Fremont City Council
March 19, 2024

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Community
Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police

Fremont City Council Agenda and
Report
March 19, 2024

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - March 19, 2024

March 19, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending March 19, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/84745352994
Webinar ID: 847 4535 2994

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

Your interest in the conduct of our City’s business is appreciated.

March 19, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
March 19, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Kassan from:

Hampton Inn Baltimore Downtown Convention Center
Hotel Business Center
550 Washington Blvd.

Baltimore MD 21230

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. SOLID WASTE COLLECTION CONTRACT PREVAILING WAGE ADJUSTMENT - Approve Payment of $252,647 to Settle Retroactive Component of Prevailing Wage Extraordinary Adjustment Claim with Republic Services Contact Persons:

Name: Kathleen Cote-Guarnieri LaShawn Butler
Title: Environmental Services
Manager
Interim Community Services
Director
Dept: Environmental Services Community Services
Phone: 510-494-4583 (510) 494-4329
E-Mail: [email protected] [email protected]

March 19, 2024 Fremont City Council Page 4

RECOMMENDATIONS:

1. Authorize the City Manager, or her designee, to execute the Second Amendment to the Amended and Restated Agreement for the Collection, Processing, and Disposal of Municipal Solid Waste, Recyclables, and Organic Waste.

2. Appropriate $252,647 from the Integrated Waste Management Fund Unallocated Fund Balance for the lump sum settlement payment.

D. ON-CALL TREE MAINTENANCE AND GENERAL GROUNDWORK AND DEBRIS REMOVAL SERVICES - Award Agreements and Authorize the City Manager or her Designee to Execute On-Call Tree Maintenance and General Groundwork and Debris Removal Services Agreements with BrightView Tree Services, Rapid Response and West Coast Arborists
Contact Persons:

Name: Andrew Freeman LaShawn Butler
Title: Business Manager Interim Community Services
Director
Dept: Community Services Community Services
Phone: 510-494-4757 (510) 494-4329
E-Mail: [email protected] [email protected]

RECOMMENDATION: Award On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreements and authorize the City Manager or her designee to execute the agreements, each through June 30, 2029, with Brightview Tree Services, Rapid Response and West Coast Arborists.

E. CAPITAL PROJECT CLOSEOUTS - Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Reallocations and Appropriations.

Contact Persons:

Name: Tiffany Curotto Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4548 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Approve the closeout of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds;

2. Approve the defunding of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds; and

3. Approve appropriation actions identified on Exhibit A.

F. ENVIRONMENTAL SITE ASSESSMENT AND SOIL TESTING - Approval of Agreements for On-Call Environmental and Soil Testing Consulting Services in the Amount of $1,250,000 per Agreement with Millennium Consulting Associates, Partner Engineering and Science, and TRC Solutions, Inc.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
March 19, 2024 Fremont City Council Page 5

RECOMMENDATION: Approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. Millennium Consulting Associates for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

2. Partner Engineering and Science for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

3. TRC Solutions, Inc. for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

4. Find that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

3. Ceremonial Items
A. Proclamation: Celebrating American Red Cross Month
B. Proclamation: Proclamation for Women’s History Month

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261) – Public Hearing (Published Notice) To Consider a Third Party Appeal of the Planning Commission’s Approval of a Conditional Use Permit For a Stealth Wireless Telecommunication Facility Located on the Ohlone College Campus at 43600 Mission Boulevard, and a Resolution Approving the Conditional Use Permit Based Upon Findings and Conditions Including a Finding that No Further Environmental Review is Required Pursuant the California Environmental Quality Act (CEQA) Per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, 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.

Contact Persons:

Name: Spencer Shafsky Joel Pullen
Title: Planner II Planning Manager
Dept: Planning Planning
Phone: 510-494-4452 510-494-4436
E-Mail: [email protected] [email protected]

March 19, 2024 Fremont City Council Page 6

RECOMMENDATIONS:

1. Hold public hearing.

2. Adopt a Resolution denying the appeal, adopting findings, and approving Conditional Use Permit PLN2023-00261 as shown on Exhibit “A” subject to findings and conditions in Exhibit “B.”

B. 2023 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN AND HOUSING ELEMENT (PLN2024-00067) – Public Hearing (Published Notice) to consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider a finding that the annual report is exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Dept: Planning Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find that the APR is exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

2. Accept Exhibit “A” and Exhibit “B,” which depict the status of the General Plan and Housing Element, respectively, and direct Staff to submit the required materials to OPR and HCD.

6. Other Business
A. PRESENTATION ON REGIONAL AFFORDABLE HOUSING BOND
Michelle Starratt, Director and Jennifer Pearce, Deputy Director of the Alameda County Housing and Community Development Department will provide background and seek Council input on the Bay Area Housing Finance Authority’s Affordable Housing Bond proposed for the November 2024 ballot.

B. AFFORDABLE HOUSING AWARDS - Evaluation of Affordable Housing Proposals Received in Response to the 2023 Notice of Funding Availability (NOFA); Request for Council to Appropriate Funds and Adopt Resolutions and Authorize Execution of Agreements for Three Affordable Housing Projects with USA Properties Fund, Inc., The Pacific Companies and Maracor Development, and Community Development Partners Contact Persons:

Name: Lucia Hughes Dan Schoenholz
Title: Housing Manager Community Development Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4438
E-Mail: [email protected] [email protected]
March 19, 2024 Fremont City Council Page 7

RECOMMENDATIONS:

1. For the 150-unit project proposed by USA Properties Fund, Inc. adopt a Resolution authorizing the City Manager or her designee to: 1) execute loan documents and take such other actions as required to provide a loan of $12.85 million (in the form of a 55-year loan at a rate of 3% simple interest); 2) Correspondingly, appropriate $8.85 million to the project from Fund 196 (affordable housing fees) and $4 million to the project from Fund 111 (Low Moderate Income Housing Asset Fund).

2. For the 240-unit project proposed by The Pacific Companies and Maracor Development, adopt a Resolution authorizing the City Manager or her designee to: 1) execute loan agreements and take such other actions as required to provide a loan of $12 million (in the form of a 55-year loan at a rate of 3% simple interest); 2) Correspondingly, appropriate $12 million to the project from Fund 196 (affordable housing fees).

3. For the 96-unit project proposed by Community Development Partners, adopt a Resolution authorizing the City Manager or her designee to: 1) execute loan agreements and take such other actions as required to provide a loan of $10 million (in the form of a 55-year loan at a rate of 3% simple interest); 2) Correspondingly, appropriate $10 million to the project from Fund 196 (affordable housing fees).

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. COUNCILMEMBER CAMPBELL REFERRAL – Statement from Fremont City Council on the Conflict in Gaza and Israel
Contact Persons:

Name: Desrie Campbell
Title: Councilmember
Dept: City Council
Phone: 510-284-4008
E-Mail: [email protected]

RECOMMENDATION: Requesting each Councilmember sign a united statement (reference attached draft statement) on the conflict in Gaza and Israel, and direct staff to publish the signed statement through all city media outlets and issue a press release.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
March 19, 2024 Fremont City Council Page 8

March 19, 2024 Fremont City Council Page 9

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

March 19, 2024 Fremont City Council Page 10

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 March 19, 2024 7:00 p.m. City Council Meeting Council Chambers Live
March 26, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
April 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 30, 2024 No City Council Meeting
(5th Tuesday)
Monday,
May 6, 2024 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live May 7, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 14, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 21, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 28, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
June 4, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 11, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 18, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
June 25, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
July 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
July 23, 2024 CANCELLED: CC/FUSD
Liaison Committee Meeting
August Recess Council in Recess until
September

Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5101) DOC ID: 5101
Updated: 3/15/2024 3:01 PM by Susan Gauthier Page 1

SOLID WASTE COLLECTION CONTRACT PREVAILING WAGE ADJUSTMENT - Approve Payment of $252,647 to Settle Retroactive Component of Prevailing Wage Extraordinary Adjustment Claim with Republic Services Contact Persons:

Name: Kathleen Cote-Guarnieri LaShawn Butler
Title: Environmental Services Manager Interim Community Services Director
Div/Dept: Environmental Services Community Services
Phone: 510-494-4583 (510) 494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The City has a franchise agreement with Republic Services for the collection of all municipal solid waste, recycling and organic waste generated within the City.

A significant component of solid waste collection costs is driver labor, and Republic Services is required to pay prevailing wage. The prevailing wage rates that went into effect in July 2022 (7.2%) and subsequently increased in July 2023 (5.35%) were higher than the CPI allowance that had been incorporated in the biennial rate setting calculations . Republic Services submitted a request for an extraordinary compensation review to address this discrepancy and staff recommended settling the extraordinary claim in two segments. A prevailing wage component was incorporated into the 2024-2025 rate setting calculations to ensure collection rates would be sufficient to cover driver labor costs incurred from January 1, 2024, forward.

As indicated in the rate setting City Council report, staff is returning to the City Council with a recommendation on the retroactive component of Republic Service’s extraordinary cost claim for July 1, 2022, through December 31, 2023. Staff is recommending a lump sum payment of $252,647 to settle the claim. This payment would be funded from the Integrated Waste Management Unallocated Fund Balance (Fund 115) maintained expressly for one time or unexpected solid waste costs occurring between rate setting periods. There would be no General Fund impact.

Staff is recommending the City Council authorize the City Manager or her designee to execute the Second Amendment to the Amended and Restated Agreement for the Collection, Processing, and Disposal of Municipal Solid Waste, Recyclables, and Organic Waste to settle Republic Service’s extraordinary claim and make the required updates to the impacted provisions of the contract.

BACKGROUND:

Prevailing Wage Adjustment: Republic Services is required to pay prevailing wages to its collection drivers who are represented by International Brotherhood of Teamsters Local 70 (Teamsters Local 70). Solid waste collection driver classifications are not included in the general prevailing wage determinations published by the Department of Labor Relations so prevailing wage is therefore determined by collective bargaining agreements. Waste Management employs the largest number of drivers in any single driver wage classification

2.C
Packet Pg. 11
Council Staff Report (ID # 5101) Meeting of March 19, 2024 Updated: 3/15/2024 3:01 PM by Susan Gauthier Page 2
in Alameda County; therefore, the Collective Bargaining Agreement between Waste Management and Teamsters Local 70 establishes the prevailing wages applicable to all solid waste providers operating in Alameda County. The prevailing wage increase that went into effect in July 2022 (7.2%), and subsequently increased in July 2023 (5.3%), was higher than the variable component adjustment incorporated in the biennial rate setting calculations.

Variable Component Adjustment: The biennial rate setting calculations specified in the Republic Services Agreement includes a variable component designed to capture CPI and labor cost increases for collection services. Historically, the adjustment has used a blended index consisting of 88% CPI and 12% US City Average Health Insurance Index. For the 2024-2025 rate setting calculations, the blended index was modified to 45% CPI, 12% US City Average Health Index, and 43% prevailing wage adjustment, to address prevailing wages moving forward and calculate increases more accurately. Staff is recommending revising the contract language to incorporate this refinement into the biennial rate setting process.

Commercial Recycling Rates: Commercial recycling rates are set at 75% of the commercial refuse rate for each bin size and frequency level. Historically, the City has not offered 6-day per week recycling services. After the 2024-2025 rates were adopted by the City Council, Republic Services received several customer requests for 6-day per week recycling service.

To respond to customer demand in a timely manner, staff recommends adding a 6-day per week commercial recycling service level to the rate matrix as part of the second amendment rather than deferring the item to the 2026-2027 rate setting cycle.

Health Insurance Index: Staff discovered an inconsistency with the Health Insurance Index language between the City’s franchise agreements. Language clarifying that the biennial adjustment will be no less than the CPI was inadvertently omitted from the City’s Restated Agreement with Republic Services. Staff recommends updating the language as part of the second amendment to provide consistency with the City’s other franchise agreements.

DISCUSSION/ANALYSIS: The portion of labor expense eligible for extraordinary compensation review is limited to the difference between the prevailing wage increase (as determined by the Collective Bargaining Agreement) and the CPI increase. Therefore, the prevailing wage extraordinary costs for the period of July 2022 through December 2023 were calculated as described below:

• Summarized labor operating costs for the period of July 2022-June 2023, and July 2023–December 2023 ($22,232,528 and $11,330,154 respectively) • Calculated Fremont’s labor operating costs using the driver hours allocation for the two periods (70.00% or $15,562,769 and 69.35% or $7,857,253 respectively) • Calculated the CBA increase above the CPI (eligible percentage) for the two periods (0.401% and 2.421% respectively)
• Applied the eligible percentage to Fremont’s labor cost for the two periods ($62,442 and $190,205 respectively)

Using this methodology, the recommended compensation payment for prevailing wage extraordinary costs for July 2022-December 2023 is $252,647.

2.C
Packet Pg. 12
Council Staff Report (ID # 5101) Meeting of March 19, 2024 Updated: 3/15/2024 3:01 PM by Susan Gauthier Page 3

FISCAL IMPACT: The recommended lump sum payment would be funded from the Integrated Waste Management Unallocated Fund Balance (Fund 115) maintained expressly for one-time or unexpected solid waste costs occurring between rate-setting periods. There would be no General Fund impact.

ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Authorize the City Manager, or her designee, to execute the Second Amendment to the Amended and Restated Agreement for the Collection, Processing, and Disposal of Municipal Solid Waste, Recyclables, and Organic Waste.

2. Appropriate $252,647 from the Integrated Waste Management Fund Unallocated Fund Balance for the lump sum settlement payment.

2.C
Packet Pg. 13
Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5094) DOC ID: 5094 A
Updated: 3/15/2024 2:19 PM by Susan Gauthier A Page 1

ON-CALL TREE MAINTENANCE AND GENERAL GROUNDWORK AND DEBRIS REMOVAL SERVICES - Award Agreements and Authorize the City Manager or her Designee to Execute On-Call Tree Maintenance and General Groundwork and Debris Removal Services Agreements with BrightView Tree Services, Rapid Response and West Coast Arborists
Contact Persons:

Name: Andrew Freeman LaShawn Butler
Title: Business Manager Interim Community Services
Director
Div/Dept: Community Services Community Services
Phone: 510-494-4757 (510) 494-4329
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the approval of three separate maintenance agreements for on-call tree trimming, maintenance and general groundwork and debris removal within City parks, medians, right of ways, and other City owned parcels.

BACKGROUND: In 2017, tree related safety and maintenance issues increased, and the staff identified the need for on-call contractual tree maintenance services support. On March 13, 2018, the City Council approved the initial agreements to address the City’s on call tree trimming, maintenance and general groundwork and debris removal needs Citywide. Four vendors were selected via Request for Proposal (RFP) 18-012 to address these needs: Brightview Tree Care Services, Imhof, Professional Tree Care Company, and West Coast Arborists, with the City option to decide which vendors to extend terms through June 30, 2024.

This work has advanced preventative maintenance measures and aided efforts to manage safety and liability tree issues throughout the City. City staff has worked with these vendors to identify potential tree issues to support proactive tree work to mitigate potential hazards.

Additionally, these contractors have added capacity to the City’s response efforts to meet the ongoing community and weather-related demand for tree services, which has totaled over 140 task orders at a cost of $2.15 million to date.

Staff anticipates preventative measures to mitigate risk, community and weather-related demand will continue to be leading causes for tree services requiring City service response.

DISCUSSION/ANALYSIS: A Request for Proposals (RFP 24-010) for On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal to renew this service was publicly advertised on September 8, 2023. The maintenance service categories identified in the scope of services include the following:

1. Tree pruning

2. Tree removal

3. Tree planting

2.D
Packet Pg. 14
Council Staff Report (ID # 5094) Meeting of March 19, 2024 Updated: 3/15/2024 2:19 PM by Susan Gauthier A Page 2

4. Emergency response

5. Line clearance pruning

6. Clearance pruning

7. Specialty equipment rental

8. Arborist services/inspection

9. Groundwork (e.g., but not limited to shrub pruning and clearance)

10. Debris Removal

11. Additional work

12. GPS Tree inventory

The City received eight competitive proposals in response to RFP 24-010. An evaluation panel consisting of City staff rated the proposals using the scoring criteria included in the RFP. The scoring weighed qualifications, feasibility, costs, responsiveness and meeting the City’s service agreement terms. Based on the scoring results the following contractors are eligible for service agreements:

1. Brightview Tree Services

2. Rapid Response

3. West Coast Arborist

Multiple eligible contract awards will provide the City with the capacity to continue to promptly address tree maintenance services. These agreements will have various values based on the work the City requires. All contractors were required to provide hourly rates for the services advertised in the RFP.

Staff is recommending awarding three contracts, Brightview Tree Services, Rapid Response and West Coast Arborist, each having a five-year term through June 30, 2029. The annual not-to-exceed amount for each contractor will vary depending on the type of work assigned, but staff doesn’t anticipate the combined total cost exceeding $540,000 in any year. Compensation adjustments of up to 5% may be considered each July 1st after June 30, 2025.

FISCAL IMPACT: The funding for these on-call tree maintenance services is included in the Fiscal Year 2023/24-2027/28 Adopted Capital Improvement Plan and is allocated in the Capital Maintenance Replacement for Parks project (PWC 8501). Since these are on-call services, the approval of future services is subject to the availability of fundin g.

ENVIRONMENTAL REVIEW: Approval of on-call tree maintenance agreements is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because any environmental impacts associated with any specific tree maintenance activity are speculative at this time, and it is anticipated that compliance with Fremont Municipal Code Chapter 18.218 (Standard Development Requirements) will be sufficient to avoid such impacts. Typical tree maintenance activities will be exempt pursuant to CEQA Guidelines 15301(h) (maintenance of existing landscaping), but further review may be necessary on a case-by-case basis.

ATTACHMENTS: None.

2.D
Packet Pg. 15
Council Staff Report (ID # 5094) Meeting of March 19, 2024 Updated: 3/15/2024 2:19 PM by Susan Gauthier A Page 3
RECOMMENDATION: Award On-Call Tree Trimming, Maintenance and General Groundwork and Debris Removal Agreements and authorize the City Manager or her designee to execute the agreements, each through June 30, 2029, with Brightview Tree Services, Rapid Response and West Coast Arborists.

2.D
Packet Pg. 16
Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Public Projects

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5095) DOC ID: 5095
Updated: 3/15/2024 2:29 PM by Susan Gauthier Page 1
CAPITAL PROJECT CLOSEOUTS - Approve the Closeout of Completed Capital Projects and Partial Defunding of Selected Projects; and Approval of Fund Reallocations and Appropriations.

Contact Persons:

Name: Tiffany Curotto Hans Larsen
Title: Management Analyst II Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4548 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate administrative adjustments to the City’s Capital Budget by: 1) returning unused appropriations to their respective funding source; 2) reallocating unused appropriations to other existing projects; and 3) exchanging the source of project funding for some items. The recommended actions include “closing out” 14 completed projects.

BACKGROUND: The City’s current 5-Year Capital Improvement Program (CIP) and Capital Budget was approved by the City Council in June 2023 and includes investments in the amount of approximately $296 million for the repair and improvement of the City’s parks, buildings, and transportation system. The City currently manages over 220 capital projects in various stages of development that have received an appropriation of funds by the City Council. The majority of these projects are successfully managed by staff through project completion, consistent with initial budget appropriation amounts. Staff also pursues funds from internal and outside sources whenever possible to either wholly fund or offset City project expenses.

Typically, during the mid-year timeframe, staff identifies various administrative adjustments to the Capital Budget for City Council approval to allow for: closing out completed projects; adapting to changing circumstances; and enabling the most effective use of funds.

DISCUSSION/ANALYSIS: The following describes various funding actions recommended in this staff report.

Project Closeouts

Upon completion of right-of-way acquisition, construction and other related activities, some capital projects have remaining budget appropriations. Historically, projects with over- expended balances are offset against projects with under-expended balances within the fund, and all are closed simultaneously. Staff periodically requests City Council approval to close projects and return unused funds to available fund balance for appropriation in the next Capital Budget cycle, return to granting agencies, or appropriate to active capital projects as reflected on Exhibit A. A total of 14 projects are proposed for a “CLOSEOUT” action.

