ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 1 of 4
RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT IMPLEMENTING PROGRAM 17 OF THE 2023- 2031 HOUSING
ELEMENT TO CLARIFY THE OBJECTIVE DESIGN STANDARDS FOR
THE CITYWIDE DESIGN GUIDELINES, GLENMOOR GARDENS
DESIGN GUIDELINES, MISSION RANCH DESIGN GUIDELINES,
MISSION SAN JOSE DESIGN GUIDELINES, MULTIFAMILY DESIGN
GUIDELINES, NILES DESIGN GUIDELINES AND REGULATIONS, AND SMALL-LOT SINGLE-FAMILY DESIGN GUIDELINES (PLN2023-00213).
WHEREAS, the California 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” (Government Code §65589.5.); and
WHEREAS, the California Legislatu re passed Senate Bill (SB 330) and adopted the “Housing Crisis Act of 2019” (HCA) which states that “In 2018, California ranked 49 th 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, the California Legislature passed the HCA to address the current “housing crisis” in the State with the aim of increasing residential unit development, protecting existing housing inventory, and expediting permit processing; and WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires the City to adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need 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, 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, 2023, the City Council conducted a public hearing, reviewed the 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 adopted the Hosing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, HCD certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and
ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 2 of 4
WHEREAS, State law requires that the City review its Housing Element as frequently as appropriate to evaluate the progress of the City in imp lementation of its Hou sing Element (Government Code §65588); and
WHEREAS, Program 17 of the City’s 2023- 2031 Housing Element requires the City to clarify the Objective Design Standards for the City’s existing design guidelines to provide a predictable basis to review housing projects; and
WHEREAS, such Objective Design Standards will be applicable to housing development projects, as defined by the Housing Accountability Act, and as mandatory standards for all qualifying projects; and
WHEREAS, the Objective Design Standards prim arily comprise design rules and design guidelines currently contained in adopted City documents; and WHEREAS, as an alternative, any applicant of a housing development project seeking exceptions to the Objective Design Standards may proceed with the City’s existing discretionary design review process; and
WHEREAS, on October 26, 2023, the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and recommended that the City Council adopt the proposed Objective Design Standards for the Citywide Design Guidelines, Glenmoor Gardens Design Guidelines, Mission Ranch Design Guidelines, Mission San Jose Design Guidelines, Multifamily Design Guidelines, Niles Design Guidelines and Regulations, and Small- Lot Single-Family Design Guidelines; and
WHEREAS, a Staff Report, recommending approval of the proposed Objective Design Standards, was submitted to the City Council; and
WHEREAS, on ____________________, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. CEQA
The City Council finds that the proposed a mendments, making miscellaneous, minor administrative, clarifying, and technical revisions to the Citywide Design Guidelines, Glenmoor Gardens Design Guidelines, Mission Ranch Design Guidelines, Mission San Jose Design Guidelines, Multifamily Design Guidelines, Niles Design Guidelines and Regulations, and Small-
ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 3 of 4
Lot Single -Family Design Guidelines are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to , without limitation, each on a separate and independent basis, CEQA Guidelines: §15061(b)(3) in that it can be seen with certainty that there is no possibility that this action may have a significant impact on the environment. (1) §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that there is no possibility that th is action may have a significant impact on the environment.
(2) §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s 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.
SECTION 2. OBJECTIVE DESIGN STANDARDS
The City Council adopts this resolution adopting the Objective Design Standards attached as Exhibit “A” and incorporated by reference as though fully set forth herein.
SECTION 3. CLARIFICATIONS AND REVISIONS
The City Council hereby delegates r esponsibility to the Community Development Director, or their designee, to make miscellaneous, minor administrative, clarifying, technical, or other changes, as necessary, to facilitate implementation of the adopted Objective Design Standards or maintain compliance with State law.
SECTION 4. EFFECTIVE DATE
The effective date of this resolution shall be ____________________.
ATTACHMENT B
Resolution No. 2023-_____ (PLN2023-00213)
Adopted by City Council on ____________________ Page 4 of 4
SECTION 5. ADOPTION DATE
The City Council adopted this resolution on ____________________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney