Program 1. After further discussion with Code Enforcement, staff have revised this program to include proactive investigation of substandard housing problems within apartment complexes. The City reserves the right to conduct p roactive code enforcement activities occur when there is a reasonable suspicion that systemic problems exist within an apartment building or complex of buildings. The following additional text has been added to Program 1:

Experience has shown that individual apartment s within one building have so much in common with each other that one unit has a likelihood of being representative of the others. Individual apartments at a property were all built at the same time, using the same materials, by the same work crews, and by the same design. The property owner stands to benefit if common problems are dealt with at once. The City reserves the right to conduct proactive enforcement activities when there is a reasonable suspicion that systemic problems exist within the building or complex.

8.2. The commenter recommends that the City hosts an annual training for tenants about their legal rights.

Refer to Program 13, which has been revised to add the following language about proactive trainings on tenant’s rights:

Program 13. Provide Education on Tenant’s Rights.

The City of Fremont contracts with Project Sentinel’s Fremont Fair Housing and Landlord/Tenant Servic es to pro vide education to tenants regarding their legal rights .

Project Sentinel provides fair housing information/education and investigates housing discrimination complaints. Project Sentinel also provides counseling services to tenants upon request. Counseling is provided relating to security deposits, repairs, right to entry, evictions, retaliations, and rent increases. As resources and funding are available, the City shall seek opportunities to expand educational opportunities through providing proactive training events or webinars for tenants.

8.3. The commenter recommends that the City increases walkability through gentle mixed -use zoning and provision of public realm amenities.

Allowing commercial uses within single-family residential zones is a larger land use question beyond the scope of the Housing Element. Other improvements mentioned such as sidewalks, tree cover, and bicycle infrastructure would be located within the public right -of-way. Refer to Program 6 for the program to fund improvements within the public right-of-way.

8.4. The commenter recommends that a minimum percentage of the Capital Improvements Program (CIP) budget be allocated to non-car infrastructure.

The Capital Improvements Program (CIP) budge t is a collaboration between multiple City divisions, but primarily involves the Public Works Division and City Manager’s Office. The Housing Element does not provide direction for CIP expenditures. Program 6 is included to demonstrate the City’s commitmen t to providing infrastructure for new and existing housing developments.

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Most CIP funding sources are restricted to specific purposes and percentage allocations of funding may inhibit the City’s ability to fully take advantage of all possible funding sources.

8.5. The commenter recommends tenant opportunity to purchase (TOPA) and good cause eviction protections for mobile homes.

Refer to page 5-15 for a discussion of issues facing mobile home renters and owners. AB 978 (Quirk-Silva, 2021) extended the just cause eviction protections of AB 1482 to mobile home renters and owners. Refer to Section 8.7 for a discussion of TOPA.

8.6. The commenter recommends levying a tax on condominium conversions.

The City’s condominium conversion ordinance already contains significant provisions to dissuade condominium conversions, as evidenced by the fact that the City has not seen any applications for condominium conversions during the current planning period (Refer to page s 6-6 and 6-14).

Additional restrictions on conversions are not warranted as a policy priority.

8.7. The commenter recommends changes to the Rent Review Program to strengthen enforcement, allow flexibility with hearing times, and address retaliation. The commenter also recommends tenant protection policies that would supplement existing protections under Fremont’s Rent Review Program and AB 1486.

In 2017 and 2019, the Fremont City Council considered a variety of tenant protection policies and voted to establish the current Rent Review Program. Per FMC 9.60.120, staff must annually prepare a report to the city council assessing the effectiveness of the rent review program and discuss any changes to the program as may be appropriate. Staff has not received direction from City Council to revisit or modify the Rent Review Program at this time. Program 12 has been updated in order to reflect the annual review requirements contained in FMC 9.60.120:

Program 12. Continue to Implement and Annually Review the Rent Review Ordinance.

In 2017, the Fremont City Council adopted the Rent Review Ordinanc e. The ordinance covers all residential rental units in Fremont, including single family homes. The Rent Review Program provides a review and formal hearing for proposed rent increases in excess of 5% in any 12-month period. A landlord must include information regarding the Rent Review Ordinance when providing notice of a rent increase. The City Council receives an update on the effectiveness of the Rent Review Ordinance each year .

Information from that report shall also be provided to HCD within the Housing Element Annual Progress Report.

8.8. The commenter recommends that the goal for program 15 is greater than 10 families per year.

This is a typo; the objective was mistakenly copied from Program 14. This program applies to all affordable housing units that b ecome available and assists more than 10 families per year. The exact number varies based on the number of deed -restricted units that come online, but historically has ranged between 50-400 families per year. The objective has been updated to reflect that this program is universally implemented during leasing. Refer to page 2-10.

8.9. The commenter recommends implementing a right to return for displaced tenants.

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Refer to Program 16 , which implements tenant protections in Government Code Section 65583.2(g)(3). This code section requires replacement units to be provided when lower-income housing is demolished on housing element inventory sites. SB 330, which is a separate state law, requires that lower-income tenants receive relocation assistance and a right to return when they are displaced by a housing development project.