2.E
Packet Pg. 17
Council Staff Report (ID # 5095) Meeting of March 19, 2024 Updated: 3/15/2024 2:29 PM by Susan Gauthier Page 2
A notable project closeout action is the termination of the “39180 Liberty Street Acquisition” project, which will result in returning $6.7 million to the Strategic Investment Opportunities Reserve.

Project Defund and Reallocation of Funds

Staff has identified some active or ongoing projects with remaining appropriations that are in excess of current project needs or where it is beneficial to fund the project with another source of funding as shown on Exhibit A as a “DEFUND” action. The funds then are either made available for appropriation in the next Capital Budget cycle, returned to granting agencies, or appropriated to active capital projects.

A State grant from the Affordable Housing and Sustainable Communities (AHSC) program was received and approved by Council action on February 21, 2023. At that time $4.3 million was allocated to the PWC8946 Centerville Complete Streets project. The grant funds are intended to be allocated for two projects with $2.8 million remaining in the Centerville Complete Streets project and $1.5 million used for a new project to improve the Centerville Train Depot plaza. Accordingly, it is recommended that $1.5 million is defunded from the Centerville Complete Streets project and reallocated to the new PWC9113 Centerville Train Depot Plaza Improvements project.

A new project appropriation is proposed to develop an improvement at the Mowry Avenue pump station site, located west of Mission Boulevard, to address issues with reoccurring mudslides, flooding, and road closures due to storm events. It is recommended that $200,000 be reallocated from PWC8933 Measure BB Projects (City Staff Participation) to establish the PWC9114 Mowry Pump Station Site Improvements project.

In addition, the current CIP provided for an additional General Fund transfer to the CIP in an amount of $5.5 million to support Pavement Maintenance ($2.5 million), Building Maintenance ($2 million), and Park Maintenance ($1 million). As part of the Midyear Budget Report presented on March 5, 2024, the City Council approved amending the Capital Budget to return some of these funds back to the General Fund as follows: defunding the $4.5 million transfer to Pavement Maintenance and Building Maintenance in FY 2023/24 and the $5.5 million transfer to Pavement Maintenance, Building Maintenance and Park Maintenance in FY 2024/25.

Project Appropriations

As funds become available through project closeout and defunding, or from new funding allocations, eligible projects are identified to receive funds. Recommended appropriations include active projects receiving budget augmentation for project completion or continuation of existing programs and reallocation of funding sources. A list of project “APPROPRIATION” actions is included in Exhibit A. Among the recommended actions includes a transfer of $20,000 from the Integrated Management Open Space Account in the Integrated Waste Management Fund (Fund 115) to the Outside Sources Capital Projects Fund (Fund 502) for appropriation to the Sabercat Trail Extension Project (PWC8977), as well as an appropriation of private development in-lieu fees from Steel Wave LP in an amount of $100,000 to the PWC8493 Kato Road Complete Streets project.

2.E
Packet Pg. 18
Council Staff Report (ID # 5095) Meeting of March 19, 2024 Updated: 3/15/2024 2:29 PM by Susan Gauthier Page 3
FISCAL IMPACT: The recommended actions will: 1) close out 14 projects and return $7.1 million to fund balance for reprogramming; 2) defund eight projects which will return an additional $7.3 million to fund balance for reprogramming; and 3) reprogram $9.9 million among existing projects and two new projects.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378.

ATTACHMENTS:
• Exhibit A - Capital Project Cleanup Action Items

RECOMMENDATIONS:

1. Approve the closeout of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds;

2. Approve the defunding of the capital projects identified on Exhibit A and return the remaining project appropriations to available fund balance in their respective funds; and

3. Approve appropriation actions identified on Exhibit A.

2.E
Packet Pg. 19

Exhibit A - Capital Project Cleanup Action Items

PWC
#
Project Name Total
Amount
Action
8458 Traffic Signal Priority List $0 CLOSEOUT
8885 Central Park Corp Picnic Area $941 CLOSEOUT
8901 Vision Zero $35,624 CLOSEOUT / APPROPRIATION
$35,624 from PWC8901-136 to PWC8944-136
Pedestrian Improvements.
8927 Fremont / Mowry /Stevenson
Protected
$115 CLOSEOUT
8928 Morrison Canyon Slide
Cleanup
$4,579 CLOSEOUT
8964 Dusterberry Way Safety
Improvements
$109,200 CLOSEOUT
8986 Traffic Incident Management
Program
$7,286 CLOSEOUT
8988 Park Meadow Drive Storm
Drain Repair
$35,501 CLOSEOUT
8990 Storage Building Maintenance
Center
$54,724 CLOSEOUT / APPROPRIATION
$54,724 from PWC8990-501 to PWC8475-501
Firing Range Lead Abatement.
8995 Police Outdoor Firing Range
Renovation
$48,097 CLOSEOUT / APPROPRIATION
$48,097 from PWC8995-501 to PWC8475-501
Firing Range Lead Abatement.
9027 Basketball Court Resurfacing
Multiple Locations
$12,282 CLOSEOUT
9033 Niles Boulevard & Rancho
Arroyo Parkway Safe and
Complete Streets
$12,269 CLOSEOUT / APPROPRIATION
 $12,269 from PWC9033-531 to PWC8946-
531 Centerville Complete Streets.
9036 2022 Pedestrian Crossing
Enhancement
$54,642 CLOSEOUT / APPROPRIATION
 $32,893 from PWC9036-502 to PWC8239-
502 Concrete Repair Program.
 $21,749 from PWC9036-501 to PWC8944-
501 Pedestrian Improvements.
9107 39180 Liberty Street
Acquisition
$6,744,762 CLOSEOUT / APPROPRIATION
$6,744,762 from PWC9107-501 to PWC8811-
501 Strategic Investment Opportunity.
7101 CIP Emerging Project Reserve $23,005 DEFUND / APPROPRIATION $23,005 from PWC7101-501 to PWC8475-501
Firing Range Lead Abatement.
8195 Pavement Maintenance $2,500,000 DEFUND (return to General Fund) 8393 Major Building Modifications
(Citywide)
$1,800,000 DEFUND (return to General Fund)
8394 Minor Building Modifications
(Citywide)
$200,000 DEFUND (return to General Fund)
8581 Dusterberry Neighborhood
Park Development
$75,000 DEFUND / APPROPRIATION
$75,000 from PWC8581-540 to PWC9028-540
Central Park Path FCC to Lions Picnic Area.

2.E.a
Packet Pg. 20
Attachment: Exhibit A - Capital Project Cleanup Action Items (5095 : CAPITAL PROJECT CLOSEOUTS)

Exhibit A - Capital Project Cleanup Action Items

PWC
#
Project Name Total
Amount
Action
8933 Measure BB Projects (City
Staff Participation)
$778,485 DEFUND / APPROPRIATION
 $120,000 from PWC8933-136 to PWC8593-
136 Traffic Service Operations.
 $80,466 from PWC8933-136 to PWC8874-
136 Bikeway Improvements.
 $49,438 from PWC8933-136 to PWC8944-
136 Pedestrian Improvements.
 $28,581 from PWC8933-531 to PWC9076-
531 Fremont/Grimmer/Eugene Protected
Intersection.
 $300,000 from PWC8933-136 to PWC9076-
136 Fremont/Grimmer/Eugene Protected
Intersection.
 $200,000 from PWC8933-136 to new
PWC9114-136 Mowry Pump Station Site
Improvements.
8946 Centerville Complete Streets $1,500,000

DEFUND / APPROPRIATION
$1,500,000 from PWC8946-525 to new
PWC9113-525 Centerville Train Depot Plaza.
9041 Regional Projects Funding
Match
$467,907 DEFUND / APPROPRIATION
 $137,907 from PWC9041-531 to PWC8946-
531 Centerville Complete Streets.
 $5,239 from PWC9041-518 to PWC8946-
518 Centerville Complete Streets.
 $124,761 from PWC9041-515 to PWC8946-
515 Centerville Complete Streets.
 $50,000 from PWC9041-515 to PWC9025-
515 Decoto Rd. Complete Streets.
 $150,000 from PWC9041-531 to PWC9025-
531 Decoto Rd. Complete Streets.
8493 Kato Road Complete Streets $100,000 APPROPRIATION
Accept and appropriate monies received from
Steel Wave, LP. in an amount of $100,000 to
PWC8493-502 for in-lieu contribution towards
roadway improvements.
- Integrated Waste Management
Open Space Fees
$20,000 APPROPRIATION
$20,000 from the Integrated Management Open
Space Fund (11561096.8500) to PWC8977-502
Sabercat Trail Extension Project.

2.E.a
Packet Pg. 21
Attachment: Exhibit A - Capital Project Cleanup Action Items (5095 : CAPITAL PROJECT CLOSEOUTS) Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5096) DOC ID: 5096
Updated: 3/15/2024 2:33 PM by Susan Gauthier Page 1
ENVIRONMENTAL SITE ASSESSMENT AND SOIL TESTING - Approval of Agreements for On-Call Environmental and Soil Testing Consulting Services in the Amount of $1,250,000 per Agreement with Millennium Consulting Associates, Partner Engineering and Science, and TRC Solutions, Inc.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Principal Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the procurement of on-call Environmental Site Assessment (ESA) and soil testing consulting services as needed to support the timely development of projects funded through the City’s Capital Improvem ent Program (CIP).

BACKGROUND: On-call consultant services agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand. The work performed under these agreements will address Capital Improvement Program (CIP) projects, such as parks and public works projects, to be undertaken in the next five years, many of which will require environmental site assessment and soil testing services. These agreements will allow the City to expediently develop plans, specifications, and budgets without delay to project schedules.

DISCUSSION/ANALYSIS: In November 2023, the City published a Request for Proposals for On-Call ESA and Soil Testing Consultant Services. The selected consultants will work under a five-year Master Service Agreement.

Ten proposals were received from the following consultant firms, listed alphabetically:

Blackburn Consultant, BSK Associates, EFI Global, ENGEO, Farallon Consulting, Millenium Consulting Associates, Ninyo & Moore, Partner Engineering and Science, SCA Environmental, and TRC Solutions.

An evaluation panel comprised of City staff evaluated all of the proposals based on the completeness of the proposal, project scope and understanding, overall experience to perform the required services, evaluation of assigned personnel and their experience, billing rates, and the Consultant’s overall project approach.

Based on the results of that evaluation, staff recommends that City Council award contracts for On-Call ESA and Soil Testing Consultant Services to three consulting firms; 1) Millennium Consulting Associates, 2) Partner Engineering and Science, and 3) TRC Solutions, Inc. in the not-to-exceed amount of $1,250,000 each over a period of five years.

2.F
Packet Pg. 22
Council Staff Report (ID # 5096) Meeting of March 19, 2024 Updated: 3/15/2024 2:33 PM by Susan Gauthier Page 2
FISCAL IMPACT: All task order work issued, and work performed by the consultants under the on-call Master Service Agreements will be restricted to the funds appropriated and available for the specific project for which the work is required.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of these agreements is not a project within the meaning of California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061 (b)(3) and 15378(b) as it can be seen with certainty that there is no possibility that award of these contracts will have a significant effect on the environment and the award is an administrative activity that will not result in an effect on the physical environment. The projects for which the consulta nts will provide services will be subject to appropriate environmental review.

ATTACHMENTS: None.

RECOMMENDATION: Approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. Millennium Consulting Associates for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

2. Partner Engineering and Science for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

3. TRC Solutions, Inc. for On-Call ESA and Soil Testing Consultant Services for a total not to exceed amount of $1,250,000 for five years.

4. Find that the actions are exempt from environmental review, each as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 (administrative and funding activity not a “project” under CEQA) and Section 15061 (no possibility the activity may have significant effect on the environment).

2.F
Packet Pg. 23
Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Appeals

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5084) DOC ID: 5084
Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 1

APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261) – Public Hearing (Published Notice) To Consider a Third Party Appeal of the Planning Commission’s Approval of a Conditional Use Permit For a Stealth Wireless Telecommunication Facility Located on the Ohlone College Campus at 43600 Mission Boulevard, and a Resolution Approving the Conditional Use Permit Based Upon Findings and Conditions Including a Finding that No Further Environmental Review is Required Pursuant the California Environmental Quality Act (CEQA) Per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, 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.

Contact Persons:

Name: Spencer Shafsky Joel Pullen
Title: Planner II Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4452 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: AT&T Mobility requested a Conditional Use Permit (CUP) to remove an existing eucalyptus tree and install an 80-foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (monoeucalyptus) in its place and an associated equipment enclosure on the Ohlone College Campus at 43600 Mission Boulevard.

The project received a recommendation from the Historical Architectural Review Board (HARB) and was approved by the Planning Commission. A third-party appeal was filed asking the City Council to deny the Conditional Use Permit on the grounds that the proposed facility is unnecessary, will negatively impact public health, is not the least intrusive means to close the gap in service, and is located too close to residential properties. Staff recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of the Conditional Use Permit to allow the proposed monoeucalyptus and associated equipment enclosure to be constructed.

BACKGROUND: The subject third-party appeal requests that the City Council overturn the approval of a Conditional Use Permit for an AT&T wireless facility consisting of an 80 -foot tall stealth monopole disguised as a eucalyptus tree (“monoeucalyptus”) and associated ground equipment enclosure proposed to be located on the Ohlone College Campus. The project was previously reviewed by the Historical Architectural Review Board and the Planning Commission, as detailed below.

Historical Architectural Review Board (HARB) Review and Recommendation The subject site is located within the Mission San Jose Historical Overlay District (HOD). Per Chapter 18.135.050 of the Fremont Municipal Code (FMC), new buildings, structures and

5.A
Packet Pg. 24
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 2
signage within the HOD require review by the Historical Architectural Review Board (HARB) for compatibility with the applicable design guidelines of the HOD.

On September 7, 2023, a public hearing was conducted by HARB to consider the project.

The project was found to be compliant with the Mission San Jose HOD Guidelines and was recommended by HARB for approval. See attached HARB minutes attached as Informational Enclosure 1.

Planning Commission Action
On October 26, 2023, the Planning Commission held a public hearing and voted to approve staff’s recommendation supporting the proposed facility’s CUP. The project was opposed by several neighborhood residents who were concerned with the impacts of radio frequency radiation (“RF emissions”), particularly on students at the college. Community members also brought up concerns regarding wireless service in the area and whether the site was the most appropriate location for a wireless facility.

Staff indicated during the Planning Commission hearing that it recommended approval of the application on the grounds that the facility: (a) is in compliance with the requirements set forth in FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines; (b) would be set back 700 feet from the nearest residential property; and (c) would be designed to resemble a eucalyptus tree so that it would not be visually intrusive. The applicant provided evidence that the tower’s radio frequency (RF) emissions would be well below federal standards. To demonstrate a need for the tower, the applicant also showed “before and after” coverage maps, discussed the rising need for cell reception in the area, and explained the impact of current demands for service on other cell towers in the vicinity . See attached Coverage Maps as Informational Enclosure 8. Finally, the applicant explained efforts taken to identify alternative sites and the reasons those sites were rejected. See attached Planning Commission minutes attached as Informational Enclosure 2.

Appeal
An Appeal of the Planning Commission’s decision to the City Council was filed by Salil Suri on November 3, 2023. The Appeal asserts that the proposed facility is unnecessary, will negatively impact public health, is not the least intrusive means to close the gap in service, and is located too close to residential properties. The Appeal letter is included in the attachments as Informational Enclosure 4 and the applicant’s (AT&T) response is attached as Informational Enclosure 5.

DISCUSSION/ANALYSIS:

Project Description and Setting
The project site is located on the Ohlone Community College campus adjacent to an existing parking lot approximately 1,000 feet to the east of Mission Boulevard and approximately 655 feet to the south of Witherly Lane. The area is within a fully developed section of the campus between the Administrative Services Offices and the Business and Technology building known as “Hyman Hall”. The wireless facility would be located in a landscaped area at the southeast rear portion of the parking lot. One existing mature eucalyptus tree would be removed and replaced with the monoeucalyptus in the same location.

The proposed 80-foot monoeucalyptus would contain nine antennas in three arrays of three antennas each, all located within the top branches of the monoeucalyptus. The proposed

5.A
Packet Pg. 25
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 3
monoeucalyptus and associated ground-based equipment would be located within a secured 900 square-foot leased area of the project site.

See Informational Enclosure 3 for the Planning Commission Report for the project.

Federal Regulations Governing Telecommunication Facilities The City Council’s consideration of the project is governed by both the City’s zoning regulations and the Federal Telecommunications Act. Under the City’s regulations, the project must be consistent with the General Plan and zoning for the site and comply with the development standards for wireless facilities set forth in FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines.

The Federal Communications Act limits the Council’s consideration of the project under these local standards in two significant ways. First, federal law prohibits the City from conditioning or denying the project based on concerns stemming from the environmental effects of RF emissions if the proposed facility complies with federal RF standards.

Regulation of RF emissions is preemptively regulated by the FCC. Local governments can require applicants to meet the FCC standards but cannot require lower radio frequency emission. (see 47 U.S.C. Sec. 332(c)(7)(B)(iv).

Second, federal law prohibits the City from denying a project if it has the effect of prohibiting the provision of wireless services, by materially limiting or inhibiting the ability of any competitor or potential competitor to compete in a fair and balanced regulatory environment.” (FCC Order 18-133 (Sept. 27, 2018). An effective “prohibition” exists if a city’s denial ”materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment.” (See FCC Order 18- 133 Part III A.35 and Part III C.82). In essence, the City may not deny an application if (a) the facility is necessary to fill a significant gap in the applicant’s own wireless network; and (b) the facility is the least intrusive means of filling the service gap.

Grounds of the Appeal
The appellant has listed seven grounds for their Appeal within Informational Enclosure 4.

The grounds of the Appeal and brief responses by the City are as follows. Please also see applicant’s letter, in Informational Enclosure 5, which contains responses to the assertions raised in the Appeal:

Ground #1: The Appeal asserts that under Federal Communications Commission (FCC) guidelines, the City of Fremont has freedom and power to regulate issues related to cell towers as long as it does not adopt its own radiation permissible exposure level.

The Federal Telecommunications Act of 1996 (the “Act”) severely restricts the ability of local governments to regulate or deny wireless telecommunication facility installations. Under the Act, local governments retain the ability to regulate installations for certain limited purposes (such as aesthetics). However, local governments are preempted from regulating or denying wireless installations based on concerns regulating radio frequency (“RF”) emissions. Local governments can require applicants to meet the FCC standards but cannot require lower radio frequency emission. (See 47 U.S.C. Sec. 332(c)(7)(B)(iv)). In addition, the City cannot deny an application if it would utilize the least intrusive means for filling a significant service coverage gap within the applicant’s own network.

5.A
Packet Pg. 26
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 4

The proposed project does not meet the standards for denial under the applicable requirements. As discussed below, the applicant has provided evidence that the proposed facility would be the least intrusive means for filling an identified significant gap in service coverage. FMC Chapter 18.187 — Wireless Facilities, as well as Chapter Four of the Fremont Citywide Design Guidelines, contain the requirements established for wireless telecommunication facilities. The proposed project was found to comply with these requirements, including setback, height, stealth design, and filling a gap in wireless coverage.

The proposal complies with all applicable requirements to comply with the RF exposure limitations set forth by the FCC. The applicant provided an RF report prepared by Waterford Consultants stating that the proposed wireless facility is within the FCC limits for RF exposure. See Informational Enclosure 6.

Ground #2: The Appeal asserts that there is no service gap in the Mission Tierra Area.

The applicant submitted coverage maps demonstrating that there is a significant service coverage gap in the area of Mission Boulevard and the project site. These maps show that AT&T lacks adequate indoor service on and around the Mission Tierra community. (See Informational Enclosure 8).

Ground #3: The Appeal asserts that the proposed facility is not the least intrusive means of filling the service gap.

The proposed facility has been designed to resemble a mature eucalyptus tree (monoeucalyptus) and would be located in an area of existing mature eucalyptus trees and administration buildings. The facility would be sited 700 feet to the south of the Mission Tierra community within a fully developed area of the Ohlone College Campus. The applicant submitted photo simulations demonstrating that the monoeucalyptus would conceal the panel antennas. See Informational Enclosure 7.

