Exhibit B
Findings and Conditions of Approval for PLN2023-00129
Mills Act Contract
The Mission Elementary School (The Old School)
43551 Mission Boulevard (APN: 513-0749-001-00)
FINDINGS
The findings below are made based on the information presented at the public hearing and contained in the Staff Report to the City Council dated June 6, 2023, incorporated herein:
Historical Property Contract (Mills Act Contract) Findings [FMC 18.175.350(e)]:
The Mills Act Contract for The Mission Elementary School (The Old School) is consistent with and supportive of Fremont’s General Plan goals and policies for historic preservation and the provisions of Fremont Municipal Code Chapter 18.175, the Historic Resources Ordinance , in that the Mills Act contract would require maintenance of The Old School’s character-defining features as they exist and ensures that the registered historic resource will be preserved.
CONDITIONS OF APPROVAL
A. General Conditions
A-1. Approved Contracts. The approval of a Mills Act Contract (PLN2023-00129) shall allow maintenance and preservation of The Mission Elementary School and its character-defining features, subject to compliance with all the conditions of approval set forth herein.
A-2. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees (collectively “City”) from any claim, action or proceeding against the City to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding and shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
A-3. Compliance with Applicable Laws. The applicant shall comply in all respects with the applicable provisions of the Fremont Municipal Code, State, and federal laws; including compliance at all times with the provisions of the permits required from any State or regional government agencies having jurisdiction over any respect of the use.
A-4. Copy of Conditions. A copy of these conditions of approval shall be kept at the facility at all times and shall be provided to City Staff upon request.
A-5. Requirements of Other Agencies. The applicant shall comply with the provisions of the permits required from any state or regional agencies, including, but not limited to, the Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board (RWQCB), Union Sanitary District (USD), and the A lameda County Department of Environmental Health.
Exhibit B: Findings & Conditions of Approval – The Mission Elementary School (The Old School) PLN2023-00129 June 6, 2023 Page 2 of 2
A-6. Transfer. These conditions of approval shall be binding on the applicant, future property owners within the site, and all successors in interest.
B. Special Project Conditions
Community Development Department – Planning Division
B-1. Recordation. Following City Council approval of the requested Mills Act Contract, the applicant shall work with City S taff to record with the County of Alameda Clerk – Recorder’s Office a Mills Act Contract, substantially in conformance with the form and content of Exhibit C (D raft Mills Act Contract) of PLN2023-00129 and all applicable laws. Prior to sale, the applicant shall provide to prospective buyers written information about the Mills Act Contract provisions and the character defining features of The Mission Elementary School that require preservation.
END OF CONDITIONS