Program 86.5 has been added to reflect the City’s commitment to enforcing these state laws through the development process:

Program 8 6.5. Improve Tracking and Enforcement of Tenant Protection Requirements.

The City shall implement procedures to identify projects where protected lower-income housing units are proposed for demolition and redevelopment. The City shall annually track the number of units subject to replacement under Government Code Section 65583.2(g)(3) and SB 330.

Please also refer to Section 8.7 of the comment response.

8.10. The commenter expresses support for Program 24 regarding ADU resources and recommends that similar resources are developed for SB 9 duplexes.

Refer to Program 32, which commits the City to create a one-stop assistance webpage to provide technical assistance for developments under SB 9, and to provide resources promoting high standard of design and best practices.

8.11. The commenter asks whether impact fees for affordable housing development can be eliminated or further reduced. The commenter mentions Fremont Unified School District (FUSD) impact fees and recommends that the City work to reduce those fees through the City Council – FUSD Liaison Committee or by sponsoring state legislation.

The City Council’s recent decision to reduce Traffic, Park Facilities, and Parkland fees by 50% for affordable housing units will drastically reduce costs and improve the efficiency of public spending for affordable housing. Pursuant to Program 25, the City will review and evaluate the fee structure every five years (next in 2026). The City Council could revisit the impact fees charged to affordable housing projects at that time based on the effectiveness of the current fee reduction program.

The City does not h ave the ability to control the development impact fees charged by outside agencies, including the Fremont Unified School District.

8.12. The commenter asks that the City add additional language to demonstrate commitment to Program 33.

Refer to page 2 -17. The language in Program 33 has been updated to reflect the City’s commitment to implement this program, although a specific zoning mechanism for the program has not been finalized yet.

8.13. The commenter requests that the City eliminate parking minimums or imp lement parking maximums citywide.

Refer to Program 34. The City is committing to reducing or eliminating parking requirements in TOD areas. The City will also study the feasibility and impacts of eliminating residential parking

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minimums citywide, with an emphasis on examining the requirements for “affordable-by-design” units.

8.14. The commenter recommends various policies to increase permitted residential density throughout the city, including setting a citywide general density floor , raising densities within TOD areas, and removing maximum density regulations.

All existing multifa mily residential zoning districts already contain a density floor. Program 35 involves developing a density floor within all other districts that allow residential development.

Implementation of this program would ensure that all new multifamily residentia l development within the City would be subject to a density floor. There are currently no maximum densities within the Downtown, City Center, and Warm Springs areas, as well as all areas designated as Town Center within the General Plan. In these areas, a development project may include as many residential units as possible within the maximum floor area ratio and height limitations. These are the transit-oriented areas in which the City is anticipating the greatest amount of development within the next planning period.

8.15. The commenter recommends removing density regulations in R-3 districts and notes that SB 9 allows for higher densities than some R-3 districts.

Current density floors within the R-3 districts vary from the lowest-density R-3-11 district with a floor of 8.8 DU/AC to the highest -density R-3-70 district with a floor of 50.1 DU/AC. These variations in density are intended to allow for a variety of housing types. SB 9 is very prescriptive in the type of development allowed at a higher density (two lots, each with a duplex). R-3 districts allow for development of townhomes, triplexes, fourplexes, and /or other small rental housing developments.

8.16. The commenter recommends removing FAR requirements in commercial zones.

Refer to page 5 -25 for allowed FARs in commercial zoning districts. The lowest maximum FAR for a mixed -use project is currently 0.60 in the C -O and C -N districts. SB 478, which became effective on January 1, 2022, prohibits local agencies from imposing a FAR standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Program 37 more than doubl es the permitted FAR in the C-O and C -N districts. In TOD Overlay Districts, FAR maximums in commercial district are increased, facilitating additional residential development.

8.17. The commenter recommends allowing ministerial review for more project types.

Refer to page 5-36 for a discussion of projects that currently allow ministerial design review. Refer to Programs 32, 33, and 44 for programs that facilitate ministerial review for additional types of housing projects. Code-compliant rental housing developments that do not qualify for ministerial review are currently reviewed by the Zoning Administrator for conformance with objective standards.

8.18. The commenter recommends adopting standards to promote private green space and other community benefits.

The City currently requires that multifamily residential developers provide on-site “common open space” in the amount of 500 sqft plus an additional 50 sqft per unit, and “private open space” (i.e.

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a balcony or patio) in the amount of 60 sqft per unit. There ar e objective requirements on the required dimensions of those areas to ensure they are usable, inviting spaces.

The City does not prescribe the type of common open space that a project provides. Common open space can take many forms, including community r ooms, swimming pools, playgrounds, and/or private park space. The type of space provided varies based on the anticipated needs of residents, the form of the project, and constraints on the project site. Outdoor common open spaces typically contain landscap ing, trees, and greenery in a type and quantity compatible with the intended use. Additional objective requirements on the design of these areas would reduce flexibility for developers with minimal impact on improving the quality of such spaces.

8.19. The commenter recommends creating a publicly funded social housing program.

In addition to the constraint posed by Article 34, the City does not currently have the technical capacity for housing development. Significant expenditure would be required in order to build this capacity on a city -by-city level. Refer to AB 2053 (Lee, 2021) which proposes a social housing development agency at the state level.