The applicant has provided substantial evidence that the proposed project would provide the be the least intrusive means for filling an identified gap in its service coverage. The project complies and is consistent with FMC Chapter 18.187 — Wireless Facilities, as well as the Fremont Citywide Design Guidelines, including Chapter Four, which contains the requirements established for wireless telecommunication facilities. The proposed project complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage.

The appellant has not provided further substantiation or evidence that supports their claim of visual intrusiveness or that a less intrusive means for filling the service gap is available.

Ground #4: The Appeal asserts the 80-foot tower will be intrusive to the neighborhood.

The installation is approximately 700 feet south of the Mission Tierra neighborhood and is designed as a “stealth” facility, which will minimize visual intrusion by approximating the size and appearance of a mature Eucalyptus tree where one presently exists. Appellant has

5.A
Packet Pg. 27
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 5
not provided further substantiation or evidence that support their claim of visual intrusiveness.

Ground #5: The Appeal asserts the removal of the existing mature tree accommodating the new cell tower violates the Mission San Jose HOD Design Guidelines and Regulations.

The proposal is consistent with the Mission San Jose HOD Design Guidelines and Regulations. The proposed wireless facility was reviewed at a public meeting of the City of Fremont Historical Architectural Review Board (HARB) on September 7, 2023, where the removal and replacement of the existing eucalyptus tree with the monoeucalyptus tree was found to be in compliance with the Mission San Jose Design HOD Guidelines. See Informational Enclosure 1 for the HARB report for the project.

Ground #6: The Appeal asserts the tower will lower property values.

The applicant has provided no substantial evidence to support their claim that the proposal would lower their property values. The proposed wireless facility is not proposed to be located within the Mission Tierra Neighborhood nor directly adjacent to an existing residential property. Impacts on property values (particularly, as here, theoretical impacts not supported by evidence) are not a relevant factor in the scope of the City’s wireless facility review.

Ground #7: The Appeal asserts the cell tower can be detrimental to the public safety.

The proposed cell tower would be constructed following the current Building and Fire codes in effect at the time of construction. The City has reviewed and approved many such facilities without incident. As noted above, the City is preempted from regulating or denying an application for cell tower on the basis of health concerns regarding RF emissions, beyond requiring compliance with FCC standards.

Findings for Approval

Conditional Use Permit Findings
The subject appeal hearing is considered de novo. In order to approve the proposed CUP, the City Council must make the following findings pursuant to FMC Section 18.230.060:

a. The proposed use is consistent with the General Plan and any applicable community or specific plan.

Analysis: The proposed wireless telecommunication facility is consistent with the General Plan because such facilities are a permitted use within the site’s Public Facility land use designation.
b. The site is physically suitable for the type and density or intensity, as applicable, of the proposed use.

Analysis: The project site is physically suitable for the proposed use as it is a fully developed site that features existing mature eucalyptus trees which the proposed

5.A
Packet Pg. 28
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 6
monoeucalyptus is designed to resemble.
c. The design, location, size, and operating characteristics of the proposed use are compatible with proposed development in the vicinity and in the zoning district.

Analysis: The proposed wireless telecommunications facility would improve the carrier’s existing wireless coverage for the area. The height of the antennas is the minimum height required to achieve the coverage area, and the facility is designed to accommodate one additional carrier. The project complies and is consistent with FMC Chapter 18.187 — Wireless Facilities, as well as Chapter Four of the Fremont Citywide Design Guidelines, which contain the requirements established for wireless telecommunication facilities. The proposed project complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage.
d. The proposed use would not be detrimental to the public health, safety, or welfare of persons or public property in the vicinity or the zoning district in which the use would be located.

Analysis: The project will be located on a stealth monopole designed to resemble a mature eucalyptus tree, which is an established feature of the project site. The wireless facility is compatible with surrounding uses and will not create nuisances because of its location and the provision of appropriate safety equipment. In addition, businesses, residents and first responders will benefit from the telecommunication facility. The project will comply with federal requirements for RF emissions.

ENVIRONMENTAL REVIEW: The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, which allows construction of limited numbers of new facilities or structures (such as a single-family residence, small commercial building, or accessory structure) as well as the installation of small new equipment and facilities in small structures 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.

ATTACHMENTS:
• Draft Resolution ATT Conditional Use Permit
• Exhibit A - Project Plans
• Exhibit B - Findings and Conditions of Approval
• Informational Enclosure 1 - HARB Staff Report
• Informational Enclosure 2 - Planning Commission Minutes • Informational Enclosure 3 - Planning Commission Staff Report • Informational Enclosure 4 - Appeal Letter
• Informational Enclosure 5 - Appeal Response Letter
• Informational Enclosure 6 - RF Report
• Informational Enclosure 7 - Photosimulations

5.A
Packet Pg. 29
Council Staff Report (ID # 5084) Meeting of March 19, 2024 Updated: 3/15/2024 2:12 PM by Susan Gauthier Page 7
• Informational Enclosure 8 - Coverage Maps

RECOMMENDATIONS:

1. Hold public hearing.

2. Adopt a Resolution denying the appeal, adopting findings, and approving Conditional Use Permit PLN2023-00261 as shown on Exhibit “A” subject to findings and conditions in Exhibit “B.”

5.A
Packet Pg. 30
Resolution 2024-XX Page 1 of 3 DRAFT

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

DENYING AN APPEAL AND APPROVING A CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023 -00261) AND

MAKING FINDINGS OF CEQA EXEMPTION

WHEREAS, AT&T Mobility applied for a Conditional Use Permit (CUP) to remove an existing eucalyptus tree and install an 80-foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (monoeucalyptus) in its place and an associated equipment enclosure on the Ohlone College Campus at 43600 Mission Boulevard; and

WHEREAS, on September 7, 2023, the Historical Architectural Review Board (HARB) held a public hearing, found that the project is compliant with the Mission San Jose HOD Guidelines, and recommended approval; and

WHEREAS, on October 26, 2023, the Planning Commission held a public hearing and found the project to be consistent with the General Plan, FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines and approved said project; and WHEREAS, an appeal was filed on November 3, 2023, to City Council challenging Planning Commission’s approval of the project; and
WHEREAS, on February 13, 2024, 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 was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony, and used its independent judgement to evaluate the project and the appellants grounds for the appeal.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. Findings. The City Council makes the following findings:

A. The project is in conformance with FMC Chapter 18.187, Wireless Facilities, Chapter Four of the Citywide Design Guidelines, and has been shown to be in compliance with the federal guidelines relating to RF exposure based on the applicant’s RF Exposure Report attached as Informational Enclosure 6.

B. The proposed use is consistent with the General Plan and any applicable community plan as such facilities are a permitted use within the site’s Public Facility land use designation.

5.A.a
Packet Pg. 31
Attachment: Draft Resolution ATT Conditional Use Permit (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Resolution 2024-XX Page 2 of 3

C. The site is physically suitable for the type and density or intensity, as applicable, of the proposed use as it is a fully developed site that features existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.

D. The design, location, size and operating characteristics of the proposed use are compatible with proposed development in the vicinity and in the zoning district as the project complies and is consistent with FMC Chapter 18.187 – Wireless Facilities, as well as Chapter Four of the Citywide Design Guidelines and complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage.

E. The proposed use would not be a detriment to the public health, safety, or welfare of persons or public property in the vicinity or the zoning district in which the use would be located as the wireless facility is compatible with surrounding uses and will not create nuisances because of its location and the project will comply with federal requirements for RF emissions.

F. Radio Frequency (RF) exposure is excluded from the purview of the City Council as the proposed use complies with federally mandated requirements.

SECTION 2. Appeal Denial. The City Council denies the Appeal challenging the Planning Commission’s approval of PLN2023-00261, based on the findings and subject to the conditions of approval attached as Exhibit B to the February 13, 2024 staff report.

SECTION 3. CEQA. The City Council finds that the project is exempt from the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, which allows construction of limited numbers of new facilities or structures (such as a single-family residence, small commercial building, or accessory structure) as well as the installation of small new equipment and facilities in small structures 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.

SECTION 4. Findings and Conditions of Approval. The City adopts the Findings and Conditions of Approval contained within the staff report for PLN2023-00261, attached as Exhibit B, and approves Conditional Use Permit PLN2023-00261.

SECTION 5. Effective Date. The resolution shall be effective upon adoption.

ADOPTED ___________________, 2024, by the City Council of the City of Fremont by the following vote:

AYES:

5.A.a
Packet Pg. 32
Attachment: Draft Resolution ATT Conditional Use Permit (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Resolution 2024-XX Page 3 of 3 NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

5.A.a
Packet Pg. 33
Attachment: Draft Resolution ATT Conditional Use Permit (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

VICINITY MAPCODE COMPLIANCEPROJECT DESCRIPTION
T-1.1TITLE SHEET

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C

DRIVING DIRECTIONS

PROJECT INFORMATION

SHEET INDEXSHEETDESCRIPTIONREVSHEETDESCRIPTIONREV
AT&T SITE NUMBER: CCL05050AT&T SITE NAME: MISSION BLVD43600 MISSION BOULEVARDFREMONT, CA 94539JURISDICTION: CITY OF FREMONT / DSAAPN: 513-0742-001SITE TYPE: WIC (WALK-IN-CABINET)FAUX EUCALYPTUS TREE ··········
SCALE: N/ATN

SITE LOCATION
INITIATIVE / PROJECT: NSBUSID#: 326091FA LOCATION CODE: 15906586RFDS ID #: 5666557RFDS VERSION: 2.00RFDS DATE: 04/03/2023PACE JOB#: MRSFR095382PTN#: 3701A15N2G

5.A.b
Packet Pg. 34
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

MOBILITY

5.A.b
Packet Pg. 35
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

MOBILITY

5.A.b
Packet Pg. 36
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261)) A-1.1

OVERALLSITE PLAN

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
TN

5.A.b
Packet Pg. 37
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261)) A-1.2SITE PLAN

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
TN

5.A.b
Packet Pg. 38
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-1.3

ENLARGEDSITE PLAN TN

5.A.b
Packet Pg. 39
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-1.4

EQUIPMENTPLAN
TN

5.A.b
Packet Pg. 40
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-2.1ANTENNA PLANTN

5.A.b
Packet Pg. 41
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-3.1ELEVATIONS

5.A.b
Packet Pg. 42
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-4.1

ANTENNADETAILS

5.A.b
Packet Pg. 43
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261)) at&tproperty of
In case of emergency, or prior to performingmaintenance on this site, call 800-638-2822and reference cell site number: FA#

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
A-4.2

EQUIPMENTDETAILS

5.A.b
Packet Pg. 44
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

PREPARED FOR

REVDESCRIPTIONDATE
SHEET TITLE:

SHEET NUMBER:

CHECKED BY:DRAWN BY:PROJECT NO:

IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THEDIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT.

Vendor:

Licensee:

ENGINEER:

AT&T SITE NO:-CCL05050
03/27/23ZD 90%
5001 Executive ParkwaySan Ramon, California 94583
Issued For:

CCL05050MISSION BLVD
0 APPROVED BY:ISSUE STATUS
THESE PLANS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE AND SHALL REMAIN THEPROPERTY OF STREAMLINE ENGINEERING AND DESIGN INC. WHETHER THE PROJECTS FOR WHICHTHEY ARE MADE ARE EXECUTED OR NOT. THESE DRAWINGS AND SPECIFICATIONS SHALL NOT BEUSED BY ANY PERSON OR ENTITY ON OTHER PROJECTS WITH OUT PRIOR WRITTEN CONSENT OF THEENGINEER. Copyright 2009, STREAMLINE ENGINEERING AND DESIGN INC. ALL RIGHTS RESERVED.C 8445 Sierra College Blvd, Suite E Granite Bay, CA 95746Contact: Kevin Sorensen Phone: 916-660-1930E-Mail: [email protected] Fax: 916-660-1941 SEAD--
43600 MISSION BOULEVARDFREMONT, CA 94539
CAD
Connecting a Wireless World
04/26/23CLIENT REV1C.T.C
E-1.1ELECTRICAL PLAN

5.A.b
Packet Pg. 45
Attachment: Exhibit A - Project Plans (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261))

Exhibit “B”
Findings and Conditions of Approval for PLN2023-00261 Conditional Use Permit 43600 Mission Boulevard (APN 513 074200100)

FINDINGS:

The subject appeal hearing is considered de novo. In order to approve the proposed CUP, the City Council must make the following findings pursuant to FMC Section 18.230.060:

a. The proposed use is consistent with the General Plan and any applicable community or specific plan.

Analysis: The proposed wireless telecommunication facility is consistent with the General Plan because such facilities are a permitted use within the site’s Public Facility land use designation.
b. The site is physically suitable for the type and density or intensity, as applicable, of the proposed use.

Analysis: The project site is physically suitable for the proposed use as it is a fully developed site that features existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.
c. The design, location, size, and operating characteristics of the proposed use are compatible with proposed development in the vicinity and in the zoning district.

Analysis: The proposed wireless telecommunications facility would improve the carrier’s existing wireless coverage for the area. The height of the antennas is the minimum height required to achieve the coverage area, and the facility is designed to accommodate one additional carrier. The project complies and is consistent with FMC Chapter 18.187 — Wireless Facilities, as well as Chapter Four of the Fremont Citywide Design Guidelines, which contain the requirements established for wireless telecommunication facilities. The proposed project complies with these requirements, including, without limitation, setback, height, stealth design, and as the least intrusive means for filling a gap in wireless coverage. d. The proposed use would not be detrimental to the public health, safety, or welfare of persons or public property in the vicinity or the zoning district in which the use would be located.

Analysis: The project will be located on a stealth monopole designed to resemble a mature eucalyptus tree, which is an established feature of the project site. The wireless facility is compatible with surrounding uses and will not create nuisances because of its location and the provision of appropriate safety equipment. In addition, businesses, residents and first responders will benefit from the telecommunication facility. The project will comply with federal requirements for RF emissions.

CONDITIONS OF APPROVAL:

General Conditions

5.A.c
Packet Pg. 46
Attachment: Exhibit B - Findings and Conditions of Approval (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE PLN2024-00068 Page 2 of 4
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “A” (Development Plans) and all conditions of approval set forth herein.

A-2. Allowable Uses. The proposed principal and its accessory uses are allowed:

An 80-foot-tall stealth monopole designed to resemble a eucalyptus tree consisting of nine panel antennas in three arrays of three antennas each and associated equipment within a proposed 900 square-foot enclosure.

A-3. Building Permit Approvals. The applicant shall submit plans to the Community Development Department for building permit review and approval to ensure conformance with the requirements herein, as well as with all relevant codes, policies, and other requirements of the Fremont Municipal Code (“FMC”), State and federal laws prior to the commencement of any grading or construction-related activities.

A-4. Standard Development Requirements. Pursuant to FMC Section 18.218.040, as amended, the project shall be subject to all applicable standard development requirements to address resource protection, identified in FMC Chapter 18.218. The Standard Development Requirements provided in FMC Section 18.218.050 must be printed, in whole, on the Construction Plans for this project, prior to approval of a building permit, and must be implemented before and during project construction activities.

A-5. Minor Modifications to Approved Plans. Minor modifications to the site design may be made, subject to review and approval of the Planning Manager. The Planning Manager shall retain the authority to determine the level of review required (i.e., depending on the severity or location of the modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval). Notwithstanding the foregoing, modifications involving the collocation, removal or replacement of transmission equipment as specified in 47 U.S.C. 1455 shall not require the approval of the Planning Manager or Planning Commission, and no permit shall be required for routine maintenance of the facility other than a building permit and/or encroachment permit, if applicable.

A-6. Screening. All ground mounted equipment shall be screened through walls, fencing and/or landscaping so that they are not visually obtrusive. Prior to issuance of a building permit, the developer shall submit plans for review and approval that shows the screening of ground mounted equipment to the satisfaction of the Planning Manager. Open fencing such as chain link with slats is not acceptable screening on its own.

A-7. Maintenance. The applicant shall maintain the wireless telecommunication facility in good condition and shall agree to reasonable repairs and replacements of equipment, stealth and structural components, due to damage caused by outdoor exposure and/or inclement weather. Under this condition, if the exterior of the equipment shelter fades in color due to outdoor exposure, the applicant shall replace such components within 90 days of written notice by the Planning Manager. If the work cannot be completed within 90 days, the applicant shall provide the City with a bond in the amount of the valuation of the requested repair and completion timeline to guarantee the work.

A-8. Signage. The applicant shall provide signage as required by the FCC, including phone numbers of the utility providers for use in case of an emergency. The signs shall be posted at the communications equipment/structure. The identification signs shall have a background color of matte-finish gray color, with the design and color subject to staff review and approval at the time of building permit review. Antennas or mountings shall not be used for advertising.

5.A.c
Packet Pg. 47
Attachment: Exhibit B - Findings and Conditions of Approval (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE PLN2024-00068 Page 3 of 4
A-9. Time Limits on Approvals. Unless conditions of approval establish a different time limit, any discretionary zoning approval granted pursuant to this title shall expire within 24 months following the date on which the permit was approved if not enacted upon except where an extension of time is approved in compliance with Section 18.330.030(b).

A-10. Conditional Use Permit. A conditional use permit to allow a wireless facility shall expire 10 years from the date of approval. The applicant may request a 10 -year extension which shall be reviewed by the Planning Commission at a public hearing.

A-11. Code Compliance. The project shall comply at all times with the developme nt standards of FMC 18.187, Chapter Four of the Citywide Design Guidelines and the standards of the Federal Communications Commission pertaining to radio frequency emissions.

A-12. Transfer of Interest. Upon transfer of an approved wireless facility or any righ ts under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the Zoning Administrator of the date of the transfer and the identity of the transferee. The Zoning Administrator may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the City, FCC, and CPUC. The permittee and any successor in interest to the approved wireless facility shall be required to adhere to all conditions of approval.

A-13. Cessation of Operations. The applicant shall provide written notification to the Planning Manager upon cessation of operations of a wireless facility on a site. The applicant shall remove all obsolete or unused facilities from the s ite within six months of termination of its lease, cessation of operations, or expiration of the permit. No exposed mounting apparatus shall remain without associated antennas. The Planning Manager shall verify that the use of the site has ceased for a per iod of 12 consecutive months. Should the provider fail to effect such removal, the property owner shall be responsible for the removal of the equipment. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of 12 months has lapsed since cessation of operations.

A-14. Bond for Removal. Prior to erecting a monopole, or prior to renewing a use permit for an existing monopole, the applicant shall provide a bond or other financial guarantee, satisfactory to the City Attorney, for the removal of the facility, in the event that its use is aba ndoned or its use permit expires or is terminated. If the applicant has more than one monopole in the City, the amount of the bond or guarantee per monopole may be reduced if the applicant submits a lease agreement that requires removal of the unused monopole.

A-15. Future Modifications. Plans for any future modifications to the site shall be submitted to the Planning and Building Divisions for review to ensure conformance with relevant codes, policies, and other requirements of the Fremont Municipal Code.

A-16. 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.

5.A.c
Packet Pg. 48
Attachment: Exhibit B - Findings and Conditions of Approval (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE PLN2024-00068 Page 4 of 4
A-17. Revocation. This Conditional Use Permit may be revoked or modified by the Planning Commission, or by the City Council if it originally took final action on the permit, if any one of the following findings can be made:
a. The permit was obtained by misrepresentation or fraud; b. The terms or conditions of approval of the permit have not been met; c. The improvement, use, or activity authorized by the permit is in violation of any statute, ordinance, law, or regulation or constitutes a nuisance; or d. The owner or occupant of the property is conducting the use or any associated or other use of the property in violation of any statute, ordinance, law, or regulation or in a manner that constitutes a nuisance.

If any FCC, CPUC or other required license or approval to provide commun ication services is ever revoked, the applicant shall inform the City of the revocation within 10 days of receiving notice of such revocation

END OF CONDITIONS

5.A.c
Packet Pg. 49
Attachment: Exhibit B - Findings and Conditions of Approval (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

HARB STAFF REPORT
SEPTEMBER 7, 2023

Proposal: AT&T OHLONE COLLEGE – 43600 Mission Boulevard – (PLN2023- 00261) To consider historical architectural review to remove a n existing eucalyptus tree and install an 80-foot tall stealth wireless telecommunication facility designed to resemble a euc alyptus tree (Monoeucalyptus) with an associated 900 square -foot equipment enclosure on the Ohlone College campus in the Mission San Jose Community Plan Area; and to consider a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Gui delines Section 15303, New Construction or Conversion of Small Structures.

