CITY OF
Fremont
MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF DECEMBER 8, 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
Clifford Nguyen, Assistant Planning Manager
James Willis, Associate Planner
Donovan Lazaro, Economic Development Director
Trish Cordova, Recording Clerk
Maria Salinas, Recording Clerk
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician
APPROVAL OF MINUTES: None
DISCLOSURES: Commissioner Steckler visited the proposed project sites for Item 1 (PLN2021-00378), Item 2 (PLN2022-00023), and Item 3 (PLN2023-00126).
Commissioner Zhang visited the proposed project site for Item 2 (PLN2022-00023).
Commissioner Yee visited the proposed project sites for Item 1 (PLN2021-00378), Item 2 (PLN2022-00023), and Item
(PLN2023-00126). Commissioner Yee also received an email communication from the corporate property manager for Item 1.
Commissioner Basrai visited the proposed project site for Item 1 (PLN2021-00378) and attended the February 10, 2022 hearing on this item, prior to her appointment to the Planning Commission.
Minutes Planning Commission - December 8, 2022 PAGE 1
Commissioner Basrai also drove by the proposed project site for Item 2 (PLN2022-00023), and regularly drives by the proposed project site for Item 3 (PLN2023-00126), as her business is in close proximity to the property. Commissioner Basrai will be recusing herself from the public hearing on Item 3.
Commissioner Liu drove by the proposed project sites for Item 1 (PLN2021-00378) and Item 3 (PLN2023-00126).
Chairperson Daulton visited and walked all three proposed project sites for Items 1 (PLN2021-00378), 2 (PLN2022-00023), and 3 (PLN2023-00126).
Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes: seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/# CONSENT CALENDAR None
PUBLIC/ORAL
COMMUNICATIONS None
PUBLIC HEARING ITEMS
Item 1. PAPE MACHINERY PYLON SIGN CUP - 43510 Osgood Road - (PLN2021- (00:06:47) 00378) — To consider a Conditional use Permit to install a freeway oriented pylon sign adjacent to Interstate 680 at 43510 Osgood Road in the Irvington Community Plan Area and to consider a finding that no further environmental review is required pursuant to of categorical exemption from the California Environmental Quality Act (CEQA) per, without limitation, pursuant to CEQA Guidelines Section 15311, Accessory Structures, and pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified. Projects Consistent with a Community Plan, General Plan, or Zoning. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Planning Manager Joel Pullen introduced the item.
Associate Planner James Willis gave a brief presentation, with assistance from Economic Development Director Donovan Lazaro.
Chairperson Daulton opened the public hearing and invited the applicant to speak.
Mike Pati, representing Pape Machinery, gave a brief presentation.
Chairperson Daulton invited public comments.
Minutes Planning Commission - December 8, 2022 PAGE 2
Kelly Abreu spoke in favor of the project and then commented on an unfinished development located on the north-bound side of Interstate 680, across from the proposed project site.
Commissioner Yee commented on the clear visibility of the sign located on the backside of the Pape building.
Commissioner Liu asked if the sign for the now defunct Fry's Electronics had been illuminated, to which Commissioner Yee affirmed it had been.
Commissioner Daulton expressed concern over the placement of the proposed signage and that it would create a precedent for others that would affect the aesthetics of highway. Commissioner Yee concurred.
Planning Manager Joel Pullen offered clarification of language to distinguish a "billboard" as the proposed sign had been referred to by a commissioner from on-site commercial signage.
Commissioner Basrai expressed her concern over setting a precedent in not allowing business owners to advertise the location of their business and the right to do so on their own property.
Commissioner Zhang stated that he was not concern with the erection of a sign, but in the placement of a sign and suggested that Osgood Road would be a better placement option.
Commissioner Steckler concurred with Commissioner Basrai's comments.
Commissioner Steckler then went on to commend the applicant and staff for implementing the modifications recommend by this Commission at the February 10, 2022 hearing for this item.
Commissioner Liu expressed his concern over the illumination of the sign and then moved to approve staff recommendation with an amendment to eliminate illumination of the sign. Commissioner Basrai seconded.
Motion failed.
Commissioner Steckler moved to approve staff recommendation as is, and Commissioner Basrai seconded.
Motion failed.
Commissioner Steckler moved to continue the item in order to allow time for the applicant to redesign a non-illuminated sign. Commissioner Liu seconded.
Minutes Planning Commission - December 8, 2022 PAGE 3
Planning Manager Joel Pullen stated that the applicant had already had the item continued from February, had expressed that they wanted a decision from the Commission, and indicated that the public hearing could be reopened to allow the applicant to respond since they had not had the opportunity to comment on the question of illumination.