8.20. The commenter recommends providing incentives for deed-restricting affordable housing projects beyond 55 years.

Refer to Section 8.11 and 8. 42 for discussion of impact fees and deed restriction lengths, respectively.

8.21. The commenter recommends adding programs to confirm the assumptions behind the affordability of ADUs.

Refer to Program 88, which requires monitoring ADU affordability and construction to ensure that projections within the Housing Element remain accurate.

8.22. The commenter recommends proactively addressing reasons that Fremont has previously been denied state funding for affordable housing.

Refer to Program 53, which takes actions to help the City remain competitive in obtaining state funding resources for affordable housing. This would include proactively addressing any issues that cause the City to be denied funding, as well as working to improve competitiveness in future rounds of funding.

8.23. The commenter recommends auditing affordable housing providers, landlords, and property managers to ensure that they are not discriminating against tenants.

Project Sentinel currently conducts fair housing testing and audits within Fremont. Staff will coordinate with Project Sentinel to provide data on recent testing activities.

8.24. The commenter recommends pursuing the development of additional shelter programs, including programs for families.

Refer to Program 73, which involves the operation and expansion of shelter facilities. This program has been modified to indicate that the City plans to expand shelter options to meet the needs of people experiencing homelessness, in accordance with the level of need shown in the Point in

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Time (PIT) count. Depending on the specific program, it may be appropriate to separate services for single adults/couples and families with children.

8.25. The commenter advocates for creating a dense, mixed-use area on the Fremont BART parking lot.

The BART TOD Guidelines and the City’s City Center – Transit Neighborhood (CC-TN) zoning district have already established a regulatory framework that promotes dense, walkable mixed - use development on the Fremont BART parking lot. The CC -TN district has a minimum density of 50 DU/AC and no maximum density, while BART’s TOD Guidelines require a density of over 75 DU/AC. Additionally, the TOD Guidelines set a goal that 35% of housing units produced on BART property are deed-restricted affordable units. In light of this existing framework, the critical next step is to work with BART to demonstrate community interest and identify funding for development of this station area. These next steps are outlined in Program 63.

8.26. The commenter identifies that zoning and discretionary approval processes are a barrier to providing affordable housing at religious facilities.

The Housing Element sites inventory identifies nine religious facilities that have adequate zoning for the development of affordable housing. Refer to pages 8-34 through 8-43, column “C”. Three of the nine sites identified are subject to AB 1397, meaning that they would be subject to by-right approval if at least 20% of the units were affordable. The other six sites could take advantage of a by-right approval process pursuant to SB 35 if at least 50% of the units provided are affordable.

Also refer to Program 28, which initiates a housing education campaign to bolster community support for affordable housing projects.

8.27. The commenter recommends additional methods to provide social services that meet the day-to-day needs of unhoused residents.

Refer to Program 7 2 regarding programs for services provided to unhoused residents. This program has been modified to indicate that the City plans to expand services to meet the needs of people experiencing homelessness, in accordance with the level of need shown in the Point in Time (PIT) count.

8.28. The commenter recommends implementing additional policies that prevent homelessness.

Past surveys have repeatedly shown that the greatest root cause of homelessness is a lack of access to stable, safe, affordable housing. A foundational goal of the Draft 2023 -2031 Housing Element is to increase the supply of affordable housing in the community. Also refer to Program 73, which involves the operation and expansion of shelter facilities. This program has been modified to indicate that the City plans to expand shelter options to meet the needs of people experiencing homelessness in accordance with the level of need shown in the Point in Time (PIT) count.

8.29. The commenter recommends studying which types of development are solvent and fiscally responsible long-term in Fremont.

Refer to Program 28, which calls for a housing education campaign to educate the public on the benefits of housing. New development can positively impact the fiscal health of the City through increased tax revenue. The City does not currently have funding identified for such a study, but

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staff will consider this general framework as a potentially effective message on the wide-ranging benefits of housing.

8.30. The commenter recommends using an empirical standard to measure which sites are likely to have housing built on them in the next eight years.

Empirical evidence was utilized to identify housing element inventory sites. Table 8-15 identifies sites that were redeveloped with housing during the 2015-2023 planning period and identifies specific development trends associated with each site. As documented in Table 8-16, all inventory sites are associated with one or more of the development trends that were identified.

8.31. The commenter recommends requiring an analysis of whether changes to the zoning ordinance or general plan would increase car dependency.

All changes to the General Plan and zoning ordinance are analyzed for consistency with existing General Plan policies and programs. This includes consistency with Mobility Element policies to reduce car dependency, such as Policies 3-1.1 (Complete Streets); 3-1.5 (Improving Pedestrian and Bicycle Circulation) and 3-5.1 (Regional Transportation and Land Use Planning).

Substantial changes to the General Plan and zoning ordinance additionally require the City to review environmental impacts under the California Environmental Quality Act (CEQA). CEQA uses vehicle miles travelled (VMT) as an objective measurement of whether a n action increases or decreases the amount of driving by the average resident or employee.