Recommendation: Recommend approval of the project to the Planning Commission based on findings and subject to conditions of approval.

Location: 43600 Mission Boulevard.
(APN: 513-0742-001-00)
(See aerial photo next page)

Area: 900 square foot leased area on a 64.47-acre lot

People: AT&T Mobility c/o EPIC Wireless Group, Applicant Ashley Smith, Agent of Applicant
Ohlone Community College District, Property Owner
Spencer Shafsky, Staff Planner (510) 494-4452;
[email protected]

General Plan: Public Facility

Zoning: Public Facility , Historic Overlay District (HOD), Hillside Combinin g District (H-I)

EXECUTIVE SUMMARY:

The applicant is requesting review by the Historical Architectural Review Board (HARB) to remove an existing eucalyptus tree and install an 80-foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (monoeucalyptus) and associated equipment to be installed within an new 900 square -foot equipment enclosure located at 43600 Mission Boulevard . The monoeucalyptus is proposed to be installed in a fully developed section of the Ohlo ne Community College campus in th e rear corner of an existing parking lot in the vicinity of a grove of large, mature eucalyptus trees. The site is located in the Mission San Jose Historic Overlay District (HOD) . Per Chapter 18.135.050 of the Fremont Municipal Code, new buildings, struc tures and sign age within the HOD require review by HARB for compa tibility with design guidelines of the HOD . Development Standards for Siting of Wireless Telecommunications Facilities require all freestanding monopoles within the City to be reviewed as a C onditional Use Permit by Planning Commission . Staff recommends that the Historical Architectural Review Board find the project in conformance with the Mission San Jose HOD Design Guidelines and Regulations and recommend approval of the project to the Plan ning Commission based on the findings and subject to the conditions of approval.

5.A.d
Packet Pg. 50
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 2 of 8

Figure 1: Aerial Photo (2023) of Project Site and Surrounding Area.

SURROUNDING LAND USES:

North: Residential
South: Residential
East: Commercial/Residential
West: Open Space
Project Site

5.A.d
Packet Pg. 51
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 3 of 8

BACKGROUND AND PREVIOUS ACTIONS:

The Mission San Jose Plan Area and Historic Ove rlay District (HOD) is also one of the five towns that incorporated to form Fremont in 1956. The heart of the Area is the business district near Washington and Mission Boule vards, anchored by the historic Mission San Jose church and museum. This area includes important historic resources and has a strong sense of identity and architectural character.

Mission San Jose was the first European settlement in Alameda County, dating back to 1797. The vision for this area, as outlined in the HOD Design Guidelines, is new development that complements the historical and cultural elements of the District, including the Old Mission San J ose, maintaining the characteristics of a historic village and picturesque community. The landscape character of the HOD is also noteworthy such as remaining heritage trees including olives from the 1820’s and earlier, eucalyptus from the Gold Rush, citrus from the agricultural heyday, and palm trees from t he 1920’s.

The proposed project is located on the perimeter of the HOD, outside of the Core Area where the most intense number of Historic Resources are located.

PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, HARB is acting in an advisor y role for consideration of installing a n 80 foot high wireless telecommunications facility designed to resemble a eucalyptus tree. HARB ’s recommendation will be forwarded to the Planning Commission, the approving body. Specifically, HARB is charged with the following task:

1. Consider whether the installation of a s tealth wireless telecommunication facility designed to resemble a eucalyptus tree is compatible and complies with the Mission San Jose Design Guidelines and Regulations for the Mission San Jose Historic Overlay District ( HOD) and recommend approval of the project to the Planning Com mission subject to the Conditions of Approval.

PROJECT DESCRIPTION:

The applicant (AT&T Wireless) is requesting consideration and historical architectural review of a stealth wireless telecommunication facility on a public facility (Ohlone Community College) property located at 43600 Mission Boulevard in the Mission San Jose H istoric Overlay District. The proposed wireless facility is a n 80-foot tall monopole designed to re semble a eucalyptus tree (referred to by the cellular industry as a monoeucalyptus) containing 9 antennas in three arrays o f three antennas each located within the top branches of the monoeucalyptus. The proposed monoeucalyptus and associated ground based equipment would be located within a 900 square-foot leased area.

The project site is located within the Ohlone Community College campus. The site is located adjacent to an existing parking lot approximately 1,000 feet to the east of Mission Boulevard and approximately 655 feet to the south of Witherly lane. The area is within a fully developed section of the campus adjacent to a building known as “Hyman Hall”. The wireless facility would be located in a landscaped area at the south east rear portion of the parking lot. An existing mature eucalyptus tree would be removed and replaced with the monoeucalyptus facility in the same location.

Due to its location approximately 1,000 feet to the east of Mission Boulevard, the site would not be substantially visible from the Mission Boulevard corridor.

5.A.d
Packet Pg. 52
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 4 of 8

PROJECT ANALYSIS:

General Plan Conformance:

The existing General Plan land use designation for the project site is Public Facility . The proposed project is con sistent with the existing General Plan land use desi gnation, which is generally applied to non-open space parcels owned by utilities and public agencies and which permits utility uses. As a stealth designed monoeucalyptus , consistent with development standards for siting of Wireless Telecommunication Faci lities, it is also consistent with policies found in the Community Character Element including preser ving design compatibility in Historic Districts (Policy 4 -6.5) and maintaining visual quality along Scenic Corridors (Policy 4-5.5) The following General Plan Goals, Objectives and Policies are applicable to the proposed project:

PUBLIC FACILITIES GOAL 9-1: Public Facilities and Services: A range of public facilities and services to meet the needs of Fremont residents.

Analysis: Telecommunication facilit ies are public utilities which provide communication systems to meet the needs of residents and busin esses in Fremont. The telecommunication carriers serving Fremont have previously met with City staff to provide coverage information, and demonstrated that the subject area has coverage constraints. The proposed facility would improve coverage in the area. In addition to meeting the needs of residents and businesses, the wireless telecommunications facilit y would benefit public safety by enabling emergency calls from wireless phones. As a stealth facility, it balances the public need for wireless telecommunication facilities with community character policies related to scenic corridors and within historic districts.

Zoning Regulations:

The subject property is zoned Public Facility and lies within the Mission San Jose Historic Overlay District (HOD) . Consis tent with development standards for wireless telecommunication facilities, freestanding stealth monopoles are permitted in this zoning district with approv al of a Conditional Use Permit. Chapter 18.135.050 of the Fremont Municipal Code states that historical a rchitectural review and approval is required for all new buildings, structures and signage within the HOD.

Design Analysis:

Architectural Design:

The applicant is proposing to construct the equipment enclosure and monoeucalyptus within an existing, developed portion of the Ohlone Community College campus. Consistent with Section 5.2 of the Mission Sa n Jose HOD , Location and Screening of Mechanical Equ ipment, the equipment will be screened by the proposed enclosure which includes a 6-foot high chain-link fence with privacy slats and would be located away from sidewalks and pedestrian activity.

5.A.d
Packet Pg. 53
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 5 of 8
Site Planning and View Impacts:

The subject property is bounded on one side by State Route 238 (Mission Boulevard) , which is a local scenic corridor. The area of the site where the new monoeucalyptus w ill be located is approximately 1,000 feet to the east of Mi ssion Boulevard, and the area contains clusters of large, mature eucalyptus trees. The proposed monoeucalyptus will be integrated with in this area and will appear similar in color, texture and density to that of natural eucalyptus trees already planted in the vicinity and, therefore, the new stealth monoeuc alyptus would not adversely affect any existing views to hillside scenic resources.

The monopole is desi gned as a stealth monoeucalyptus and has no exposed metal surfaces or lighting, therefore it will no t affect daytime or nighttime views. As noted in the HOD Design Guidelines, Eucalyptus trees, some from the 1800s , are a characteristic landscape feature for the Mission San Jose plan area, thus the introduction of a stealth monoeucalyptus would be consist ent with the existing landscape and historic context of this area.

Landscaping:

The project site is a largely developed site with pavement and buildings, and the proposed monoeucalyptus is proposed to be installed near the south east corner of an existin g parking lot, near an existing grove of large, matu re eucalyptus trees and is appropriate to the HOD guidelines as it blends with the existing landscaping . One existing eucalyptus tree would be removed and the monoeucalyptus would be constructed in it ’s plac e. The proposed monoeucalyptus conforms to the Mi ssion San Jose HOD landscape design guidelines, Section 11.3, which encourages using a type of tree that is similar or predominant to the landscaping of the area to promote continuity of the established land scape character.

In keeping with the existing character of the site, no additional landscaping is proposed.

Circulation:

The project site has direct, private access off Witherly Lane, and will not adversely affect traffic circulation for the site.

Grading & Drainage:

Minimal grading is proposed for the project and the proposed monoeucalyp tus will not adversely affect the natural drainage of the site or water flow.

Context within Historic Overlay District (HOD)
Mission San Jose HOD Design Guidelines encourage landscaping that enhances existing trees an d plantings and incorporating same or similar varieties of trees. The proposed monoeucalyptus is designed to appear as similar in nature to the existing eucalyptus trees in the area in color, texture and hei ght and therefore is appropriate for the location and within the historic context of t he site. The proposed project maintains scenic views and is consistent with the intent of the Mission San Jose HOD Design Guidelines, which is to preserve the historic village character and picturesque quality of the area.

Environmental Review:

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per (CEQA) Guidelines Section 15303, New Construction or Conve rsion of Small Structures.

Findings:

5.A.d
Packet Pg. 54
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 6 of 8
The findings below are made on the basis of information presented at the public hearing and contained in the staff report to the Historical Architectural Review Board dated September 7, 2023 incorporated herein:

Historical Architectural Review Findings

1. The project is consistent with Secretary of Interior’s Standards as it does not involve any modification to an existing historic structure or site. The project is in context with the surrounding historic district.

2. The project is consistent with applicable standards and guidelines adopted by the City Council because it has been designed following Fremont Municipal Code (FMC) Chapter 18.187, Wireless Facilities.

3. The project is consistent with the Mission San Jose Historic Overlay District and Design Guidelines because it is designed to blend in with the existing landscaping and consistent with the existing texture, scale and character of Mission San Jose.

PUBLIC NOTICE AND COMMENT:

Public hearing notification is applicable. A total of [Insert # of notices] notices were mailed to o wners and occupants of property within [Insert Buffer--300, 500, 1000?] feet of the site. The notices to owners and occupants were mailed on [Date notices mailed] A Public Hearing Notice was published by The Tri- City Voice on [Publishing Date]

In addition, a Notice of Preparation of a Draft Negative Declaration was published by The Tri-City Voice on [Click here and type publishing date].

ENCLOSURES:

Exhibits:

Exhibit "A" “Project Plans”
Exhibit "B" “Findings and Conditions of Approval”

Informational Items:

1. Photosimulations

RECOMMENDATION:

1. Hold public hearing

5.A.d
Packet Pg. 55
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 7 of 8

2. Find the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 1530 3, New Construction or Conversio n of Small Structures.

3. Find that the project is in conformance with the Mission San Jose Historic Overlay District guidelines.

4. Recommend the installation of a s tealth wir eless telecommunication facility design ed to resemble a eucalyptus tree is compatible and complies with the Mission San Jose Design Guidelines and Regulations for the Mission San Jose Historic Overlay Di strict (HOD) and recommend approval of the project to the Planning Com mission subject to the Conditions of Approval.

5.A.d
Packet Pg. 56
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE Item [#]: AT&T Ohlone College HARB-ss PLN2023-00261
September 7, 2023 Page 8 of 8

Existing Zoning
Shaded Area represents the Project Site

Existing General Plan

5.A.d
Packet Pg. 57
Attachment: Informational Enclosure 1 - HARB Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

Minutes Planning Commission – October 26, 2023 PAGE 1

MINUTES

FREMONT PLANNING COMMISSION
REGULAR MEETING OF OCTOBER 26, 2023

CALL TO ORDER: Chairperson Liu called the meeting to order at 7:00 p.m.

PRESENT: Chairperson Liu
Vice Chairperson Zhang
Commissioners Ramamurthi, Rao, Steckler, Yee

ABSENT: Commissioner Basrai

STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Mark Hungerford, Senior Planner
Mayank Patel, Associate Planner
Spencer Shafsky, Planner II
Sahithi Pusarla, Planner I
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician

APPROVAL OF MINUTES: Vice Chairperson Zhang moved to approve minutes from the regular meetings of July 27 and August 24, 2023. Commissioner Yee seconded and the motion carried by all present.

DISCLOSURES: Chairperson Liu drove by the proposed project sites for Items 1 (PLN2023-00261) and 2 (PLN2023-00294).

Commissioner Rao drove by the project site for Item 2
(PLN2023-00294).

Commissioner Steckler drove by the proposed project sites for Items 1 (PLN2023-00261) and 2 (PLN2023-00294).

Commissioner Yee visited the proposed project site for Items 1 (PLN2023-0261) and 2 (PLN2023 -00294), and also spoke with the convenience store manager (Item 2), as well as several local business owners including those of the adjacent strip mall.

5.A.e
Packet Pg. 58
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Minutes Planning Commission – October 26, 2023 PAGE 2
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. AT&T OHLONE COLLEGE – 43600 Mission Boulevard – PLN2023-00261 – To (00:09:33) To consider a Conditional Use Permit to remove an existing eucalyptus tree and install an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (Monoeucalyptus) with an associated 900 square -foot equipment enclosure on the Ohlone College campus in the Mission San Jose Community Plan Area; and to consider a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.

Planning Manager Joel Pullen introduced the item , and Project Planner Spencer Shafsky gave a brief presentation.

Chairperson Liu opened the public hearing on this item.

Ashley Smith, with Epic Wireless representing AT&T, briefly spoke to the project and responded to questions from the Commission.

Salil Suri, Irwan Sie, Qiang ‘Al’ Gu, and Hsin Yuo Liu all spoke in opposition of the project, stating individual ly their concerns related to health risks, safety, and aesthetics.

Ashley Smith , with Epic Wireless representing AT&T, responded to the aforementioned concerns in rebuttal.

Chairperson Liu closed the public hearing on this item.

IT WAS MOVED (ZHANG/YEE) AND CARRIED BY THE FOLLOWING VOTE (4-2-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND

FOUND THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES;
AND

FOUND THAT THE CONDITIONAL USE PERMIT IS IN CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN.

5.A.e
Packet Pg. 59
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Minutes Planning Commission – October 26, 2023 PAGE 3

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 PROJECT SITE IS PHYSICALLY SUITABLE FOR THE

PROPOSED USE AS IT IS A FULLY DEVELOPED SITE WITH MATURE EUCALYPTUS TREES;
AND

FOUND THAT THE PROPOSED TELECOMMUNICATIONS FACILITY WOULD IMPROVE THE WIRELESS COVERAGE FOR THE AREA;
AND
FOUND 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 THAT THE PROJECT, AS SHOWN ON EXHIBIT “A” (PROJECT

PLANS), FULFILLS THE APPLICABLE REQUIREMENTS AS SET FORTH IN

THE FREMONT MUNICIPAL C ODE AND THEREFORE MAY BE ALLOWED, SUBJECT TO A CONDITIONAL USE PERMIT;
AND
APPROVED CONDITIONAL USE PERMIT PLN2023 -00261 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: 4 – Rao, Steckler, Yee, Zhang
NOES: 2 – Liu, Ramamurthi
ABSTAIN: 0
ABSENT: 1 – Basrai
RECUSE: 0

Item 2. AM/PM CONVENIENCE STORE AND GASOLINE SERVICE STATION CUP (00:45:30) – 43500 Grimmer Boulevard – PLN2023-00294 – To consider a Conditional Use Permit to allow the sale of distilled spirits in addition to the previously permitted sale of beer and wine at an existing convenience store located in the Irvington Community Plan Area, and to consider a finding that no further environmental review is required pursuant to an exemption from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, CEQA Guidelines Section 15301, Existing Facilities, and CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and C EQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Planning Manager Joel Pullen introduced the item , and Project Planner Sahithi Pusarla gave a brief presentation.

5.A.e
Packet Pg. 60
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Minutes Planning Commission – October 26, 2023 PAGE 4

Chairperson Liu opened the public hearing on this item.

Steve Rawlings, representing the applicant, briefly spoke to the project and responded to questions from the Commission.

Chairperson Liu closed the public hearing on this item.

IT WAS MOVED ( RAMAMURTHI/STECKLER) AND CARRIED BY THE
FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD THE PUBLIC HEARING;
AND

FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PER, WITHOUT LIMITATION,

EACH AS A SEPARATE AND INDEPENDENT BASIS, CEQA GUIDELINES SECTION 15301, EXISTING FACILITIES, AND A FINDING THAT NO

FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PER CEQA
GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE

LAND USE ENVIS IONED FOR THE SITE AS ESTABLISHED BY THE

GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT
(SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AND/OR CEQA GUIDELINES SECTIONS 15162 AND 15163, AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND
FOUND THAT PLN2023-00294, A CONDITIONAL USE PERMIT TO ALLOW AN

EXISTING CONVENIENCE STORE TO SELL BEER, WINE, AND DISTILLED

SPIRITS FOR OFF -SITE CONSUMPTION, IS IN CONFORMANCE WITH THE

RELEVANT PROVISIONS C ONTAINED IN THE CITY'S GENERAL PLAN, AS OUTLINED IN THIS STAFF REPORT;
AND
APPROVED PLN2023-00294, AS SHOWN ON EXHIBIT “A,” SUBJECT TO FINDINGS AND CONDITIONS IN EXHIBIT “B.”

The motion carried by the following vote:

AYES: 6 – Liu, Ramamurthi, Rao, Steckler, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Basrai
RECUSE: 0

Item 3. 2023 CODE UPDATES – HOUSING ELEMENT PROGRAM IMPLEMENTA- (01:02:25) TION – Citywide – PLN2023-00213 – To consider text amendments to various chapters of Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning), as well as a resolution a mending the City’s various design guidelines to include, confirm, and/or clarify objective standards for design review permit approvals pertaining to housing developments, to comply with State law and implement various

5.A.e
Packet Pg. 61
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Minutes Planning Commission – October 26, 2023 PAGE 5
programs of the City’s 2023 -2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), §15262 (Feasibility and Planning Studies), §15268 (Ministerial Projects), §15305 (Minor Alterations in Land Use Limitations), §15311 (Accessory Structures), and §15378 (Project).

Planning Manager Joel Pullen introduced the item and Associate Planner Mayank Patel gave a comprehensive presentation.

Chairperson Liu opened the public hearing on this item.

Lisa Danz spoke in favor of the project, echoing the email she sent earlier today.

Chairperson Liu closed the public hearing on this item.

IT WAS MOVED (YEE/RAMAMURTHI) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:

CONSIDER A FINDING THAT THE PROPOSED TEXT AMENDMENTS ARE

EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), EACH ON A SEPARATE AND INDEPENDENT BASIS, PURSUANT TO CEQA GUIDELINES §15061 (REVIEW FOR EXEMPTION), §15183 (PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING), §15262 (FEASIBILITY AND PLANNING STUDIES), §15268 (MINISTERIAL PROJECTS), §15305 (MINOR ALTERATIONS IN LAND USE LIMITATIONS), §15311 (ACCESSORY STR UCTURES), AND §15378 (PROJECT);
AND

FIND THAT THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE GENERAL PLAN;
AND

FIND THAT THE PROPOSED AMENDMENTS FURTHER THE PUBLIC

INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY BY ENSURING CONSISTENCY BETWEEN THE FMC AND THE CITY’S GENERAL

PLAN WITH STATE LAW AND PROVIDE FOR ZONING DISTRICT USES AND

DEVELOPMENT STANDARDS THAT ARE RELEVANT TO CURRENT

DEVELOPMENT TRENDS, EASY TO USE, FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND

INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO FMC TITLE 17 (SUBDIVISIONS) AND TITLE 18 (PLANNING AND ZONING);
AND

5.A.e
Packet Pg. 62
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

5.A.e
Packet Pg. 63
Attachment: Informational Enclosure 2 - Planning Commission Minutes (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS Planning Commission
October 26, 2023

Proposal: AT&T OHLONE COLLEGE – 43600 Mission Boulevard – PLN2023-00261 - To consider a Conditional Use Permit to remove an existing eucalyptus tree and install an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus t ree (Monoeucalyptus) with an
associated 900 square-foot equipment enclosure on the Ohlone College campus in the Mission San Jose Community Plan Area; and to consider a categorical exemption from the California Environmental Quality Act (CEQA) per CEQA Guid elines Section 15303, New Construction or Conversion of Small Structures.

Recommendation: Approve, based on findings and subject to conditions.

Location: 43600 Mission Boulevard.
(APN: 513-0742-001-00)
Area: 900-square-foot lease area on a 65-acre lot People: AT&T Mobility c/o EPIC Wireless Group, Applicant Ashley Smith, Agent of Applicant
Ohlone Community College District, Property Owner
Spencer Shafsky, Staff Planner (510) 494-4452;
[email protected]

General Plan: Public Facility

Zoning: Public Facility, Historic Overlay District (HOD), Hillside Combining District (H-I)

EXECUTIVE SUMMARY
The applica nt, AT&T Mobility, is requesting a Conditional Use Permit (CUP) to remove an existing eucalyptus tree and install an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree (monoeucalyptus) in its place at 43600 Miss ion Boulevard. The project would include associated equipment to be installed within a new 900 square-foot equipment enclosure. The monoeucalyptus is proposed to be installed in a fully developed section of the Ohlone Community College campus at the rear c orner of an existing parking lot in the vicinity of a grove of large, mature eucalyptus trees.

5.A.f
Packet Pg. 64
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 2
Staff finds that the project is consistent with the General Plan and Zoning ordinance regulating wireless facilities. Staff recommends approval of the CUP as d epicted in Exhibit “A,” based on the findings and subject to the conditions of approval contained in Exhibit “B.

BACKGROUND AND PREVIOUS ACTIONS
The subject site is located within the Mission San Jose Historic Overlay District (HOD). Per Chapter 18.135.050 of the Fremont Municipal Code, new buildings, structures and signage within the HOD require review by the Historical Architectural Review Board (HARB) for compatibility with design guidelines of the HOD.

On September 7, 2023, a public hearing was conduct ed by HARB. The project was found to be complian t with the HOD Guidelines and the project was recommended by HARB for approval.

PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, the Planning Commission is being asked to consider the following:

1. A finding that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.

2. Approval of a Conditional Use Permit to allow the remo val of an existing eucalyptus tree and install ation of an 80 -foot tall stealth wireless telecommunication facility designed to resemble a eucalyptus tree ( “monoeucalyptus”) and associated equipment to be installed within a new 900 square -foot equipment enc losure located at 43600 Mission Boulevard.

PROJECT DESCRIPTION
The applicant proposes a CUP to allow the removal of an existing eucalyptus tree and the installation of an 80 -foot tall monopole designed to resemble a eucalyptus tree (referred to by the cellular industry as a monoeucalyptus) containing 9 antennas in three arrays of three antennas each, located within the top branches of the monoeucalyptus. The proposed monoeucalyptus and associated ground -based equipment would be located within a secured 900 square-foot leased area of the project site. The project site is located within the Ohlone Community College campus. The site is located adjacent to an existing parking lot approximately 1,000 feet to the east of Mission Boulevard and approximately 655 f eet to the south of Witherly Lane. The area is within afully developed section of the campus between the Administrative Services Offices and the Business and Technology building known as “Hyman Hall”. The wireless facility would be located in a landscaped area at the southeast rear portion of the parking lot. One existing mature eucalyptus tree would be removed and replaced with the monoeucalyptus in the same location.

PROJECT ANALYSIS
Federal Regulations Governing Telecommunication Facilities The Plann ing Commission’s consideration of the project is governed by both the City’s zoning regulations and the Federal Telecommunications Act. Under the City’s regulations, the project must be consistent with the General Plan and Zoning for the site and comply

5.A.f
Packet Pg. 65
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 3
with the development standards for wireless facilities set forth in FMC Chapter 18.187 and Chapter Four of the Citywide Design Guidelines.

The Federal Communications Act limits the Commission’s consideration of the project under these local standards in tw o significant ways. First, federal law prohibits the City from conditioning or denying the project based on concerns stemming from the environmental effects of radio frequency (RF) emissions if the proposed facility complies with federal RF standards. Second, federal law prohibits the City from denying a project if: (a) the facility is necessary to fill a significant gap in the applicant’s wireless network; and (b) the facility is the least intrusive means of filling the service gap.

The applicant hired Waterford Consultant ’s to evaluate the RF emissions of the proposed antennas and determined that the proposed antennas would comply with federal RF standards (refer to Informational Item 1). The applicant’s coverage map (Refer to Informational Item 2) indica tes that the facility is necessary to maintain the existing coverage for the area, and that denying the facility would create a significant gap in service for the area. The application materials also indicate that the location and type of wireless facility is the least intrusive means of filling the service gap.

General Plan Conformance:

The existing General Plan land use designation for the project site is Public Facility. The proposed project is consistent with the existing General Plan land use designa tion, which is generally applied to non -open space parcels owned by utilities and public agencies and which permits utility uses. As a stealth designed monoeucalyptus, consistent with development standards for siting of Wireless Telecommunication Faciliti es, it is also consistent with policies found in the Community Character Element including preserving design compatibility in Historic Districts (Policy 4 -6.5) and maintaining visual quality along Scenic Corridors (Policy 4 -5.5) The following General Pla n Goals, Objectives and Policies are applicable to the proposed project:

PUBLIC FACILITIES GOAL 9 -1: Public Facilities and Services: A range of public facilities and services to meet the needs of Fremont residents.

Analysis: Telecommunication facilities ar e public utilities which provide communication systems to meet the needs of residents and businesses in Fremont. The telecommunication carriers serving Fremont have previously met with City staff to provide coverage information, and demonstrated that the s ubject area has coverage constraints. The proposed facility would improve coverage in the area.

In addition to meeting the needs of residents and businesses, the wireless telecommunications facility would benefit public safety by enabling emergency calls from wireless phones. As a stealth facility, it balances the public need for wireless telecommunication facilities with community character policies related to scenic corridors and within historic districts. The proper siting of the wireless facility, approximately 1,000 feet to the east of Mission Boulevard, would not be substantially visible from the Mission Boulevard corridor.

Zoning Conformance:

The subject property is zoned Public Facility (PF) and lies within the Mission San Jose Historic Overlay Di strict (HOD). Consistent with development standards for wireless telecommunication facilities, freestanding stealth monopoles are permitted in this zoning district with approval of a CUP.

5.A.f
Packet Pg. 66
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 4
Design Analysis:

Architectural Design:

The applicant is proposing to construct the equipment enclosure and monoeucalyptus within an existing, developed portion of the Ohlone Community College campus. Consistent with Section 5.2 of the Mission San Jose HOD, Location and Screening of Mechanical Equipment, the equipment w ould be screened by the proposed enclosure , which includes a 6 -foot high chain-link fence with privacy slats , and would be located away from sidewalks and pedestrian activity.

The subject property is bounded on one side by Mission Boulevard, which is a loc al scenic corridor. The area of the site where the new monoeucalyptus will be located is approximately 1,000 feet to the east of Mission Boulevard, and the area contains clusters of large, mature eucalyptus trees. The proposed monoeucalyptus will be integ rated within this area and will appear similar in color, texture and density to that of natural eucalyptus trees already planted in the vicinity and, therefore, the new stealth monoeucalyptus would not cause a significant adverse affect on any existing vie ws to hillside scenic resources. The monopole is designed as a stealth monoeucalyptus and has no exposed metal surfaces or lighting, therefore it will not affect daytime or nighttime views. As noted in the HOD Design Guidelines, eucalyptus trees, some from the 1800s, are a characteristic landscape feature for the Mission San Jose plan area, thus the introduction of a stealth monoeucalyptus would be consistent with the existing landscape and historic context of this area.

Landscaping:

The project site is a largely developed site with pavement and buildings, and the proposed monoeucalyptus would be installed near the southeast corner of an existing parking lot, near an existing grove of large, mature eucalyptus trees, and has been designed to meet the HOD guidelines as it blends with the existing landscaping. One existing eucalyptus tree would be removed and the monoeucalyptus would be constructed in its place. The proposed monoeucalyptus conforms to the Mission San Jose HOD landscape design guidelines, Sectio n

11.3, which encourages using a type of tree that is similar or predominant to the landscaping of the area to promote continuity of the established landscape character. In keeping with the existing character of the site, no additional landscaping is propo sed.

Circulation:

The project site has direct, private access off Witherly Lane, and will not adversely affect traffic circulation for the site.

Grading & Drainage:

Minimal grading is proposed for the project and the proposed monoeucalyptus will not adversely affect the natural drainage of the site or water flow.

Context within Historic Overlay District (HOD)

5.A.f
Packet Pg. 67
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 5
Mission San Jose HOD Design Guidelines encourage landscaping that enhances existing trees and plantings and incorporating same or similar varieties of trees . The proposed monoeucalyptus is designed to appear as similar in nature to the existing eucalyptus trees in the area in color, texture and height and therefore is appropriate for the location and within the historic context of the site. The propos ed project maintains scenic views and is consistent with the intent of the Mission San Jose HOD Design Guidelines, which is to preserve the historic village character and picturesque quality of the area.

FINDINGS FOR APPROVAL
Pursuant to FMC Section 18.230.060, in order to approve the proposed project, the Planning Commission must make the following findings:
a. The proposed use is consistent with the General Plan and any applicable community or specific plan.

Analysis: The proposed wireless telecommunication facility is consistent with the General Plan because such facilities are a permitted use within the Public Facility land use designation.
b. The site is physically suitable for the type and density in intensity, as applicable, of the proposed use.

Analysis: The project site is physically suitable for the proposed use as it is a fully developed site with existing mature eucalyptus trees which the proposed monoeucalyptus is designed to resemble.
c. The design, location, size, and operating characteristics of the p roposed use are compatible with proposed development in the vicinity and in the zoning district.

Analysis: The proposed wireless telecommunications facility would improve the carrier’s existing wireless coverage for the area. The height of the antennas is the minimum height required to achieve the coverage area, and the facility is designed to accommodate one additional carrier.
d. The proposed use would not be detrimental to the public health, safety, or welfare of persons or public property in the vicinity or the zoning district in which the use would be located.

Analysis: The project will be located on a stealth monopole designed to resemble a mature eucalyptus tree, which is an established feature of the project site. The wireless facility is compatible w ith surrounding uses and will not create nuisances because of its location and provision of appropriate safety equipment. In addition, businesses, residents and first responders will benefit from the telecommunication facility.

CITY FEES
As the proposed p roject would not involve the construction of any new buildings, no development fees or affordable housing linkage fees would be due.

ENVIRONMENTAL REVIEW

5.A.f
Packet Pg. 68
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T Planning Commission Report (ID # 5019) Meeting of October 26, 2023 AT&T OHLONE COLLEGE PLN2023-00261 Page 6
The proposed project would be exempt from the requirements of CEQA per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.

PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A total of 243 notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupan ts were mailed on October 12, 2023. A Public Hearing Notice was published by The Tri-City Voice on October 10, 2023.

RECOMMENDATION

1. Hold public hearing.

2. Find that the project is exempt from the requirements of the California Environmental Quality Act (C EQA) per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.

3. Find 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.

4. Find that the project site is physically suitable for the proposed use as it is a fully developed site with mature eucalyptus trees.

5. Find that the proposed telecommunications facility would improve the wireless coverage for the area.

6. Find 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.

7. Find that the project, as shown on Exhibit “A” (Project Plans), fulfills the applicable requirements as set forth in the Fremont Municipal Code and therefore may be allowed, subject to a Conditional Use Permit.

8. Approve Conditional Use Permit PLN2023 -00261 as shown on Exhibit “A”, based on the findings and subject to the conditions of approval set forth in Exhibit “B”.

ENCLOSURES
• Exhibit A - Project Plans
• Exhibit B Findings and Conditions of Approval
• Informational Item 1 - HARB Staff Report
• Informational Item 2 - Photosimulations

5.A.f
Packet Pg. 69
Attachment: Informational Enclosure 3 - Planning Commission Staff Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T

5.A.g
Packet Pg. 70
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 71
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 72
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 73
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 74
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 75
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 76
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 77
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 78
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 79
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 80
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 81
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 82
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 83
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 84
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 85
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 86
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 87
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 88
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 89
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 90
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 91
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 92
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 93
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 94
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 95
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 96
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 97
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 98
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 99
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 100
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 101
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

5.A.g
Packet Pg. 102
Attachment: Informational Enclosure 4 - Appeal Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE

on behalf of
605 Coolidge Drive
Suite 100
Folsom, CA 95630

December 19, 2023

City of Fremont
Planning Department
39550 Liberty Street
Fremont, CA

RE: AT&T Cell Site CCL05050 - Mission Blvd
Site Location: 43600 Mission Boulevard Fremont, CA

To whom it may concern,

I write to you as the Applicant and on behalf of New Cingular Wireless PCS, LLC (AT&T), to respectfully request that the City Council rejects the appeal and approves the proposed AT&T Mobility project at Ohlone College.

This project was recommended for approval from the Historical Architectural Review Board (HARB) on September 7, 2023. The project was then approved by the Planning Commissioners on October 26, 2023. The appeal from that approval was based nearly entirely on concerns about the health effects of “electromagnetic waves,” which is not a lawful basis to deny a wireless facility that, like the Proposed Facility, will comply with the FCC’s rules on radio frequency emissions.

AT&Ts Proposed Facility will deliver critical wireless services to the area, meet the County’s siting criteria, and will comply with the FCC’s rules as to radiofrequency emissions. This site is necessary to close a significant service coverage gap in this portion of the City. The purpose of this letter is to provide the City Council with an overview of the Proposed Facility, to apply key requirements of state and federal law, and to address specific issues raised in the appeal.

Perceived Health Concerns.

All telecom carriers, including AT&T, must maintain all cell facilities in accordance with the FCC guidelines for human exposure to radiofrequency fields. For all AT&T projects, a radio frequency emission compliance analysis is completed to confirm that the proposed facility is to operate below applicable FCC limits. In connection with AT&T’s submitted application for this project, this analysis was completed by David H. Kiser, California Registered Professional Engineer with Waterford Consultants (see Attachment A). In the analysis, it was stated that Power Density decreases significantly with distance from any antenna. AT&T’s operations at this proposed facility will operate at 2.5482% of the FCC General Populations Limits at the ground level. Additionally, AT&T’s operations from adjacent buildings will operate at

23.6998% of the FCC General Populations Limits. The conclusion of the report indicated that the proposed facility will not expose the public to any hazardous level of RF Energy at either the ground level or the adjacent buildings. Given the compliance with the FCC standards, the Application cannot be rejected based on perceived health concerns.

5.A.h
Packet Pg. 103
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

on behalf of
605 Coolidge Drive
Suite 100
Folsom, CA 95630

Federal Law.

Federal law, primarily found in the Telecommunications Act of 1996 (“Telecom Act”), acknowledges a local jurisdiction’s zoning authority over proposed wireless facilities but limits the exercise of that authority in several important ways.

Local jurisdictions may not materially limit or inhibit. The Telecom Act prohibits a local jurisdiction from taking any action on a wireless siting permit that “prohibit[s] or [has] the effect of prohibiting the provision of personal wireless services.” 47 U.S.C. § 332(c)(7)(B)(i)(II). According to the Federal Communications Commission (“FCC”) Order adopted in September 2018,1 a local jurisdiction’s action has the effect of prohibiting the provision of wireless services when it “materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment.”2 Under the FCC Order, an applicant need not prove it has a significant gap in coverage; it may demonstrate the need for a new wireless facility in terms of adding capacity, updating to new technologies, and/or maintaining high quality service.3

While an applicant is no longer required to show a significant gap in service coverage, in the Ninth Circuit, a local jurisdiction clearly violates section 332(c)(7)(B)(i)(II) when it prevents a wireless carrier from using the least intrusive means to fill a significant gap in service coverage. T-Mobile U.S.A., Inc. v. City of Anacortes, 572 F.3d 987, 988 (9th Cir. 2009).

• Significant Gap. Reliable in-building coverage is now a necessity and every community’s expectation.

Consistent with the abandonment of land line telephones and reliance on only wireless communications, federal courts now recognize that a “significant gap” can exist based on inadequate in-building coverage. See, e.g., T- Mobile Central, LLC v. Unified Government of Wyandotte County/Kansas City, 528 F. Supp. 2d 1128, 1168-69 (D.Kan. 2007), affirmed in part, 546 F.3d 1299 (10
th Cir. 2008); MetroPCS, Inc. v. City and County of San Francisco, 2006 WL 1699580, *10-11 (N.D. Cal. 2006).

• Least Intrusive Means. The least intrusive means standard “requires that the provider ‘show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve.’” 572 F.3d at 995, quoting MetroPCS, Inc. v. City of San Francisco, 400 F.3d 715, 734 (9th Cir. 2005).

These values are reflected by the local code’s preferences and siting requirements.

Environmental and health effects prohibited from consideration. Also under the Telecom Act, a jurisdiction is prohibited from considering the environmental effects of RF emissions (including health effects) of the proposed site if the site will operate in compliance with federal regulations. 47 U.S.C. § 332(c)(7)(B)(iv). AT&T has submitted a report prepared by a licensed engineer demonstrating that the proposed facility will operate in accordance with the Federal Communications Commission’s RF emissions regulations (Attachment A). Accordingly, this issue is preempted under federal law and any testimony or documents introduced relating to the environmental or health effects of the proposed facility should be disregarded in this proceeding.

2 Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133 (rel. Sept. 27, 2018); 83 Fed. Reg. 51867 (Oct. 15, 2018), affirmed in part and vacated in part, City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020), cert. denied, 594 U.S. ___, 141 S.Ct. 2855 (June 28, 2021)(No. 20-1354) (“FCC Order”).

5.A.h
Packet Pg. 104
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

on behalf of
605 Coolidge Drive
Suite 100
Folsom, CA 95630

FirstNet Program: In addition to providing customers with reliable coverage, fast speeds, and excellent quality, the proposed project will include facilities to support the Nationwide Public Safety Broadband Network (“FirstNet”). In its partnership with the First Responder Network Authority, AT&T is responsible for building, maintaining, and upgrading the FirstNet network for the next 25 years. In order to support FirstNet, AT&T is upgrading its existing wireless sites and building new wireless facilities throughout the United States, including (City of Fremont). AT&T’s upgrades include deployment of the new frequency band (“Band 14”) supporting the FirstNet network. In 2012, the U.S. Congress set aside Band 14 for use by first responders. FirstNet Built with AT&T is designed to be reliable, functional, safe, and secure, and it will provide optimal levels of operational capacity at all times.

FirstNet’s benefits include:
• Always on, 24x7 priority and preemption for First Responders across data and voice communications; • A physically separate and highly secure network core that is fully dedicated to FirstNet – utilizing end to end encryption and keeping public safety and emergency management traffic separate from commercial traffic; and • A dedicated fleet of portable network deployable assets to support first responder and emergency manager connectivity for planned events, emergencies, in extremis, and other mission requirements.

Service Gap.

Per the submitted Coverage Map (Attachment B), AT&T has demonstrated that there is a significant service coverage gap in this area of Mission Blvd. These maps show that AT&T lacks adequate indoor service on and around the Mission Tierra community. AT&T has worked hard to identify the right solution to its service needs here. AT&T investigated possible opportunities to collocate the Proposed Facility on existing towers, but none were found near enough to the coverage gap to serve as feasible alternatives. Thus AT&T identified the proposed site at Ohlone College as the best available and least intrusive means to address its coverage gap. In addition, City Staff confirmed in its Staff Report that this site is consistent with applicable siting regulations per the City Code and suitable for the area and compatible with land use.