Chairperson Daulton opened the public hearing.
Mike Pati, representing Pape Machinery, stated they were not amenable to development of a non-illuminated sign.
Chairperson Daulton closed the public hearing.
Chairperson Daulton moved to deny staff recommendation and Commissioner Zhang seconded. Findings for the denial were cited as follows:
• Sufficient signage in the form of signage that already exists on the building; • Concern over setting a precedent along the I-680 corridor; • Concern over the specific location of the sign and its proximity to the I-680 corridor;
• Illumination of the sign was considered an inappropriate design element.
IT WAS MOVED (DAULTON/ZHANG) AND CARRIED BY THE FOLLOWING VOTE (4-3-0-0-0) THE PLANNING COMMISSION - HELD PUBLIC HEARING; AND
DENIED THE PROJECT BASED ON THE AFOREMENTIONED FINDINGS.
The motion carried by the following vote:
AYES: 4 - Daulton, Rao, Yee, Zhang
NOES: 3 - Basrai, Liu, Steckler
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
Item 2. AT&T WIRELESS COMMUNICATIONS POLE THORNTON - 4771 (00:55:37) Thornton Avenue - (PLN2022-00023) - To consider a Conditional Use Permit and Discretionary Design Review to install a new 70-foot-tall stealth wireless communications facility at the existing self-storage facility located at 4771 Thornton Avenue in the Centerville Community Plan Area, and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, CEQA Guidelines Section 15332, In- Fill Development Projects, and CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Minutes Planning Commission - December 8, 2022 PAGE 4
Planning Manager Joel Pullen introduced the item.
Associate Planner James Willis gave a brief presentation and responded to questions from the Commission.
Chairperson Daulton opened the public haring and invited the applicant to speak.
Tom Johnson, representing AT&T, briefly spoke to the project and responded to question from the Commission.
Chairperson Daulton closed the public hearing.
Commissioner Yee moved to approve staff recommendation and Vice Chairperson Rao seconded.
IT WAS MOVED (YEE/RAO) AND CARRIED BY THE FOLLOWING VOTE (7- 0-0-0-0) THE PLANNING COMMISSION - HELD PUBLIC HEARING;
FOUND THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER,
WITHOUT LIMITATION, CEQA GUIDELINES SECTION 15303, NEW
CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES, CEQA
GUIDELINES SECTION 15332, IN-FILL DEVELOPMENT PROJECTS, AND CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH
THE GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED.
EACH OF THE FOREGOING PROVIDES A SEPARATE AND INDEPENDENT BASIS FOR CEQA COMPLIANCE;
AND
FOUND THAT THE CONDITIONAL USE PERMIT IS IN CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY'S GENERAL PLAN.
THESE PROVISIONS INCLUDE THE DESIGNATIONS, GOALS AND POLICIES
SET FORTH IN THE LAND USE AND COMMUNITY CHARACTER ELEMENTS OF THE GENERAL PLAN AS ENUMERATED WITHIN THE STAFF REPORT; AND
FOUND THAT THE DESIGN REVIEW PERMIT IS IN CONFORMANCE WITH
RELEVANT PROVISIONS CONTAINED IN THE WIRELESS FACILITIES ORDINANCE AND CHAPTER 4 OF THE CITYWIDE DESIGN GUIDELINES AS
ENUMERATED WITHIN THE STAFF REPORT, AND THAT THE PROJECT'S
DESIGN WOULD NOT INTERFERE WITH THE USE AND ENJOYMENT OF
ADJACENT DEVELOPMENT NOR BE DETRIMENTAL TO THE PUBLIC
HEALTH, SAFETY, OR WELFARE;
AND
FOUND THE PROJECT, AS SHOWN ON EXHIBIT "A" (SITE PLAN,
ELEVATIONS), FULFILLS THE APPLICABLE REQUIREMENTS AS SET Minutes Planning Commission - December 8, 2022 PAGE 5
FORTH IN THE FREMONT MUNICIPAL CODE AND THAT THE PROPOSED
USE FULFILLS THE INTENT OF THE WIRELESS FACILITIES ORDINANCE
AND APPLICABLE DESIGN GUIDELINES AND THEREFORE, MAY BE
ALLOWED, SUBJECT TO A CONDITIONAL USE PERMIT AND
DISCRETIONARY DESIGN REVIEW PERMIT;
AND
APPROVED CONDITIONAL USE PERMIT AND DESIGN REVIEW PERMIT PLN2022-00023 AS SHOWN ON EXHIBIT "A," BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH IN EXHIBIT "B." The motion carried by the following vote:
AYES: 7 - Basrai, Daulton, Liu, Rao, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
In preparation of the next hearing item, Commissioner Basrai recused herself and exited the meeting.