8.32. The commenter recommends making changes to the zoning and building code to reduce car dependency.

Refer to Programs 6, 34, and 39 for actions taken to improve multi-modal infrastructure and reduce car dependency.

8.33. The commenter recommends requiring a minimum number of electric car charging stations in multi-family buildings.

The California Green Building Code currently requires that 10% of all parking spaces within new multi-family buildings are designated as “EV Ready” spaces. The Fremont Municipal Code further requires that those spaces are equipped with EV chargers. Additional green build ing standards beyond the state and City requirements would be considered under Program 19, in coordination with the Climate Action Plan adoption and implementation process.

8.34. The commenter advocates for strategies to prevent homelessness, such as banning rental application fees, assistance paying move-in fees, and permanent emergency rental assistance.

Refer to Program 14. The Stay Housed Self -Sufficiency Program provides partial rental subsidies to eligible participants as they transition from financial instability to self -sufficiency. Funding for this program is provided from the federal government and is limited in quantity. The City expends the entire amount allocated for this purpose each year.

Also refer to Programs 81 and 83. Individuals may remain homeless because while they may have the monthly income to pay rent, they do not have the savings to also pay up -front move -in expenses such as security deposits, first/last months rent, application fees, etc. The City provides funding to non-profit social service providers to assist households in this situation.

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8.35. The commenter advocates for expanding the TOD area to one-mile.

The City’s TOD districts are designed to overlap with the state’s definition of transit -oriented development, which applies to the area within a one-half mile radius of a major transit stop. The City selectively zones for more intense development outside of its TOD areas, such as the City Center and Downtown zoning districts, as appropriate given the surrounding infrastructure and intended development patterns.

8.36. The commenter recommends requiring bicycle lanes near all high schools.

Refer to the City’s Bicycle Master Plan, which discusses and prioritizes bicycle projects. The Housing Element does not provide direction for bicycle lane project priorities.

8.37. The commenter recommends retroactively increasing the requirements for bicycle parking.

The City applies its current bicycle parking requirements to development projects at existing buildings that involve substantial modification and/or reconstruction of parking facilities. This policy intends to balance the financial impact of such requirements on property owners with the City’s interest in ensuring consistent bicycle infrastructure.

8.38. The commenter recommends policies to increase walkable and bikeable design.

The General Plan Mobility Element sets the agenda for the City’s transportation planning goals.

Multiple Mobility Element policies are aimed at reducing car dependency, including Policies 3-1.1 (Complete Streets); 3 -1.5 (Improving Pedestrian and Bicycle Circulation) and 3 -5.1 (Regional Transportation and Land Use Planning). New housing developments are reviewed for consistency with these policies as part of the development review process.

8.39. The commenter recommends implementation of a rental relocation program.

The California Tenant Protection Act of 2019 (AB 1482) requires that landlords within the state of California provide relocation assistance to tenants that are evicted due to “no-fault” evictions.

Fremont tenants facing “no -fault” evictions are entitled to this compensation. Additionally, the City offers rental assistance through the Stay Housed program, which is designed to assist families facing “at-fault” evictions to a financial crisis. The program provides funding to help families avoid eviction and remain housed. Refer to Program 14.

8.40. The commenter recommends implementing a citywide 100% affordable housing overlay.

The City’s Density Bonus Ordinance already allows substantial flexibility for affordable housing projects citywide. Projects providing 100% affordable housing receive an 80% density bonus outside of TOD areas, and unlimited density within TOD areas. Additionally, they are entitled to unlimited waiver of zoning regulations and design standards that would physically preclude construction of the project at the permitted density. Given that 100% affordable housing developers have access to these existing density bonuses and waivers, a 100% affordable housing overlay would have limited marginal benefit.

8.41. The commenter recommends extending the length of time that affordable housing must be deed restricted beyond 55 years.

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Program 48 involves annual monitoring of the effectiveness of the affordable housing ordinance.

This would include the effectiveness of the required term of affordability for units constructed under the ordinance. The City Council could choose to extend the term of affordability beyond 55 years through this annual review process. Staff have not received direction to extend the term of affordability at this time.

8.42. The commenter recommends zoning additional areas for mixed-use.

The City’s Downtown, City Center, Warm Springs, Town Center, and most Comme rcial zones allow mixed -use development. Expanding types of c ommercial development that is permitted within primarily residential zones is a land use question beyond the scope of the Housing Element.

8.43. The commenter advocates for removing zoning requirements such as height and setbacks.

Refer to page 5-23 and the Developer Panel Notes in page A-58 in the PDF. Existing height limits were not identified as a major constraint by housing developers or staff. The Building Code has a separate height limit on wood frame construction (85 feet) which makes residential construction financially infeasible abo ve that height. Within the City’s Downtown, City Center, and Warm Springs districts, where dense development is most appropriate, height limitations allow developers to reach the 85-foot maximum. Developers have similarly proposed projects up to 85 feet in height in the Irvington TOD area, using density bonus allowances under state law.

Additionally, refer to page 5-18 and the Developer Panel Notes in page A-58 in the PDF. Existing setback requirements were not identified as a major constraint by housing d evelopers or staff.

Developers typically use setbacks to provide required open space, landscaping, utility meters/equipment, stormwater treatment, and other features that must be accommodated at the ground-floor level of the building.