Per the submitted Coverage Map for the current proposed Candidate (Attachment C), this location grants the most consistent coverage on and around the College, Mission Blvd, Washington Blvd and the streets. Additionally, the residential home and the church will receive good indoor coverage.

Location of Proposed Facility.

AT&T reviewed the Wireless Telecommunications Ordinance (Chapter 18.187) of the City Code to find a location that follows all guidelines. The current proposed location meets and/or exceeds all standards as described in the City Code.

18.187.090 Development Standards
(a) Height. Per the RAN Engineer for this project, the coverage objective of this new site is to improve service in the dense residential neighborhoods on and around Washington Blvd & Mission Blvd. The coverage objective includes servicing the schools and churches in the area as well. To have a better reach to this whole area, an 80ft structure is required so that this network element can add more value to the community. The 80 ft. structure is the lowest functioning height in order to establish reliable coverage.

(b) Setback. Per the City Code, all sites adjacent to residential zoning (Mission Tierra Community) require a 100’ setback. The proposed facility is seven times the City requirements at 700’ from a residential zoned property. In addition, all facilities shall be 1,000 ft. from the nearest functioning Wireless Facility. AT&T’s proposed location exceeds that requirement at 2,000 ft. from the existing facility to the southwest.

5.A.h
Packet Pg. 105
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

on behalf of
605 Coolidge Drive
Suite 100
Folsom, CA 95630

Alternative Sites:

The appealer to this project brought up other locations to review for feasibility purposes. Please see analysis provided below.

1) Existing PG&E Transmission Towers. AT&T is already a collocator on this existing facility. Thus, the PG&E Transmission Towers were not viable, and were not considered for this project. 2) Option #1 (37.528050, -121.913384): The RAN Engineer provided a propagation Map (Attachment D) to show the proposed coverage at this location if AT&T would relocate. Per the Map, this location provides a reduced footprint in comparison with the current proposed location. Additionally, this location could cause interference to the AT&T equipment on the existing PG&E Transmission Tower. 3) Option #2 (37.531423, -121.911302): The RAN Engineer provided a propagation Map (Attachment E) to show the proposed coverage at this location if AT&T would relocate. Per the Map, this location provides a reduced footprint in comparison with the current proposed location, and offers inconsistent coverage on Washington Blvd, and the residences across Mission Blvd and the College.

Coverage Comparison of Proposed Locations:

Per the Coverage Comparison Map (Attachment F) of the current location vs. the two (2) alternatives, the current location provides the most consistent coverage on and around Mission Blvd, including the Mission Tiera Community.

Thus, the current submitted location is the best means to provide adequate coverage to this area of Fremont.

Generator Noise.

For all projects, it is required to submit a Nosie Study to confirm that the Generator and HVAC System complies with the Jurisdictions Noise ordinance. Per the submitted Noise Study completed by Waterford Consultants (Attachment G), the proposed AT&T Facility complies with all requirements as mandated by the City of Fremont. The 30kw Generator is proposed for Emergency uses for the facility. Thus, it will only be utilized if there is a Power outage in the area affecting the Wireless Facility.

Replacement of Existing Tree with Proposed AT&T Tower.

The removal of the existing tree was approved by both the HARB and Planning Commission board.

Loss of Property Values.

During the Planning Commission hearing it was speculated by a resident that the proposed facility may negatively impact property values in the surrounding area. This day and age, it is important for home buyers to have access to reliable coverage (phone and broadband). The National Association of Realtors not only supports broadband infrastructure, but commissioned its own study showing that communities that have access to it have higher property values. In 2012, a realtor association conducted it’s own study on property values near a wireless facility (Attachment H). Based on the study, there was no negative impact on the home values based on proximity to wireless telecommunications facilities.

Building Code Standards.

All proposed facilities (buildings, apartments, residences, etc.) built in California must be constructed per current Building Code Standards. Wireless Facilities also need to follow these standards. Additionally, as the proposed facility is located on a School Property, it is required for the plans to be approved by the California Division of State Architect (DSA). This entity ensures that any proposed construction on state owned property, public schools, etc. complies with structural, accessibility, fire, and safety codes.

5.A.h
Packet Pg. 106
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

on behalf of
605 Coolidge Drive
Suite 100
Folsom, CA 95630

Conclusion.

AT&T is diligently seeking to upgrade its network to provide and improve wireless services to this part of the City of Fremont. AT&T has worked closely with the City to propose the best available and least intrusive design for this necessary wireless facility. Additionally, AT&T has shown that federal law strongly supports (indeed, mandates) approval, and there has been no substantial evidence submitted on which the City Council could deny AT&T’s application. I urge the City Council to deny the appeal and approve AT&T’s application.

Sincerely,

Ashley Smith
Site Acquisition Specialist
Epic Wireless Group LLC
605 Coolidge Drive, Suite 100, Folsom, CA 95630
(916) 247-1749 [email protected]

Attachment A: EME Report dated April 13, 2023
Attachment B: Existing AT&T LTE Coverage
Attachment C: Proposed LTE Coverage at Current Location Attachment D: Proposed LTE Coverage at Option 1 (37.528050, -121.913384) Attachment E: Proposed LTE Coverage at Option 2 (37.531423, -121.911302) Attachment F: Coverage Comparison between Current Location and the two (2) other options Attachment G: Noise Study
Attachment H: Relator Evaluation

5.A.h
Packet Pg. 107
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

ATTACHMENT A
EME Report dated April 13, 2023

5.A.h
Packet Pg. 108
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com

Compliance Statement
Based on information provided by AT&T Mobility and predictive modeling , the MISSION BLVD installation proposed by AT&T Mobility will be compliant with Radiofrequency Radiation Exposure Limits of 47 C.F.R. §§

1.1307(b)(3) and 1.1310. RF alerting signage at the base of the Stealth Pole -Extrnl Array and restricting access to authorized climbers that have completed RF safety training is required for Occupational environment compliance. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings.

Certification
I, David H. Kiser, am the reviewer and approver of this report and am fully aware of and familiar with the Rules and Regulations of both the Federal Communications
Commissions (FCC) and the Occupational Safety and
Health Administration (OSHA) with regard to Human
Exposure to Radio Frequency Radiation, specifically in
accordance with FCC’s OET Bulletin 65. I have
reviewed this Radio Frequency Exposure Assessment
report and believe it to be both true and accurate to the best of my knowledge.

General Summary
The compliance framework is derived fr om the Federal Communications Commission (FCC) Rules and Regulations for preventing human exposure in excess of the applicable Maximum Permissible Exposure (“MPE”) limits. At any location at this site, the power density resulting from each transmitter may be expressed as a percentage of the frequency-specific limits and added to determine if 100% of the exposure limit has been exceeded. The FCC Rules define two tiers of permissible exposure differentiated by the situation in which the exposure takes place and/or the status of the individuals who are subject to exposure. General Population / Uncontrolled exposure limits apply to those situations in which persons ma y not be aware of the presence of electromagnetic energy, where exposure is not employment-related, or where persons cannot exercise control over their exposure. Occupational / Controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure. Based on the criteria for these classifications, the FCC General Population limit is considered to be a level that is safe for continuous exposure time. The FCC General Population limit is 5 times more restrictive than the Occupational limits.

In situations where the predicted MPE exceeds the General Population threshold in an accessible area as a result of emissions from multiple transmitters, FCC licensees that contribute greater than 5% of the aggregate MPE share responsibility for mitigation.

Radio Frequency Emissions Compliance Report for AT&T Mobility Site Name: MISSION BLVD Site Structure Type: Stealth Pole- Address: 43630 Mission Boulevard Latitude: 37.529752
Fremont, Ca 94539 Longitude: -121.915575
Report Date: April 13, 2023 Project: New Build

5.A.h
Packet Pg. 109
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Table 1: FCC Limits
Frequency
(MHz)
Limits for General Population/ Uncontrolled Exposure Limits for Occupational/ Controlled Exposure Power Density
(mW/cm2)
Averaging Time
(minutes)
Power Density
(mW/cm2)
Averaging Time
(minutes)
30-300 0.2 30 1 6
300-1500 f/1500 30 f/300 6
1500-100,000 1.0 30 5.0 6

f=Frequency (MHz)

Based on the computational guidelines set forth in FCC OET Bulletin 65, Waterford Consultants, LLC has developed software to predict the overall Maximum Permissible Exposure possible at any location given the spatial orientation and operating parameters of multiple RF sources. The power density in the Far Field of an RF source is specified by OET-65 Equation 5 as follows:

𝑆 =
𝐸𝐼𝑅𝑃
4⋅𝜋⋅𝑅2 (mW/cm2)

where EIRP is the Effective Radiated Power relative to an isotropic antenna and R is the distance between the antenna and point of study. Additionally, consideration is given to the manufacturers’ horizontal and vertical antenna patterns as well as radiation reflection. At any location, the predicted power density in the Far Field is the spatial average of points within a 0 to 6-foot vertical profile that a person would occupy. Near field power density is based on OET-65 Equation 20 stated as

𝑆 = (180
𝜃𝐵𝑊
) ⋅ 100 ⋅ 𝑃𝑖𝑛
𝜋 ⋅ 𝑅 ⋅ ℎ (mW/cm2)

where Pin is the power input to the antenna, BW is the horizontal pattern beamw idth and h is the aperture length.

Some antennas employ beamforming technology where RF energy allocated to each customer device is dynamically directed toward their location. This analysis includes a statistical factor reducing the actual power of the antenna system to 32% of maximum theoretical power to account for spatial distribution of users, network utilization, time division duplexing, and scheduling time. AT&T recommends the use of this factor based on a combination of guidance from its antenna system manufacturers, supporting international industry standards, industry publications, and its extensive experience.

5.A.h
Packet Pg. 110
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Analysis

AT&T Mobility proposes the following installation at this location:

• INSTALL (12) (N) ANTENNAS
• INSTALL (12) (N) RADIOS

The antennas will be mounted on a 80 -foot Stealth Pole-Ex with centerlines 69.12, 71, & 72.71 feet above ground level. Proposed antenna operating parameters are listed in Appendix A. Other appurtenances such as GPS antennas, RRUs and hybrid cable below the antennas are not sources of RF emissions. No other antennas are known to be operating in the vicinity of this site.

Figure 1: Antenna Locations

5.A.h
Packet Pg. 111
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Power density decreases significantly with distance from any antenna. The panel -type antennas to be employed at this site are highly directional by design and the orientation in azimuth and mounting elevation, as documented, serves to reduce the potential to exceed MPE limits at any location other than directly in front of the antennas. For accessible areas at ground level, the maximum predicted power density level resulting from all AT&T Mobility operations is 2.5482% of the FCC General Population limits. Incident at adjacent buildings depicted in Figure 1, the maximum pr edicted power density level resulting from all AT&T Mobility operations is 23.6998% of the FCC General Population limits. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings.

Waterford Consultants, LLC recommends posting RF alerting signage with contact information (Caution 2B) at the base of the Stealth Pole-Ex to inform authorized climbers of potential conditions near the antennas. These recommendations are depicted in Figure 2.

5.A.h
Packet Pg. 112
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com

Compliance Requirement Diagram (Access Location)

Recommendations

AT&T Mobility Access Location
Caution 2B sign posted at the base
of the pole.

Materials –
1 Caution 2B Sign

Figure 2: Mitigation Recommendation

5.A.h
Packet Pg. 113
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Appendix A: Operating Parameters Considered in this Analysis

Antenna
#: Carrier: Manufacturer Pattern:

Band
(MHz):

Mech
Az
(deg):

Mech
DT
(deg):

H BW
(deg):

Length
(ft):

TPO
(W): Channels:

Loss
(dB):

Gain
(dBd):

ERP
(W):

EIRP
(W):

Rad
Center
(ft):
1 AT&T QUINTEL QD6612-3D V1 02DT 700 50 0 70 6 40 4 0 12.0716 2578 4229 71 1 AT&T QUINTEL QD6612-3D V1 02DT 850 50 0 64 6 40 4 0 12.3679 2760 4528 71 1 AT&T QUINTEL QD6612-3D V1 00DT 1900 50 0 65 6 40 4 0 15.2398 5347 8772 71 1 AT&T QUINTEL QD6612-3D V1 00DT 2100 50 0 62 6 40 4 0 15.6713 5905 9688 71 2 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 50 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71
3 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 50 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 4 AT&T QUINTEL QD6616-7 V1 02DT 700 50 0 66 6 40 2 0 11.9711 1260 2066 71 4 AT&T QUINTEL QD6616-7 V1 02DT 700 50 0 66 6 40 4 0 11.9711 2519 4133 71 5 AT&T QUINTEL QD6612-3D V1 02DT 700 300 0 70 6 40 4 0 12.0716 2578 4229 71 5 AT&T QUINTEL QD6612-3D V1 02DT 850 300 0 64 6 40 4 0 12.3679 2760 4528 71 5 AT&T QUINTEL QD6612-3D V1 00DT 1900 300 0 65 6 40 4 0 15.2398 5347 8772 71 5 AT&T QUINTEL QD6612-3D V1 00DT 2100 300 0 62 6 40 4 0 15.6713 5905 9688 71 6 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 300 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71 7 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 300 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 8 AT&T QUINTEL QD6616-7 V1 02DT 700 300 0 66 6 40 2 0 11.9711 1260 2066 71 8 AT&T QUINTEL QD6616-7 V1 02DT 700 300 0 66 6 40 4 0 11.9711 2519 4133 71 9 AT&T QUINTEL QD6612-3D V1 02DT 700 160 0 70 6 40 4 0 12.0716 2578 4229 71 9 AT&T QUINTEL QD6612-3D V1 02DT 850 160 0 64 6 40 4 0 12.3679 2760 4528 71 9 AT&T QUINTEL QD6612-3D V1 00DT 1900 160 0 65 6 40 4 0 15.2398 5347 8772 71 9 AT&T QUINTEL QD6612-3D V1 00DT 2100 160 0 62 6 40 4 0 15.6713 5905 9688 71 10 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 160 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71 11 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 160 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 12 AT&T QUINTEL QD6616-7 V1 02DT 700 160 0 66 6 40 2 0 11.9711 1260 2066 71 12 AT&T QUINTEL QD6616-7 V1 02DT 700 160 0 66 6 40 4 0 11.9711 2519 4133 71

Notes: Table depicts recommended operating parameters for AT&T Mobility proposed operations.

5.A.h
Packet Pg. 114
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE

ATTACHMENT B
Existing AT&T LTE Coverage

5.A.h
Packet Pg. 115
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 2 Existing LTE 1900 RSRP
“AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable

5.A.h
Packet Pg. 116
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF 3 Existing LTE 1900 RSRP Zoomed-In View near Mission Tierra “AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable
Poor Indoor Service
on and around
Mission Tierra

5.A.h
Packet Pg. 117
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF

ATTACHMENT C
Proposed LTE Coverage at Current Location

5.A.h
Packet Pg. 118
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 4 Proposed LTE 1900 RSRP with CCL05050 Current Location “AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable
• Consistent coverage on and around
College, Mission Blvd, Washington Blvd
and the streets.
• Good indoor coverage for the
residential homes & the Church Area

5.A.h
Packet Pg. 119
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF

ATTACHMENT D
Proposed LTE Coverage at Option 1 (37.528050, -121.913384)

5.A.h
Packet Pg. 120
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 5 Proposed LTE 1900 RSRP with Option 1 (37.528050,-121.913384) “AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable
• Reduced footprint in coverage in
comparison with the proposed
location, specially on the Church Area
• Inconsistent coverage on Mission Blvd
& Washington Blvd
• Location is only 0.377mi away from
existing AT&T element and has the
potential for interference

5.A.h
Packet Pg. 121
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF

ATTACHMENT E
Proposed LTE Coverage at Option 2 (37.531423, -121.911302)

5.A.h
Packet Pg. 122
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 6 Proposed LTE 1900 RSRP with Option 2 (37.531423,-121.911302) “AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable
• Reduced footprint in coverage in
comparison with the proposed
location, specially on the West
• Inconsistent coverage on Washington
Blvd, the residences across Mission
Blvd and some parts of College

5.A.h
Packet Pg. 123
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF

ATTACHMENT F
Coverage Comparison between Current Location and the two (2) other options

5.A.h
Packet Pg. 124
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 7 Option 2 coverage with
better levels than Option 1
but inconsistent indoor
coverage on the
residential homes with
some impact on
Washington blvd as well
Current proposed
candidate location with
most consistent coverage
on and around Mission
blvd, specially the
residential homes
Option 1 coverage with
reduced footprint because
of its geographical
location with reduced
transit coverage on
Washinton blvd
Coverage Comparison on the residential area across Mission Blvd (Indoor, Transit & Outdoor) “AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”

5.A.h
Packet Pg. 125
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF

ATTACHMENT G
Noise Study

5.A.h
Packet Pg. 126
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS April 14, 2023
E
pic Wireless
605 Coolidge Drive, Suite 100
Folsom, CA 95630
Re
: Noise Assessment Letter
AT&T Site CCL05050
43630 Mission Boulevard,
Fremont, CA 94539
S
ite CCL05050 – Mission Boulevard is a proposed AT&T macro site located in the City of Fremont; CA.

AT&T is proposing to add a pre-manufactured walk -in cabinet with wall mounted A/C unit, and a new emergency backup generator. Based on our review of the pro ject drawings and technical specifications, the following is a summary of our noise assessment of the proposed equipment.

Per City of Fremont Code of Ordinances, Chapter 18.50 – Industrial Districts; the following excerpt from the code defines noise level performance standards, specifically 18.50.040

18. 50.040 – Performance Standards
(
a) Performance standards are established to ensure that adjoining properties, persons and th e c
ommunity as well as the region are provided protection against adverse conditions which may be created by the various uses operating within the industrial zoning di stricts. All uses within the I -S, I-T, and I-G districts, whether accessory, permitted, or whether requiring zoning administrator or conditional use permit approval, shall comply with the following performance standards:
(1) Noise. At all property lines, as m easured consistent with subsection (c) of this section, the maximum noise level generated by any user shall not exceed an Ldn level of 70 dB(A) when adjacent users are industrial, commercial, business, professional or office. When adjacent to hotels, motel s and other lodging, or outdoor sports and recreation, neighborhood parks and playgrounds, the noise level at all property lines shall be limited to an Ldn level of 65 dB(A).

When users are adjacent or contiguous to residential, institutional uses, or simi lar sensitive uses, the maximum noise level shall not exceed an hourly Leq level of 50 dB(A) during daytime hours (7:00 a.m. – 10:00 p.m.), an hourly Leq level of 45 dB(A) during nighttime hours (10:00 p.m. – 7:00 a.m.), an hourly Lmax level of 70 dB(A) during daytime hours, and an hourly Lmax level of 65 dB(A) during nighttime hours. Excluded from these standards are occasional sounds generated by the movement of railroad equipment, temporary construction activities or warning devices. Each of the noise level standards specified in this section shall be reduced by five dB(A) for single-tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises when the site is adjacent to residential areas. 7430 New Technology Way, Suite 150
Frederick, MD 21703
(703) 596-1022 Office
(540) 242-3195 Fax
www.waterfordconsultants.com

5.A.h
Packet Pg. 127
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

NOISE ANALYSIS
Of the supporting equipment planned for this project, Table 1 below presents the primary noise sources of concern.

T
able 1 – Supporting Equipment Noise Data
N
oise
Source
Equipment
Type Make Model Size
Manufacturer’s
Published Noise
Data (dBA)
Noise Data
Reference
Distance (ft)
A AC Unit Marvair ECUA012ACA 12K BTUs 51.5 5
B Generator Generac SD030 30 kW 66 [1] 23
[1] Sound pressure is based on Gen Set with Level 2 sound attenuated enclosure, full-load operating conditions.

Our review of the equipment package did not reveal any other significant noise sources being proposed other than what is within the scope of this project. The equipment is proposed to be installed on private property inside of an CMU wall on east, south & north sides & 8’ tall chain link fence w/ barbed wire & green privacy slats on west side of the compound area. Ambient noise is not considered in this study.

To p
roperly present this assessment, our noise modeling has assumed following scenarios: 1) This facility is not occupied; 2) Heat Exchanger on the pre-manufactured equipment cabinet runs continuously; 3) the generator is operating in the full load condition; 4) Ambient noise is not considered; 5) other existing on-site equipment creating noises are ignored and 6) fencing/landscaping currently on site is not taken into consideration.

The site and its adjacent properties are located within the City of Fremont, and the telecommunication site sits within APN 513-0742-001. The nearest adjacent property line is located to the east within APN 513-0742-002. The measurement of sound shall be taken from the nearest private site’s property line, towards the source of the sound, which equates to 354 ft distance from cabinet A/C unit to the property line and 351 ft from the generator to property line.

G
enerator is for emergency backup during power failure conditions. Generator is exercised once a week for one half hour maximum during daytime hours only. A/C unit on t he pre-manufactured cabinet will run continuously during day and nighttime hours. Noise levels measurements per Table 1, calculated to the property line of the nearest residence, is as follows:

No
ise Source ‘A’ – A/C Unit = 2.6 dBA
Noise Source ‘B’ – Generator = 27.8 dBA
7430 New Technology Way, Suite 150
Frederick, MD 21703
(703) 596-1022 Office
(540) 242-3195 Fax
www.waterfordconsultants.com

5.A.h
Packet Pg. 128
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS Digitally signed by Robert Lara
Date: 2023.04.14 12:33:04-04'00'
Combined Sources – Total of 27.8 dBA
Based on City of Fremont ordinance, the anticipated noise level of the equipment meets the hourly average noise nighttime levels of 45 dBA’s; and the combined anticipated levels of the equipment plus the Generator meets the maximum noise levels of 50 dBA’s . As sound pressure levels attenuate with increasing distance from the sound source, noise levels due to the supporting equipment at all remaining surrounding property lines, are anticipated to be less than the Municipal code requirements, meeting the noise standards outlined in this report.

CO

NCLUSION
Based on the project documentation, our noise assessment indicates that the proposed AT&T Telecommunications Facility complies with requirements mandated by City of Fremont at all adjacent properties per stated noise metrics outlined in the requirements above. To avoid any misunderstanding, I hereby state that to the best of my knowledge, belief and professional judgment, this report represents an accurate appraisal of the combined equipment, based upon careful evaluation of Manufacturer’s data to the extent reasonably possible.

Please reach out if I can be of further assistance.

Respectfully Submitted
For the Firm,
Robert J Lara,
7430 New Technology Way, Suite 150
Frederick, MD 21703
(703) 596-1022 Office
(540) 242-3195 Fax
www.waterfordconsultants.com

5.A.h
Packet Pg. 129
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

ATTACHMENT H
Relator Evaluation

5.A.h
Packet Pg. 130
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Wireless Communications Initiative Study
Wireless Facilities Impact on Property Values
November 2012

Background
Wireless technology has dramatically changed the way the world communicates. There are over 6 billion wireless phones being used worldwide. In the United States the number of wireless phones is greater than the population. Conversely, with the advent of smart phones and wireless devices, there is increasing strain being put our already stressed wireless infrastructure. The goal of the Wireless Communications Initiative (WCI) is to enable the deployment of a 21st century wireless infrastructure. Silicon Valley is clearly driving wireless innovation and the region has consistently been an early adopter of these products.

However, compared to feature phones, smartphones place 24 times the demand on wireless networks, and smart devices such as tablets command 120 times as much. Carriers are trying to respond to this revolution in technology by deploying what is called Next Generation technology. Carriers tout the capacity of their 4G or LTE (Long Term Evolution) networks as significantly more efficient in managing the burgeoning demand placed on networks by applications such as streaming video.

The significant challenge facing the next phase in technology deployment is the need to place wireless facilities in residential neighborhoods. These facilities need to be closer to consumers to allow signals to be accessible within homes. This is increasingly important given that about 30 percent of homes rely solely on wireless phone service. In addition, almost 400,000 calls to 911 are made each day using wireless phones. Access to a wireless network has now become a public safety imperative.

Carriers are working with cities to identify neighborhood sites for wireless facilities. However, this task has been made more difficult in some cases when a few residents raise concerns about the placement of wireless towers. These residents oppose carrier applications because of

5.A.h
Packet Pg. 131
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS trepidations related to Radio Frequency (RF) emissions or suspicions about a negative impact on property values. The anxiety that wireless towers impact property values has been a powerful argument used by opponents to carrier applications. Oftentimes, anecdotal evidence is used to bolster these arguments, absent any factual evidence regarding the veracity of these claims.

Carrier and city attempts to address these concerns can lead to long delays in deploying and upgrading wireless facilities. It isn’t unusual for a single application to be delayed for a year or more while community concerns are being addressed.

This study has been designed to assess the actual effects of wireless facilities on property values.

We have the capability to consider wireless facilities that have been in place for several years.

We can look at hundreds of recent real estate transactions to determine what effects are present.

The Study Partners
The Santa Clara County Association of REALTORS® and the Silicon Valley Association of REALTORS® (SILVAR) partnered with WCI to produce the study. The members of these two organizations are involved with most transactions involving single family residences in Silicon Valley. The Associations are over 100 years old and have a rich history paralleling the growth of the region. The organizations represent thousands of real estate agents who have a deep commitment to furthering the professionalism of the industry.

In addition, WCI partnered with MLS Listings to perform the actual data analysis. MLSListings, Inc. was founded in 2007 by a collaboration between several established regional multiple listing services, notably Silicon Valley’s RE InfoLink and California’s Central Valley MLS. The company created by this merger, MLSListings Inc. serves nearly 16,000 subscribers and 6,000 firms. MLSListings typically handles listings totaling nearly $70 billion annually.

See Appendix B for more information about these organizations.

5.A.h
Packet Pg. 132
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

The Methodology
The data was compiled using over 1600 single-family home transactions from January to September 2012. A total of 70 wireless sites were selected in Palo Alto, Redwood City, Saratoga and San Jose. The survey compared the “list” and “sale” price for transactions based on the distant from the wireless facility. The transactions were grouped by those 1) within 1/8th of a mile, 2) 1/8 to a quarter mile and 3) a quarter to one-half mile.

In addition, the study included all types of wireless facilities. These facilities may be A) a wireless tower, B) equipment placed on buildings (e.g. church, offices) or C) placed on a utility structure (e.g. pole, tower).

See Appendix D for sample photographs of the sites.

Sample MLS listing data query

5.A.h
Packet Pg. 133
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

The chart below displays the aggregated results for the study. The list and sale prices are an aggregate of the all of the transactions that occurred within the specified distance from the wireless site during January to September 2012. The fourth column is derived as a percentage of the sale price to the list price.

Total List Price Total Sale Price %List to Sale
Palo Alto
0-0.125 mile $ 33,093,000 $ 34,243,125 103%

0.125-0.25 $ 219,641,507 $ 233,276,629 106%

0.25-0.5 $ 1,058,288,821 $ 1,094,507,081 103% Redwood City
0-0.125 mile $ 9,111,888 $ 9,306,000 102%

0.125-0.25 $ 36,670,398 $ 36,738,500 100%

0.25-0.5 $ 91,938,794 $ 92,571,249 101% Saratoga
0-0.125 mile $ 11,116,000 $ 11,168,000 100%

0.125-0.25 $ 77,914,560 $ 77,601,045 100%

0.25-0.5 $ 353,092,390 $ 350,550,126 99% San Jose
0-0.125 mile $ 29,024,249 $ 28,695,250 99%

0.125-0.25 $ 57,135,400 $ 57,075,940 100%

0.25-0.5 $ 157,404,541 $ 158,404,215 101%

A listing of the addresses for the wireless sites is in Appendix A.

5.A.h
Packet Pg. 134
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

Conclusion
It is quite clear from the data that the distance from a wireless facility has no apparent impact on the value or sale price of a home. The relationship between the list and sale price remained the same no matter how close the property was to the wireless facility. In addition, we see that all the cities in the survey had similar results. The sites across all cities represent a variety of properties including those in neighborhoods with higher priced homes versus those in communities with more moderately priced homes.

Most real estate professionals believe there are multiple factors that affect property values.

These professionals still believe in the old adage that there are three factors: location, location, location. However, it is quite obvious that the overall economic climate can have an overriding effect on the real estate market. This year has seen a significantly stronger market for home sales, both in the number of transactions and sellers’ ability to obtain their asking price. Other factors that tend to impact property values include schools and access to transportation.

This study should provide a data-based explanation of the relationship between home values and the proximity to wireless facilities. The conclusions can be understood to suggest that communities and carriers have done well in considering the placement of the technology. The Wireless Communications Initiative believes this continued commitment to resolving deployment issues will benefit our region and its neighborhoods.

5.A.h
Packet Pg. 135
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS (Appendix A)
Wireless Facilities Included In Study
Palo Alto
1082 Coronado
101 Alma St
1985 Louis Road
3990 El Camino
305 N California
10950 Channing
1501 Page Mill Rd
200 Page Mill Rd
2047 bayshore
2300 Geng Rd
260 Sheridan
2666 E Bayshore Rd
2675 Hanover St
2701 Middlefield Rd
300 Pasteur Dr
3000 Alexis
3141 Maddux Dr
3401 & 3431 Hillview
345 Hamilton Ave
3475 Deer Creek Rd
3600 W Bayshore Rd
3600 Middlefied
3672 Middlefied
3862 Middleflied
4009 Miranda
4243 Manuela Ave
4249 El Camino Real
488 University Ave
525 University Ave

5.A.h
Packet Pg. 136
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 531 Stanford Ave
695 Arastradero
711 Colorado
724 Arastradero
850 Webster St
855 El Camino
900 Blake Wilbur Dr
799 Arastradero
760 Porter
3000 El Camino Real
675 El Camino Real
2595 E Bayshore
Junipero & Stanford
Page Mill & Foothill
Redwood City
3025 Jefferson Ave
468 Grand St
1175 Palomar
1251 Annette
2900 Whipple Ave
Saratoga
14407 Big Basin Way
14000 Fruitvale
13000 Glen Brae
13750 Prune Blossom
14091 Quito Rd
12770 Saratoga Ave
1777 Saratoga Ave
13601 Saratoga Ave
20508 Saratoga Los Gatos
19491 Saratoga Los Gatos
12393 Saratoga Sunnyvale

5.A.h
Packet Pg. 137
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS 12413 Saratoga Sunnyvale
Hwy 9 & Quito
San Jose
2827 Flint Ave
930 Remillard Ct
3675 Payne Ave
144 S Jackson
366 Saint Julie Dr
1529 Newport Ave
1200 Fleming Ave
2110 Story Rd
1635 Park Ave
1700 Moffat St
Disclaimer: the data was pulled on 10/2/2012 pulling only single family residence (class 1 in MLSListings, Inc.) with a time frame of all sales from 1/1/2012 to 10/2/2012

5.A.h
Packet Pg. 138
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS Appendix B
Santa Clara County Association of REALTORS®

History
Santa Clara County Association of REALTORS®, established in 1896, has a long and rich history paralleling the history of Santa Clara Valley. SCCAOR, the first trade association in California, is the largest real estate board in Northern California, and was listed as one of the nation's top 20 associations by the Foundation of the American Society of Association Executives. It has come a long way since its first members took potential buyers to preview properties in horse-drawn buggies.

Over the years, its members have made very significant contributions, both in the real estate industry and to the quality of life in Santa Clara County, through their community service activities. Santa Clara County Association of REALTORS®'s history is one of recognizing changing needs in the real estate industry, economy, and technology, and leading the way in responding to those needs.

Santa Clara County Association of REALTORS® was the first real estate board in California to employ a Government Affairs Director to represent the interest of property owners, REALTORS® and the real estate industry, at all levels of government. Threats to property rights remain an increasingly "hot" item on legislative agendas.

The Board's educational activities for members and the public consistently win state and national awards for high quality and leadership, including the Real Estate Assistants Program, developed in 1994. Ongoing classes and seminars provide Members with the most current, professional education for the benefit of their clients and their careers.

In support of the many communities our members serve, SCC REALTORS® FOUNDATION, a nonprofit corporation designed to direct Member's monetary contributions to the most vital community needs, was formed in 1991.

5.A.h
Packet Pg. 139
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS Integrity, strength and innovation are the foundation of Santa Clara County Association of REALTORS®'s history. In the same tradition, established during the past century, we are committed to being an industry leader, bringing positive action and service to our Members and communities for the next 100 years.

The Silicon Valley Association of REALTORS®
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.

It is the duty and responsibility of every REALTOR® member of this Association to abide by the "Code of Ethics" of the National Association of REALTORS®. The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® & who subscribes to its strict Code of Ethics.

MLSListings, Inc. was founded in 2007 as a collaboration between several established regional multiple listing services, notably Silicon Valley’s RE InfoLink and California’s Central Valley MLS. As the company created by this merger, MLSListings Inc. serves nearly 16,000 subscribers and 6,000 firms in Santa Clara, Santa Cruz, Monterey, San Mateo, San Benito, Merced, San Joaquin and Stanislaus Counties – an area of approximately 28,000 square miles, reaching from San Francisco to Big Sur, and including some of the most valuable real estate in the world. MLSListings typically handles listings totaling nearly $70 billion annually.

5.A.h
Packet Pg. 140
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS In April, 2008, MLSListings, Inc. joined with three other Northern California MLS services – San Francisco MLS, Bay Area Real Estate Services, and MetroList Services – in an unprecedented alliance to share multiple listing data throughout Northern California. This new alliance serves nearly 50,000 brokers in 19 Northern California Counties, a total population of nearly 9 million people.

5.A.h
Packet Pg. 141
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS Appendix C
Wireless Site Photographs (Sampling)

366 St. Julie Drive, San Jose

2110 Story Road, San Jose

5.A.h
Packet Pg. 142
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

3675 Payne, San Jose

5.A.h
Packet Pg. 143
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

12770 Saratoga Ave, Saratoga

14407 Big Basin Way

5.A.h
Packet Pg. 144
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

675 El Camino, Palo Alto

5.A.h
Packet Pg. 145
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

1082 Colorado St. Palo Alto

1985 Louis Road, Palo Alto

5.A.h
Packet Pg. 146
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

4009 Miranda, Palo Alto

4243 Manuela, Palo Alto, CA

5.A.h
Packet Pg. 147
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

2575 Hanover, Palo Alto

5.A.h
Packet Pg. 148
Attachment: Informational Enclosure 5 - Appeal Response Letter (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com

Compliance Statement
Based on information provided by AT&T Mobility and predictive modeling , the MISSION BLVD installation proposed by AT&T Mobility will be compliant with Radiofrequency Radiation Exposure Limits of 47 C.F.R. §§

1.1307(b)(3) and 1.1310. RF alerting signage at the base of the Stealth Pole -Extrnl Array and restricting access to authorized climbers that have completed RF safety training is required for Occupational environment compliance. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings.

Certification
I, David H. Kiser, am the reviewer and approver of this report and am fully aware of and familiar with the Rules and Regulations of both the Federal Communications
Commissions (FCC) and the Occupational Safety and
Health Administration (OSHA) with regard to Human
Exposure to Radio Frequency Radiation, specifically in
accordance with FCC’s OET Bulletin 65. I have
reviewed this Radio Frequency Exposure Assessment
report and believe it to be both true and accurate to the best of my knowledge.

General Summary
The compliance framework is derived fr om the Federal Communications Commission (FCC) Rules and Regulations for preventing human exposure in excess of the applicable Maximum Permissible Exposure (“MPE”) limits. At any location at this site, the power density resulting from each transmitter may be expressed as a percentage of the frequency-specific limits and added to determine if 100% of the exposure limit has been exceeded. The FCC Rules define two tiers of permissible exposure differentiated by the situation in which the exposure takes place and/or the status of the individuals who are subject to exposure. General Population / Uncontrolled exposure limits apply to those situations in which persons ma y not be aware of the presence of electromagnetic energy, where exposure is not employment-related, or where persons cannot exercise control over their exposure. Occupational / Controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure. Based on the criteria for these classifications, the FCC General Population limit is considered to be a level that is safe for continuous exposure time. The FCC General Population limit is 5 times more restrictive than the Occupational limits.

In situations where the predicted MPE exceeds the General Population threshold in an accessible area as a result of emissions from multiple transmitters, FCC licensees that contribute greater than 5% of the aggregate MPE share responsibility for mitigation.

Radio Frequency Emissions Compliance Report for AT&T Mobility Site Name: MISSION BLVD Site Structure Type: Stealth Pole- Address: 43630 Mission Boulevard Latitude: 37.529752
Fremont, Ca 94539 Longitude: -121.915575
Report Date: April 13, 2023 Project: New Build

5.A.i
Packet Pg. 149
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Table 1: FCC Limits
Frequency
(MHz)
Limits for General Population/ Uncontrolled Exposure Limits for Occupational/ Controlled Exposure Power Density
(mW/cm2)
Averaging Time
(minutes)
Power Density
(mW/cm2)
Averaging Time
(minutes)
30-300 0.2 30 1 6
300-1500 f/1500 30 f/300 6
1500-100,000 1.0 30 5.0 6

f=Frequency (MHz)

Based on the computational guidelines set forth in FCC OET Bulletin 65, Waterford Consultants, LLC has developed software to predict the overall Maximum Permissible Exposure possible at any location given the spatial orientation and operating parameters of multiple RF sources. The power density in the Far Field of an RF source is specified by OET-65 Equation 5 as follows:

𝑆 =
𝐸𝐼𝑅𝑃
4⋅𝜋⋅𝑅2 (mW/cm2)

where EIRP is the Effective Radiated Power relative to an isotropic antenna and R is the distance between the antenna and point of study. Additionally, consideration is given to the manufacturers’ horizontal and vertical antenna patterns as well as radiation reflection. At any location, the predicted power density in the Far Field is the spatial average of points within a 0 to 6-foot vertical profile that a person would occupy. Near field power density is based on OET-65 Equation 20 stated as

𝑆 = (180
𝜃𝐵𝑊
) ⋅ 100 ⋅ 𝑃𝑖𝑛
𝜋 ⋅ 𝑅 ⋅ ℎ (mW/cm2)

where Pin is the power input to the antenna, BW is the horizontal pattern beamw idth and h is the aperture length.

Some antennas employ beamforming technology where RF energy allocated to each customer device is dynamically directed toward their location. This analysis includes a statistical factor reducing the actual power of the antenna system to 32% of maximum theoretical power to account for spatial distribution of users, network utilization, time division duplexing, and scheduling time. AT&T recommends the use of this factor based on a combination of guidance from its antenna system manufacturers, supporting international industry standards, industry publications, and its extensive experience.

5.A.i
Packet Pg. 150
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Analysis

AT&T Mobility proposes the following installation at this location:

• INSTALL (12) (N) ANTENNAS
• INSTALL (12) (N) RADIOS

The antennas will be mounted on a 80 -foot Stealth Pole-Ex with centerlines 69.12, 71, & 72.71 feet above ground level. Proposed antenna operating parameters are listed in Appendix A. Other appurtenances such as GPS antennas, RRUs and hybrid cable below the antennas are not sources of RF emissions. No other antennas are known to be operating in the vicinity of this site.

Figure 1: Antenna Locations

5.A.i
Packet Pg. 151
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Power density decreases significantly with distance from any antenna. The panel -type antennas to be employed at this site are highly directional by design and the orientation in azimuth and mounting elevation, as documented, serves to reduce the potential to exceed MPE limits at any location other than directly in front of the antennas. For accessible areas at ground level, the maximum predicted power density level resulting from all AT&T Mobility operations is 2.5482% of the FCC General Population limits. Incident at adjacent buildings depicted in Figure 1, the maximum pr edicted power density level resulting from all AT&T Mobility operations is 23.6998% of the FCC General Population limits. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings.

Waterford Consultants, LLC recommends posting RF alerting signage with contact information (Caution 2B) at the base of the Stealth Pole-Ex to inform authorized climbers of potential conditions near the antennas. These recommendations are depicted in Figure 2.

5.A.i
Packet Pg. 152
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com

Compliance Requirement Diagram (Access Location)

Recommendations

AT&T Mobility Access Location
Caution 2B sign posted at the base
of the pole.