Item 3. CENTERVILLE MIXED-USE ENTITLEMENT EXTENSION - Tentative Tract (01:07:05) Map No. 8438 - (PLN2023-00126) - To consider an extension to previously approved entitlement PLN2017-00229 for the former Silicon Sage Centerville Mixed-Use Project including a Design Review, Private Street, and Vesting Tentative Tract Map No. 8438 located on the vacant lot bounded by Fremont Boulevard, Peralta Boulevard, Jason Way, and Parish Avenue (37358 - 37494 Fremont Boulevard and 3768 - 3820 Peralta Boulevard), and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) Guidelines per, without limitation, 15162 and/or 15183, as the proposed approval extension is consistent with the previously prepared and adopted EIR (SCH# 2018072040), and CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Planning Manager Joel Pullen introduced the item.
Associated Planner James Willis did not provide a formal presentation, but responded to questions from the Commission.
Commissioner Yee asked clarifying questions related to noise requirements that were part of the Environmental Impact Report (EIR) previously conducted, and also proposed an amendment to the condition related to the use of local trade workers.
Minutes Planning Commission - December 8, 2022 PAGE 6
Planning Manager Joel Pullen commented that the EIR was part of the CEQA certification, previously approved by the City Council, and neither the CEQA nor the project conditions could be modified or amended by the Planning Commission.
Discussion ensued
Chairperson Daulton opened the public hearing and invited the applicant to speak.
John Kevlin with the Law Firm of Reuben, Junius, and Rose, and representing the applicant, briefly spoke to the project and responded to questions from the Commission, with assistance from applicant team member Sahil Gandhi. Questions dealt with the anticipated timeline for breaking ground, the possibility of erecting a more permanent fence to shield the blight of the site until development occurs, and the acceptable levels of interior noise, as dictated by California state law.
Chairperson Daulton invited public comments.
Kelly Abreu commented on the length of the extension with respect to the project site condition.
Chairperson Daulton closed the public hearing.
Commissioner Yee moved to approve staff recommendation and Commissioner Steckler seconded.
IT WAS MOVED (YEE/STECKLER) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-0-1) THE PLANNING COMMISSION - HELD PUBLIC HEARING; AND
FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES PER, WITHOUT LIMITATION, SECTION 15162 AS THE
PROPOSED APPROVAL EXTENSION IS CONSISTENT WITH THE
PREVIOUSLY PREPARED AND ADOPTED EIR AND NONE OF THE
CIRCUMSTANCES NECESSITATING PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR ARE PRESENT (SCH# 2018072040), AND/OR CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE
DENSITY ESTABLISHED BY THE GENERAL PLAN, AND/OR ZONING FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED. EACH OF THE FOREGOING
PROVIDES A SEPARATE AND INDEPENDENT BASIS FOR CEQA
COMPLIANCE;
AND
APPROVED A TWO-YEAR TIME EXTENSION TO PLN2017-00229 FOR VESTING TENTATIVE TRACT MAP NO. 8383, DISCRETIONARY DESIGN
REVIEW PERMIT, AND CONDITIONAL USE PERMIT APPROVALS SUBJECT TO THE ORIGINAL FINDINGS AND CONDITIONS.
Minutes Planning Commission - December 8, 2022 PAGE 7
The motion carried by the following vote:
AYES: 6 - Daulton, Liu, Rao, Steckler, Yee, Zhang
NOES:
ABSTAIN:
ABSENT: 0
RECUSE: 1 - Basrai
DISCUSSION ITEMS
MISCELLANEOUS ITEMS
Information from Commission and Staff:
• Information from staff, as reported by Planning Manager Joel Pullen:
• An update of the 2023-2031 Housing Element will be presented to the Planning Commission at the December 22, 2022 meeting. Early review of the document was encouraged and is available on the Fremont website.
• Actions from City Council Regular Meetings: None
• Information from Commission:
• Commissioner Yee reported on his recent attendance at the League of California Cities meeting, and provided a list of four advocacy priorities for 2023.
ADJOURNMENT
Meeting adjourned at 8:37 p.m.
SUBMITTED and APPROVED BY:
Cuph for Cal for
Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission
Minutes Planning Commission - December 8, 2022 PAGE 8