8.44. The commenter states that “past city housing elements have projected with confidence meeting our RHNA Allocation at every income level for every prior RHNA cycle” and that the failure to meet lower income targets in previous housing elements indicates that the City’s projections are “overly optimistic”’

The site inventories included in previous housing elements were not projections of anticipated housing development during the planning period. They merely served to document that the jurisdiction had adequate sites available a nd suitable for residential development to meet the community’s housing needs, as established through the RHNA process. Because significant residential capacity was created through the 2011 General Plan, both the 2015 -2023 Housing Element and the draft 2023-2031 Housing Element do not include every site available and suitable for residential development in the City of Fremont. Instead, they identify the available and suitable sites determined to be most likely to be developed with housing during the planning period based on empirical data. Like the current 2015 -2023 planning period, the key drivers for the City to meet its RHNA targets for the 2023-2031 planning period will be market conditions for housing, availability of funding for affordable housing, and the effectiveness of the policies and programs contained within the Housing Element.

8.45. The commenter recommends that pipeline development projects take into account “data -driven and evidence-based reasons, such as historical projections realized during the current or past planning periods, to justify its projections.”

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HCD’s Sites Inventory Guidebook indicates that jurisdictions may credit development projects where completed entitlements have been issued towards the RHNA based on the affordability and unit count of the development. For pending projects yet to receive entitlements, jurisdictions should “demonstrate that the units can be built within the remaining planning period”. All pending projects identified in Tables 8 -4 and 8 -5 were included in the s ites inventory because they can reasonably be built during the planning period based on typical processing and construction timelines. Pending projects included in the sites inventory are generally located on sites suitable and available for residential development, and could potentially be included in the sites inventory as a vacant or underutilized site under Table 8 -16. However, utilizing an actual development proposal to determine site capacity will likely yield a more accurate and reliable estimate than the site capacity methodology utilized for vacant and underutilized sites.

8.46. The commenter expresses concern that the Non -Vacant Sites Analysis Methodology is not quantitative enough and recommends incorporating a value for likelihood of development as an adjustment factor.

The site capacity methodology employs various quantitative adjustment factors including a zoning adjustment based on historical development data, an affordability adjustment based on historical development data, and a nonresidential adjustment factor based on the potential for a site to be redeveloped with a nonresidential use. Additionally, site specific adjustment factors were utilized to further discount site development capacities. These various adjustment factors are not only quantitative but also serve to produce highly conservative site capacity estimates, significantly below full development potential. Consequently, the site capacity calculations reflect “realistic development capacity” as outlined in HCD’s Sites Inventory Guidebook.

8.47. The commenter recommends adding absolute page numbers to the document.

Staff will add absolute page numbers to the final Housing Element document.

Comment Letter #9
Hamza Shaikh
August 8, 2022

9.1. The commenter advocates for more dense, mixed-use zoning.

Refer to Policy 3.0 4, and associated Programs 34 through 39, which i ntensify mixed-use development within existing urban neighborhoods through revisions to density requirements and other development standards.

9.2. The commenter mentions Pacific Commons as an example of car-oriented development and requests that less land is dedicated to parking.

While the Draft 2023 -2031 Housing Element f ocuses on strategies to promote housing production, this goal is interconnected with other City projects t o invest in multi -modal transportation and reduce car dependency. Refer to Program 34, which reduc es automobile parking requirements for housing development projects. Also refer to Program 39, which calls for the City to apply for competitive grant opportunities to improve pedestrian, bicycle, and street infrastructure near transit.

Comment Letter #10
Janet Quilici

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August 8, 2022

10.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #11
August 4, 2022
Joseph Depaoli

11.1. The commenter requests two sites that he owns in Warm Springs to be a part of the inventory

In zoning districts where residential uses are not a permitted use, property owners may file an application for land use or zoning changes to allow for residential uses for Planning Commission and City Council consideration. In the Warm Springs Innovation District, land use changes should consider the vision and goals contained within the Warm Springs / South Fremont Community Plan.

Comment Letter #12
August 9, 2022
Kate Chouta

12.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #13
July 20, 2022
Kelly Abreu

13.1. The commenter provides an article about the conversion of under -performing retail sites into affordable housing and identifies that there are many such sites in Mission San Jose and Centerville.

Refer to pages 8-23 through 8-24 for a discussion of how commercial center sites were selected for the sites inventory. The proposed sites inventory acknowledges that un derperforming commercial centers often present strong residential redevelopment opportunities.

Comment Letter #14
July 12, 2022
Lisa Danz

14.1. The commenter requests more specificity in Program 88, which calls for additional strategies to facilitate ADU production if trends indicate a potential shortfall from the inventory assumptions.

The Draft 2023-2031 Housing Element commits to implement multiple new policies to facilitate ADU development within the first half of the planning period, including:
• Program 24. Offer “Over the Counter” (OTC) Type Plan Checks for Qualifying Residential Projects.

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• Program 30. Provide Resources to Encourage Development of Accessory Dwelling Units. • Program 31. Amend Regulations to Facilitate Production of ADUs • Program 71. Develop an Accessible Preapproved ADU Design.

