Resolution 2023-XX Page 1 of 2 DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
GRANTING AN APPEAL TO APPROVE A CONDITIONAL USE PERMIT
(PLN2021-00378) TO ALLOW CONSTRUCTION OF A FREEWAY -
ORIENTED PYLON SIGN AT 43510 OSGOOD ROAD IN THE IRVINGTON
COMMUNITY PLAN AREA AND MAKING FINDINGS OF CEQA
EXEMPTION
WHEREAS, a project applicant has proposed an on-site freeway oriented pylon sign to advertise the Pape equipment dealership located at 43510 Osgood Road (the “Project”); and
WHEREAS, the Project was found to be exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to, without limitation, CEQA Guidelines Section 15311, Accessory Structures, and/or CEQA Guidelines Section 15183 in that it is an on-site sign which conforms to the Fremont General Plan and applicable Zoning rules, and that each of the foregoing provides a separate and independent basis for CEQA compliance; and
WHEREAS, in conformance with CEQA, the City has issued notices and taken other actions as described in Exhibit “A”; and
WHEREAS, the Planning Commission held a noticed public hearing on the Project, including the proposed entitlements, on December 8, 2022, after which the Commission voted (4-3) on a motion to deny the Project; and
WHEREAS, the Project applicant submitted a timely appeal of the Planning Commission’s denial action the Project; and
WHEREAS, a duly noticed public hearing was held by the City Council on February 7, 2023, to consider the deliberations by the Planning Commission, and all interested persons who desired to comment on or object to the Project were heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby finds the Project exempt from the requirements of CEQA pursuant to, without limitation, CEQA Guidelines Section 15311, Accessory Structures, and/or CEQA Guidelines Section 15183 in that it is an on-site sign which conforms to the Fremont General Plan and applicable Zoning rules, and that each of the foregoing provides a separate and independent basis for CEQA compliance and this finding reflects the independent judgment and analysis of the City Council.
SECTION 2. The City Council hereby finds that the proposed Project is in conformance Resolution 2023-XX Page 2 of 2 with the City’s zoning ordinance in that the orientation, height, size, and design of the pylon sign are in compliance with the development standards and policies for freeway-oriented pylon signs.
SECTION 3. The City Council hereby finds that, based on the available information and evidence presented at the hearing, the proposed Project is consistent with the City’s General Plan for the reasons described in the February 7, 2023 City Council report and by reference in Informational 3, the December 8, 2022 Planning Commission Report.
SECTION 4. The City Council hereby grants the appeal (reversing the Planning Commission’s decision to deny the Project and allow the project to proceed), approving the proposed Conditional Use Permit to allow a freeway-oriented sign as shown in Exhibit “A,” subject to the findings and conditions of approval contained in Exhibit “B”.
ADOPTED, , 2023 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney