Minutes Planning Commission – December 22, 2022 PAGE 1
MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF DECEMBER 22, 2022
This meeting was conducted utilizing the teleconferencing software Zoom , consistent with Government Code Section 54953(e) (Assembly Bill 361).
CALL TO ORDER: Chairperson Daulton called the meeting to order at 7:00 p.m.
PRESENT: Chairperson Daulton
Vice Chairperson Rao
Commissioners Basrai, Liu, Steckler, Yee, Zhang
ABSENT: None
STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Rafael E. Alvarado, Jr., City Attorney
Wayland Li, Principal Planner
Courtney Pal, Associate Planner
Trish Cordova, Recording Clerk
Maria Salinas, Recording Clerk
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician
APPROVAL OF MINUTES: Commissioner Zhang moved to approve minutes from the December 8, 2022 meeting and Commissioner Yee seconded.
Motion carried unanimously.
DISCLOSURES: None
Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follow s: (hours:minutes:seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/#
CONSENT CALENDAR None
Planning Manager Joel Pullen formally introduced City Attorney Rafael E. Alvarado, Jr. to the Commission. Mr. Alvarado then expressed pleasure in meeting and working with this Commission.
Minutes Planning Commission – December 22, 2022 PAGE 2
PUBLIC/ORAL
COMMUNICATIONS None
PUBLIC HEARING ITEMS
Chairperson Daulton requested that Item 2 be hear d first, as it will be continued to a date uncertain. No objections were made.
Item 2. WINTER 2022/2023 CODE UPDATE - CITYWIDE - (PLN2023-00122) – To (00:06:18) consider amending various chapters of the Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to development and use of property within the City; and to consider exemptions from the requirements of the Cali fornia Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Planning Manager Joel Pullen introduced the item and explained that staff needed more time to prepare, before presenting to the Commission.
Chairperson Daulton opened and closed t he public hearing, as there was no one requesting to speak.
Commissioner Yee moved to approve staff recommendation and Commissioner Steckler seconded.
IT WAS MOVED ( YEE/STECKLER) AND CARRIED BY THE FOLLOWING VOTE (7 -0-0-0-0) THE PLANNING COMMISSION – HELD A PUBLIC HEARING;
AND
CONTINUED THE ITEM TO A DATE UNCERTAIN.
The motion carried by the following vote:
AYES: 7 – Basrai, Daulton, Liu, Rao, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
Item 1. 2023-2031 HOUSING ELEMENT UPDATE - CITYWIDE - (PLN2022-00335) – (00:08:40) To consider 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 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)
Minutes Planning Commission – December 22, 2022 PAGE 3
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).
Planning Manager Joel Pullen introduced the item.
Principal Planner Wayland L i and Associate Planner Courtney Pal co-presented.
Wayland Li brought attention to the notes and corrections document (attached).
Commissioner Yee asked about the length of the document and if the report would be translated into multiple languages, to which Pri ncipal Planner Wayland L i responded. Planning Manager Joel Pullen added that the document was posted on the City’s website, which provides translation assistance.
Commissioner Zhang asked clarifying questions regarding the timeline and due date of the document, to which Principal Planner Wayland Li responded.
Chairperson Daulton asked clarifying questions about non- vacant sites, and mixed- use and affordable development projects, to which Principal Planner Wayland Li responded.
Commissioner Yee asked clarifying questions regarding Accessory Dwelling Unit and Junior Accessory Dwelling Unit developments, as well as correspondence received just before the meeting, to which Principal Planner Wayland Li responded.
Commissioner Liu commented on the Housing Element Update coinciding with the State’s plan to phase out non-electric vehicles and the strain it would have on the City’s current infrastructure, to which Planning Manager Joel Pullen responded that the subject was important to address, and that the topic was greater than the focus of the Housing Element Update alone.
Commissioner Zhang asked clarifying questions regarding short-term rental units, to which Planning Manager Joel Pullen responded.
Chairperson Daulton opened the public hearing and invited public comments.
Kelly Abreu commented on the development impact fees imposed by the City of Fremont for developments and then questioned why specialized fee indexes would be used.
Minutes Planning Commission – December 22, 2022 PAGE 4
Lisa Danz commented on the topic of electric vehicles and encouraged the Commission to remember that they have the power to make land use policy that decreases vehicle miles traveled.
Steve Reilly stated that he was involved with two development proposals that were situated near the Warm S prings/South Fremont BART Station and wanted t he Commission to know that the organization he represents (unidentified) is amenable to having those potential development sites listed in the Housing Element Update report.
Chairperson Daulton closed the public hearing.
Commissioner Yee moved t o approve staff recommendation and Commissioner Zhang seconded.
IT WAS MOVED ( YEE/ZHANG) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND 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 ESTABL ISHED 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. 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); AND
FOUND THAT THE 2023 -2031 HOUSING ELEMENT IS CONSISTENT WITH THE GENERAL PLAN;
AND
FOUND THAT THE ADOPTION OF THE 2023 -2031 HOUSING ELEMENT
FURTHERS THE PUBLIC INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY;
AND
Minutes Planning Commission – December 22, 2022 PAGE 5
RECOMMENDED THAT THE CITY COUNCIL ADOPT A RESOLUTION
AMENDING THE GENERAL PLAN TO ADOPT THE 2023 -2031 HOUSING ELEMENT (EXHIBIT “A”).
The motion carried by the following vote:
AYES: 7 – Basrai, Daulton, Liu, Rao, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
DISCUSSION ITEMS
MISCELLANEOUS ITEMS
Information from Commission and Staff:
• Information from staff, as reported by Planning Manager Joel Pullen:
o The Housing Element Update is scheduled to go before City Council on January 10, 2023.
Clarification was then given to Action Items that will be presented to this Commission as they come up in rotation (i.e., 12, 24, and 36 months, following adoption of said update). o The decision on the Pape Machinery Pylon Sign Conditional Use Permit (PLN2021-00378) has been appealed to the City Council and is anticipated to be heard either January or February 2023.
o Mayor Lily Mei appointed Shobana Ramamurthi to serve on the Planning Commission .
She will be onboarded prior to the next meeting.
o Lastly, Planning Commission will resume in-person meetings at the first meeting in 2023, and the meetings will held in the City Council Chambers. Information regarding training for those meetings will be forthcoming.
• Actions from City Council Regular Meetings: None
• Information from Commission:
o Commissioner Yee commented on registration for the annual Planning Commissioner s Academy scheduled for March 29-31, 2023 and encouraged his fellow Commissioners to attend. Commissioner Yee then wished everyone Happy Holidays. o Chairperson Daulton announced that this would be his final meeting on the Planning Commission. Chair Daulton then thanked his fellow Commissioners, City staff, and Mayor Lily Mei, and expressed pleasure in serving on this Commission, and wishe d everyone Happy Holidays.
o Each of the Planning Commissioners then expressed appreciation for Chair Daulton’s service and leadership and wished him well for the future. Planning Manager Joel Pullen echoed thanks and appreciation for Chairperson Daulton’s service.
Minutes Planning Commission – December 22, 2022 PAGE 6
ADJOURNMENT
Meeting adjourned at 8:10 p.m.
SUBMITTED and APPROVED BY:
Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission
Wayland Li, AICP, Principal Planner for