These programs are intended to remove most known challenges to ADU production. It is unclear what additional programs may have the greatest impact given that the regulatory climate for ADUs will be drastically different after the implementation of these policies. However, in order to provide more specificity, staff has updated Program 88 as follows:

Program 88. ADU Monitoring.

The City shall track new ADUs and collect information on the use and affordability of these units. Halfway through the projection period (2027), if trends indicate a potential shortfall in meeting the estimated ADUs in the sites inventory, the City shall employ additional strategies to incentivize ADU production, and/or identify additional inventory sites to the extent necessary to accommodate the RHNA.

Potential strategies to incentivize production would vary based on the specific problem identified (i.e. number of permits, affordability, etc.) and input from applicants. Some ideas that the City may consider, which go beyond the ADU initiatives already identified in Programs 24, 30, and 31, include:
• Appointing an “ADU Ally” on staff to facilitate applications (if identified issue is the time to permit ADUs)
• Allowing bonus ADUs (if identified issue is the number of ADUs permitted) • Developing a deed -restricted affordable ADU program (if identified issue is affordability of ADUs permitted)

14.2. The commenter asks for a numerical analysis of the likelihood of development for inventory sites.

The site capacity methodology employs various quantitative adjustment factors including a zoning adjustment based on historical development data, an affordability adjustment based on historical development data, and a nonresidential adjustment factor based on the potential for a site to be redeveloped with a nonresidential use. Additionally, site specific adjustment factors were utilized to further discount site development capacities. These various adjustment factors are not only quantitative but also serve to produce high ly conservative site capacity estimates, significantly below full development potential. Consequently, the site capacity calculations reflect “realistic development capacity” as outlined in HCD’s Sites Inventory Guidebook.

Comment Letter #15
August 8, 2022
Lisa Danz

15.1. The commenter identifies various typos, formatting issues, and consistency errors.

City staff appreciate your assistance. The identified issues have been corrected.

Comment Letter #16
August 1, 2022
Lynn Miller

16.1. The commenter advocates for robust tree protection requirements for new housing development.

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Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

16.2. The commenter requests that staff coordinate with the Community Services Department Tree Division.

The Housing Element project team will reach out to the Community Services Department Tree Division and refine the Housing Element as needed based on consultation.

16.3. The commenter disagrees with the proposed program to waive impact fees for ADUs and suggests an impact fee deferral program instead.

Fee deferral programs are typically effective at reducing financing costs for housing development.

However, most ADUs are self -financed through savings or existing assets, so reducing financing costs through deferral would have limited impact in facilitating these units. Staff have not found that the waiver of ADU impact fees, which has been City policy since 2017, has reduced the City’s ability to provide needed services and amenities.

Comment Letter #17
July 11, 2022
Mervin Roy

17.1. The commenter states that rents should be lower in senior affordable housing complexes.

The rental price for an affordable housing unit varies depending on the funding sources used to construct that development. Federal, state, and county governmen ts typically set the allowable rent limits for 100% affordable housing projects because they are the primary lenders . For affordable inclusionary units constructed on -site in compliance with the City of Fremont Affordable Housing Ordinance, the maximum affordable monthly rent is the annual income limit applicable to the unit (i.e. 30% AMI for extremely-low income households, 50% AMI for very-low income households, etc.), adjusted by household size, multiplied by 30 percent, and divided by 12.

This amount is generally consistent with rent limits set by federal, state, and county programs.

The Draft 2023-2031 Housing Element includes a dis cussion of cost-burden for seniors on page 4-41. Based on this comment and others received during the public input process, staff have added the following text to page 4 -41 to discuss cost -burden for seniors within affordable housing complexes:

During community outreach, staff heard that seniors in affordable housing complexes also experience cost burden. Rental rates for affordable units are typically set at around 30% of a resident’s monthly incom e. However, residents identified that some “income” sources, such as life insurance policies, could not actually be put towards the rent payment. This made the rent more than 30% of their usable income. Additionally, residents identified that seniors often have higher medical e xpenses than the population at large. Large medical expenses may prevent seniors from being able to reasonably pay

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30% of their fixed income towards rent. Finally, seniors who are on a fixed income may struggle to afford rent increases if they occur. These narratives demonstrate the special housing challenges that seniors face related to housing costs. Further discussion of these issues can be found on page 4-49.

17.2. The commenter requests more senior housing complexes in Fremont, located close to BART, shopping centers, and downtown. The commenter notes that with more senior housing available, a lottery system would not be required to obtain housing.

The Draft 2023-2031 Housing Element identifies that seniors as a population with special housing needs. A complete discussion of housing needs for seniors can be found on page 4 -49. The Draft 2023-2031 Housing Element proposes the following general approach to meeting the housing needs of seniors: “The data suggests that Fremont should take a dual approach to senior housing. On the one hand, it will be important to continue to develop subsidized rental housing that will be accessible to elderly, low-income renters. It will also be important to implement strategies to assist seniors to stay in their existing homes.” (page 4-49)

This “dual approach” is consistent with public input , described on page 3 -7, which has indicated a desire to provide diverse housing opportunities for seniors. The Draft 2023-2031 Housing Element promotes expansion of multiple housing types that may benefit seniors , including home sharing, ADUs, and deed-restricted affordable housing.

The following goals, as indicated on page 2-1, reflect the City’s commitment to increasing the supply of deed-restricted affordable senior housing during the upcoming planning period:

• Goal 3: Promote Production of New Affordable and Market-Rate Housing • Goal 4: Maximize Support and Resources for Affordable Housing Production

More than 75% of sites identified for potential affordable housing development within the Draft 2023-2031 Housing Element are located within the City’s Transit Oriented Development (TOD) areas. These are the areas of the city with the greatest proximity to transit, shopping centers, and other services.

Comment Letter #18
August 9, 2022
Paul Nissler

18.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

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Comment Letter #19
August 6, 2022
Richard Godfrey

19.1. The commenter requests that an additional fee for transportation is charged on accessory dwelling units.

The City voluntarily chooses to waive impact fees for all ADUs (which can be up to 1,200 square feet in area) to simplify regulations and reduce costs, in order to facilitate these units.

Comment Letter #20
August 6, 2022
Robert Thomas

20.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #21
August 8, 2022
Steven Elman

21.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #22
August 8, 2022
Tara Gill

22.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #23
August 8, 2022
Timothy Gavin

23.1. The commenter asks for more aesthetic considerations in the location and setback of ADUs.

Location and setback requirements for ADUs are set pursuant to state law. The City does not have the ability to alter these requirements.

23.2. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

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Comment Letter #24
August 8, 2022
Thomas Holt

24.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #25
August 3, 2022
TransForm

25.1. The commenter requests that Program 34 is revised to provide more specific direction on how the City will reduce parking requirements.

Refer to Program 34. The City is committing to reducing or eliminating parking requirements in TOD areas. The City will also study the feasibility and impacts of eliminating residential parking minimums citywide, with an emphasis on examining the requireme nts for “affordable-by-design” units.

25.2. The commenter provides suggestions for additional policies to reduce parking demand.

The City has not identified funding for a robust study of parking reforms. The proposed parking reductions in Program 3 4 would be consistent with best practices and existing state laws for transit-oriented affordable developments. Additional location-specific study is not required at this time.

Unbundled parking is currently required within the Irvington transit-oriented development (TOD) area and recommended within the Warm Springs and Downtown TOD areas. Refer to FMC

18.152.080 for additional transportation demand management (TDM) policies within the City’s transit-oriented development (TOD) overlay district:

FMC 18.152.080. Other Requirements…

(e) New high intensity development shall include (1) transportation demand management (TDM) mea sures to promote the use of alternatives to automobile travel, and reduce total vehicle trips and vehicle trips during peak hours through site design measures, and (2) when already established, participation in a transportation demand management association supporting programs for enhanced transit ridership, biking, and walking.

(f) For residential projects, the property owner is encouraged to provide a pass for unlimited local bus transit service covering a one -month period or a functionally equivalent transit benefit at least equal to the price of a non-discounted unlimited monthly local bus pass to each purchaser or tenant of a unit, upon the renting or initial sale of the unit.

City staff works with developers on a project-by-project basis to identify TDM strategies that can be implemented for a specific development.

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25.3. The commenter supports programs to prioritize affordable housing development.

Programs 50 and 63 remain in the revised Draft 2023-2031 Housing Element.

Comment Letter #26
August 6, 2022
Marilyn Singer

26.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #27
August 7, 2022
Bonnie Kellogg

27.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

Comment Letter #28
August 7, 2022
Carol Schneider

28.1. The commenter advocates for robust tree protection requirements for new housing development.

Program 17 has been amended to address concerns regarding tree protection. For additional discussion regarding these issues, please see Topical Response #1.

28.2. The commenter disagrees with the waiving or reducing impact fees for ADUs or affordable housing.

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Residents for Residential Development
December 8, 2022

29.1. The commenter opines that existing leases, CC&Rs, and reciprocal parking and access rights serve as impediments to redevelopment of retail centers with housing, and therefore should not be counted as inventory sites.

The commenter cites Site 118 in the Sites Inventory (39160 Paseo Padre Parkway) as a “good test case” to argue that redevelopment will not occur in retail centers because existing lease agreements, reciprocal parking, and CC&Rs serve as impediments to redevelopment. The commenter requests that the City provide substantial evidence demonstrating that this site may be redeveloped with housing for this “test case.”
The City’s older shopping centers and commercial uses are among the strongest and most probable sites in the City for new housing development during the upcoming planning period. As discussed in Chapter 8 of the Housing Element, their viability for redevelopment is evidenced by a facilitative policy and regulatory framework, a proven track record in the City for redeveloping similar sites with housing, a clear trend of development activity and developer interest on similar sites, established market trends regarding viability of commercial uses and likelihood for redevelopment, and strong Housing Element programs supporting the redevelopment of these sites
The City’s policy and regulatory framework facilitates the redevelopment of commercial centers. Redevelopment of older shopping centers and commercial uses with housing is a core principle of the City’s strategically urban growth framework in the 2011 Fremont General Plan.

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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Chapter 8 describes market conditions consistent with recent redevelopment in the City, including physical underutilization; economic obsolescence of existing uses as indicated by vacancies (particularly anchor tenant vacancies), blight, or low improvement-to-land value ratios; developer and/or property owner interest in residential or mixed-use development; and site location in high resource areas, opportunity zones, or near high quality transit. Inventory sites are keyed to these characteristics, and each site is associated with multiple characteristics evidencing their likelihood for redevelopment.

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Fremont For Everyone
December 19, 2022

30.1. The commenter expresses support for the comments and recommendations in HCD’s findings letter dated November 22, 2022.

Staff have incorporated HCD’s recommendations into the Adoption Draft of the Housing Element, as described in the December 22, 2022 Planning Commission Staff Report.

30.2. The commenter advocates for proactive code enforcement for substandard housing violations.

Based on these historic permitting trends, City staff feel that it is significantly more likely that these lots are re-developed with additional ADUs compared to small apartment projects.

Therefore, the City has committed to developing a bonus ADU program as the most feasible option for adding density within these neighborhoods.

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Attachment: Informational Item 3 - Planning Commission Notes and Corrections Sheet (4779 : 2023-2031 HOUSING ELEMENT UPDATE) Program 40 to promote the inventory of opportunity sites, and Program 17 to develop objective design standards to provide a predictable basis to review housing projects. During the upcoming planning period, the City will remain committed to looking for new ways and opportunities, and listening to ideas from the community, to meet the City’s housing goals.

30.5. The commenter recommends adoption of an ordinance that allows for maximum floor area to be calculated based on the size of an entire commercial center in cases where a commercial center consists of multiple lots.

City development standards are written based on a single lot because it is a unit of ownership. A shopping center with multiple lots may be owned by multiple different entities. In this case, if floor area ratio is calculated for the entire shopping center, it would mean that the owner that decided to build first would be able to construct to a higher intensity, and other owners who wanted to build in the future would be limited. This is not a consistent or equitable pattern of development. If multiple lots are owned by the same property owner or the property owners collaborate on a development proposal, then they can apply for a by-right, ministerial lot combination in order to combine the lots and apply the floor area ratio standard to the entire shopping center as a single unit of development.

In Program 36, the City has committed to developing a new mixed-use ordinance. As part of the development of that ordinance, staff will examine how the standards would apply to non- standard sites, such as incremental shopping center redevelopments, in order to make sure that they do not constrain redevelopment.

30.6. The commenter asks why some inventory sites, such as Site 268, can have a lower number of units in the sites inventory than currently exist. For example, Site 268 shows the existing use as a triplex, but the Sites Inventory only shows two units.

The sites inventory indicates net new units. For example, Site 268 is assumed to have capacity to accommodate two additional units beyond the three that currently exist at the site.

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July 25, 2022
C
ity of Fremont
Community Development
39550 Liberty St.

Fremont, CA 94538
Dear
Planning Manager Pullen and Principal Planner Li:

T
hank you for meeting with Tim Chan, Seung-Yen Hong, and Tobias Liebermann on March 24, 2022, indicating the City of Fremont’s (City) interest in including BART’s land in its 2023-2031 Housing Element . As the City is aware, BART’s Transit- Oriented Development Program Work Plan currently does not categorize the subject station areas as ‘Near-term (project initiation in 2020-2025)’.

I
t is our collective goal to deliver as much housing near transit as possible while supporting local jurisdictions in achieving the Bay Area’s regional housing goals.

However, BART has limited staff resources and few funding sources for the infrastructure - most notably parking replacement - that is often required to free-up space on BART’s land for development. Given current resources, it will be challenging for BART to support development of all the land proposed in BART partner jurisdictions’ Housing Elements during the 2023-2031 cycle.

Del
ivering transit-oriented development (TOD) projects on BART’s land is much more complex and time consuming than development projects on private land and requires strong partnerships and commitment between BART and local jurisdictions.

As noted in the previous letter issued on March 7, 2022, BART’s TOD Work Plan prioritizes development in its station areas based on the following three criteria:

1. M
arket readiness for TOD

2. Local support for TOD

3. Infrastructure needs
If conditions have changed since the last assessment in 2019/2020, the timeframe for TOD development in station areas can be updated in BART’s TOD Work Plan. Key considerations by BART for prioritizing development projects are 1) availability of local funding and resources to support development, including staff support and funding for community outreach, affordable housing, and infrastructure, and 2) seamless coordination with local jurisdiction staff.

J
urisdictions with station areas that are currently listed in BART’s TOD Work Plan timeframes of Mid-term or Long-term need to meet the following conditions to be considered for prioritization:

1. Local Support for TOD:
a. Local Support and Funding: First and foremost, BART views TOD projects on its land as BART and local jurisdiction partnerships. BART TOD projects are civic destinations, transformative to the community, and often includes off-sit e i
mprovements. The City must be committed to working closely with BART to

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
2022
Rebecca Saltzman

PRESIDENT
Janice Li

VICE PRESIDENT
Robert Powers

GENERAL MANAGER

DIRECTORS
D
ebora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT
www.bart.gov
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Fremont City CouncilJanuary 10, 2023

Fremont City Council
January 10, 2023