Materials –
1 Caution 2B Sign

Figure 2: Mitigation Recommendation

5.A.i
Packet Pg. 153
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR MISSION BLVD - New Build .04.13.2023

7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Appendix A: Operating Parameters Considered in this Analysis

Antenna
#: Carrier: Manufacturer Pattern:

Band
(MHz):

Mech
Az
(deg):

Mech
DT
(deg):

H BW
(deg):

Length
(ft):

TPO
(W): Channels:

Loss
(dB):

Gain
(dBd):

ERP
(W):

EIRP
(W):

Rad
Center
(ft):
1 AT&T QUINTEL QD6612-3D V1 02DT 700 50 0 70 6 40 4 0 12.0716 2578 4229 71 1 AT&T QUINTEL QD6612-3D V1 02DT 850 50 0 64 6 40 4 0 12.3679 2760 4528 71 1 AT&T QUINTEL QD6612-3D V1 00DT 1900 50 0 65 6 40 4 0 15.2398 5347 8772 71 1 AT&T QUINTEL QD6612-3D V1 00DT 2100 50 0 62 6 40 4 0 15.6713 5905 9688 71 2 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 50 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71
3 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 50 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 4 AT&T QUINTEL QD6616-7 V1 02DT 700 50 0 66 6 40 2 0 11.9711 1260 2066 71 4 AT&T QUINTEL QD6616-7 V1 02DT 700 50 0 66 6 40 4 0 11.9711 2519 4133 71 5 AT&T QUINTEL QD6612-3D V1 02DT 700 300 0 70 6 40 4 0 12.0716 2578 4229 71 5 AT&T QUINTEL QD6612-3D V1 02DT 850 300 0 64 6 40 4 0 12.3679 2760 4528 71 5 AT&T QUINTEL QD6612-3D V1 00DT 1900 300 0 65 6 40 4 0 15.2398 5347 8772 71 5 AT&T QUINTEL QD6612-3D V1 00DT 2100 300 0 62 6 40 4 0 15.6713 5905 9688 71 6 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 300 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71 7 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 300 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 8 AT&T QUINTEL QD6616-7 V1 02DT 700 300 0 66 6 40 2 0 11.9711 1260 2066 71 8 AT&T QUINTEL QD6616-7 V1 02DT 700 300 0 66 6 40 4 0 11.9711 2519 4133 71 9 AT&T QUINTEL QD6612-3D V1 02DT 700 160 0 70 6 40 4 0 12.0716 2578 4229 71 9 AT&T QUINTEL QD6612-3D V1 02DT 850 160 0 64 6 40 4 0 12.3679 2760 4528 71 9 AT&T QUINTEL QD6612-3D V1 00DT 1900 160 0 65 6 40 4 0 15.2398 5347 8772 71 9 AT&T QUINTEL QD6612-3D V1 00DT 2100 160 0 62 6 40 4 0 15.6713 5905 9688 71 10 AT&T Ericsson
SON_AIR6419 TB 05.17.22 3500
AT&T 3500 160 0 13 2.4 54.2 1 0 23.45 11999 19686 72.71 11 AT&T Ericsson
SON_AIR6449 NR TB 05.17.22
3700 AT&T 3700 160 0 11.7 2.8 86.8 1 0 23.45 19199 31497 69.12 12 AT&T QUINTEL QD6616-7 V1 02DT 700 160 0 66 6 40 2 0 11.9711 1260 2066 71 12 AT&T QUINTEL QD6616-7 V1 02DT 700 160 0 66 6 40 4 0 11.9711 2519 4133 71

Notes: Table depicts recommended operating parameters for AT&T Mobility proposed operations.

5.A.i
Packet Pg. 154
Attachment: Informational Enclosure 6 - RF Report (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
Contact ( 925 ) 202-8507
Shot Point Map
Project Location
1 2
3 4

5.A.j
Packet Pg. 155
Attachment: Informational Enclosure 7 - Photosimulations (5084 : APPEAL OF CONDITIONAL USE ExistingExisting
Proposed
Contact ( 925 ) 202-8507
Existing AT&T
Installation
Proposed AT&T
Installation
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
view from Pine Street looking northwest at site

5.A.j
Packet Pg. 156
Attachment: Informational Enclosure 7 - Photosimulations (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE ExistingExisting
Proposed
Contact ( 925 ) 202-8507
Existing AT&T
Installation
Proposed AT&T
Installation
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
view from Mission Blvd looking east at site

5.A.j
Packet Pg. 157
Attachment: Informational Enclosure 7 - Photosimulations (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE ExistingExisting
Proposed
Contact ( 925 ) 202-8507
Existing AT&T
Installation
Proposed AT&T
Installation
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
view from Witherly Lane looking south at site

5.A.j
Packet Pg. 158
Attachment: Informational Enclosure 7 - Photosimulations (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE ExistingExisting
Proposed
Contact ( 925 ) 202-8507
Existing AT&T
Installation
Proposed AT&T
Installation
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
CCL05050 Mission Blvd
43630 Mission Blvd, Fremont, CA
Photosims Produced on 4-9-2023
view from Witherly Lane looking southeast at site

5.A.j
Packet Pg. 159
Attachment: Informational Enclosure 7 - Photosimulations (5084 : APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE (c) 2007 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

CCL05050 Propagation Map
Mar 30, 2023

5.A.k
Packet Pg. 160
Attachment: Informational Enclosure 8 - Coverage Maps (5084 : APPEAL OF Existing LTE 700 Coverage
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable

5.A.k
Packet Pg. 161
Attachment: Informational Enclosure 8 - Coverage Maps (5084 : APPEAL OF Proposed LTE 700 Coverage with CCL05050
Legend
Reliable Service Indoors/Outdoors
Reliable Coverage in Transit
Indoor Coverage Less Reliable
Proposed site
Existing site
Reliable Coverage Outdoors
Only
Indoor Coverage Less Reliable
CCL05050

5.A.k
Packet Pg. 162
Attachment: Informational Enclosure 8 - Coverage Maps (5084 : APPEAL OF Fremont City Council Meeting: 03/19/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5099) DOC ID: 5099
Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 1
2023 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN AND HOUSING ELEMENT (PLN2024-00067) – Public Hearing (Published Notice) to consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider a finding that the annual report is exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

Contact Persons:

Name: Mayank Patel Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Planning Community Development
Phone: (510) 494-4450 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: Government Code §65400 et seq. (Administration of General Plan) requires local jurisdictions to provide an Annual Progress Report (APR) on the status of the General Plan and progress towards implementing the Housing Element to the Governor’s Office of Planning and Research (OPR) and State Department of Housing and Community Development (HCD). The City of Fremont’s Calendar Year (CY) 2023 APR is included as Exhibit “A” (General Plan APR) and Exhibit “B” (Housing Element APR Tables). This Staff Report provides additional context to the APR and is organized into the following sections:

A. Progress towards meeting the City’s Regional Housing Needs Allocation (RHNA).

B. Status of Housing Element actions and programs.

C. Additional annual reporting requirements.

D. Status of General Plan activities.

The period covered in this report is January 1 to December 31, 2023. This report reflects the accomplishments for the first year of the 2023 – 2031 Housing Element.

BACKGROUND: The City Council adopted a comprehensive General Plan update in December 2011. On January 10, 2023, the City Council adopted Fremont’s sixth cycle Housing Element, which covers the 2023-2031 planning period. HCD certified the City’s sixth cycle Housing Element on March 22, 2023. The City submitted an APR to OPR and HCD every year for the fifth cycle Housing Element planning period (2015-2023). As required under State law, Staff will submit the 2023 APR to OPR and HCD for the current cycle Housing Element.

5.B
Packet Pg. 163
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 2
Planning Commission Hearing
On February 22, 2024, the Planning Commission considered the APR and voted 6 to 0, with one commissioner absent, to recommend that the City Council direct Staff to submit the APR to OPR and HCD. The subject item had one public speaker who generally commented on the City’s RHNA allocation, density, and vacant and underutilized sites in the city.

DISCUSSION/ANALYSIS: The City of Fremont’s CY 2023 APR is included as Exhibit “A” (General Plan APR) and Exhibit “B” (Housing Element APR Tables). The Housing Element APR Tables are prepared on standard forms provided by HCD and include all data required to be reported under Government Code §65400. Following review by the Planning Commission and City Council, Staff will submit the City’s CY 2023 APR to OPR and HCD.

Under State law, the CY 2023 APR must be submitted to OPR and HCD on or before April 1, 2024.

The CY 2023 APR is the first APR for the 2023-2031 planning period.

A) Progress Towards Meeting the City’s Regional Housing Need Allocation (RHNA)
The State of California periodically provides population growth and housing need estimates to each regional Council of Governments. The Association of Bay Area Governments (ABAG), which is the regional Council of Governments in the Bay Area, is then charged with distributing the regional housing need to jurisdictions and counties within the ABAG region.

Each city’s need is further categorized by income category. The goal of the RHNA process is to ensure that local General Plans can accommodate projected future household growth for all income levels in each jurisdiction. Housing production across all income levels is needed to address California’s existing challenges regarding housing supply and affordabi lity.

Table 1 identifies the City’s RHNA for the 2023-2031 planning period. Fremont’s Housing Element is required to demonstrate an ability to accommodate the City’s RHNA at the various income levels through vacant or underutilized land designated to allow residential development and housing production.

Table 1. 2023 – 2031 RHNA by Income Category
Income Category Percentage of Area Median Income (AMI) RHNA Very Low 30 – 50% of AMI 3,640 (28%)
Low1 50 – 80% of AMI 2,096 (16%)
Moderate 80 – 120% of AMI 1,996 (16%)
Above Moderate 120%+ of AMI 5,165 (40%)
Total 12,897 (100%)
Source: Regional Housing Need Plan-San Francisco Bay Area 2023-2031, ABAG.

Table 2 contains the number of building permits the City issued for new housing units during the first year of the sixth-cycle planning period, which spans from January 31, 2023

1 The term may also be used to mean 0% to 80% of AMI.

5.B
Packet Pg. 164
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 3
to January 31, 2031. The table also shows the number of units captured under the “projection period,” which is the time period for which the regional housing need is calculated. For more detail, please refer to Table B in attachment Exhibit “B” (Housing Element APR Tables).

Table 2. Building Permits Issued and Progress Towards RHNA Income
Category RHNA
Projection
Period2
2023
2024
2025
2026
2027
2028
2029
2030
2031
Total
Units to
Date
Total
Remaining
RHNA
Very Low3 3,640 4 43 47 3,593
Low4 2,096 28 103 131 1,965
Moderate 1,996 34 23 57 1,939
Above
Moderate 5,165 338 165 503 4,662
Total 12,897 404 334 738 12,159
Total Housing Production
In 2023, a total of 340 new housing units received building permits, which makes up approximately three percent of the City’s total RHNA target. The largest residential project that received building permits is Osgood Apartments Phase II (a 100-unit affordable complex), located in the Irvington Community Plan Area. Other relatively large projects contributing to the 2023 building permit count included: 1) Niles Henkel Gateway (40 units), located in the Niles Community Plan Area; and 2) The Cottages (16 units), located in the Centerville Community Plan Area. The remaining balance of the units consisted mostly of accessory dwelling units (ADUs), which made up nearly 24-percent (80 units) of the total issued permits.

The 340 new units permitted in 2023 represents a decline from 2022, when the City issued permits for 1133 units. Potential factors for the decrease include rising interest rates as well as increases in material prices and labor costs.

Affordable Housing Production
The following table provides information on housing developments containing affordable units that received building permits in the reporting year (2023).

2 The “projection period” spanned from June 30, 2022 to January 31, 2023. 3 Units serving extremely low income households are included in the totals for very low income. 4 The term may also be used to mean 0% to 80% of AMI.

5.B
Packet Pg. 165
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 4
Table 3. 2023 Building Permits – Affordable Housing Development Units
Project Name Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Total
Osgood Apartments – Phase II
(BLD2022-09746) 20 0 79 1 100
Total 20 0 79 1 100
Accessory Dwelling Unit (ADU) Production
In 2023, the City issued building permits for 80 ADUs. While this number is approximately a 50-percent decrease from last year,5 it still exceeds the annual projection of 60 ADUs estimated in the Housing Element. Much like the overall decrease in permitted units, the decrease in ADU permits in 2023 compared to 2022 may be a result of higher interest rates and less favorable market conditions. Despite the decrease in permitted units, 156 ADU applications were “submitted”6 to the City in 2023, which suggests that the interest in ADUs continues to be strong. Staff anticipates the momentum behind ADUs to continue largely because the City amended its ADU Ordinance, to comply with State law and remove barriers, in Fall 2023.

In 2022, ABAG collected rental data on ADUs in the region and prepared analysis to sup port assumptions on the affordability levels of ADUs in the San Francisco Bay Area. 7 The affordability assumptions are as follows:
1) 30-percent of ADUs are affordable to very-low-income households.

2) 30-percent are affordable to low-income households.

3) 30-percent are affordable to moderate income households.

4) 10-percent are affordable to above-moderate income households.

The 80 ADUs permitted in 2023 were assigned to different income categories in the APR based on ABAG’s affordability assumptions, as shown in the table below.

5 In 2022, the City issued building permits for 149 ADUs. 6 Per HCD’s “application submitted” means “an application submittal that has been determined complete by the jurisdiction.”
7 ABAG Technical Assistance Memorandum – Using ADUs to Satisfy RHNA.

5.B
Packet Pg. 166
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 5
Table 4. 2023 ADU Affordability Assignments
Income Category Percentage of Total Permitted ADUs
Very Low (30 – 50% of AMI) 30% 24
Low8 (50 – 80% of AMI) 30% 24
Moderate (80 – 120% of AMI) 30% 24
Above Moderate (120%+ of AMI) 10% 8
Total 100% 80
Conformance with SB 35
In 2017, Governor Brown signed SB 35 into law, which established a streamlined approval process for new housing development projects that meet certain criteria. Local jurisdictions are subject to SB 35 when the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that RHNA reporting period. Based on housing production reported in the City’s CY 2022 APR, the City has made insufficient progress toward its lower income RHNA (very-low and low income), and therefore, HCD has determined that the City is subject to SB 35 for proposed developments with at least 50-percent affordability. If the City also makes insufficient progress towards its above moderate income RHNA, then the City would also be subject to the more inclusive streamlining for developments with at least 10-percent affordability.

In 2023, the City issued one entitlement application pursuant to SB 35: Veranda Mixed-Use Project (PLN2023-00053), which comprises 68 units, including 8 ADUs.

Conformance with SB 9
SB 9, titled the California Housing Opportunity and More Efficiency (HOME) Act, went into effect in 2022. The bill added Government Code §§ 65851.21 (“Two Unit Developments) and 66411.7 (Urban Lot Splits) and amended Government Code §66452.6 (Subdivision Map Act). SB 9 has two major components:
1) The right to develop more than one home on a single-family residential lot; and

2) The right to subdivide a single-family residential lot.

If certain criteria are met, SB 9 requires local jurisdictions to ministerially approve Two Unit Developments and Urban Lot Splits. SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single- family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately). Under SB 9, new units and subdivisions need not comply with the City’s “standard” development regulations for the Single-Family Residential (R-1) zoning district and Planned Districts that allow for

8 The term may also be used to mean 0% to 80% of AMI.

5.B
Packet Pg. 167
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 6
single-family homes. Effectively, the law limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However, the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9, so long as the objective standards do not preclude two 800 square foot units. On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code, including adopting a local SB 9 ordinance.

In 2023, five SB 9 applications were submitted to the City. As noted in the table below, the City approved three SB 9 applications, including any submitted in prior year(s), in 2023. No building permits were issued in 2023 for an application submitted pursuant to SB 9.

Table 5. 2023 SB 9 Applications
SB 9 Application Type Submitted Approved
Two-Unit Development9 1
Urban Lot Split10 2 2
Two-Unit Development & Urban Lot Split11 2 1
Total 5 3
B) Status of Housing Element Actions and Programs
The 2023-2031 Housing Element identifies six goals, 24 policies, and 94 programs. Table D in Exhibit “B” details the various programs implementing the Housing Element goals and policies, with their status. Many of the successful programs in the 2015–2023 Housing Element were carried over to the 2023-2031 Housing Element, and some programs were modified or refocused to better address housing goals. A summary of notable accomplishments in 2023 toward implementation of 2023–2031 Housing Element goals and policies is provided below.

Table 6. 2023 Summary of Notable Accomplishments
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
Training for Apartment Owners &
Property Managers. The City's Housing
Division held a virtual training on September
20th, 2023, drawing 155 attendees. Property
managers and owners learned about new
02 Goal 1: Preserve,
Maintain, and
Improve the Existing
Housing Supply.

Policy 1.01: Identify
and Remedy
Substandard Housing
Conditions.

9 This category involves the development of no more than two new units. The new units can be a mix of a primary dwelling, an ADU, or a JADU. This category does not involve a subdivision of the existing parcel. 10 This category involves the subdivision of an existing parcel into two lots via a tentative parcel map. This category does not involve the creation of new units.
11 This category involves a subdivision and the creation of up new units: up to four on a vacant lot (two on each newly-created lot), or two on an existing lot that is developed with a unit.

5.B
Packet Pg. 168
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 7
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
laws, fair housing, code enforcement, rent
control updates, and sustainability initiatives.

Condominium Conversions. The City
continues to implement its Condominium
Conversion Ordinance, codified under
Fremont Municipal Code §18.190.060, to
maintain the community's supply of rental
units. The Planning Division's annual
memorandum on conversion applications
(attached as Informational Item 1) reports no
applications received in 2023.
08 Goal 2: Help Current
Residents Maintain
Stable and Safe
Housing in Fremont.

Policy 2.01:

Preserve Existing
Housing Options.

Housing Education Campaign. Fremont’s
Housing Resources webpage offers info on
affordable housing programs, first-time
homebuyer options, and resources for renters
and homeowners. It includes:

• Affordable housing developer listings
& upcoming units.
• Waitlists, directories, and tenant
resources.
• County & state resource links (e.g.,
Alameda County Housing Portal).
28 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.

Policy 3.02: Improve
Efficiency of
Entitlement Process
for Housing
Developments.

Promote Inventory of Residential Vacant
and Underutilized Opportunity Sites.

In Fall 2023, the City's Housing Element
webpage was revamped to showcase the
RHNA-driven Sites Inventory, including a
table and maps. In December 2023, an
interactive layer displaying Housing Element
sites’ attributes was added to the public
eGIS.
40 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.

Policy 3.03: Promote
Housing Development
in Highest Resource
Neighborhoods.

Policy 3.06: Raise
Awareness of City
Resources and
Policies Among
Housing Developers.

Continue to Allocate Percentage of
General Fund Revenue from “Boomerang
Funds” to Affordable Housing and
Interim Shelter Projects. The City
continues to utilize boomerang funds towards
affordable housing and shelter projects.

Approximately $2.2 million annually in
Boomerang Funds support various services
for unhoused residents, including the
Homeless Wellness Day Center, Mobile
Evaluation Team (MET), CleanStart Mobile
Hygiene Program, Winter Relief Program,
Safe Parking Program, supportive case
management and encampment cleanup.
47 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.

Goal 5: Address
Disparities in Access
to Housing and
Disproportionate
Housing Needs.

Policy 4.02:

Maximize Financial
Resources Available
for Affordable
Housing.

Policy 5.02: Provide
Services, Shelter, and
a Pathway to
Permanent Housing
for Unhoused
Residents.

5.B
Packet Pg. 169
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 8
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
Priority Processing for Affordable
Housing Development Projects. Affordable
housing projects receive priority review, 10
days faster than standard, with dedicated
support. Regular meetings with department
managers addresses concerns at the on-set.

This approach streamlines approvals as well
as strengthens partnerships to achieve the
City’s affordable housing goals.
57 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.

Policy 4.03: Assist
Affordable Housing
Developers.

Prioritize Affordable Housing on Public
Property. The Community Development
Department prioritized affordable housing
development on a surplus property through
the “Fremont-Decoto Land Development
Plan” (FDLDP). While grant funding was not
secured, local funds were allocated and a
qualified project manager, WestGate
Ventures, was selected in January 2024.

WestGate Ventures envisions a 2.5-year
process to entitle the site, including market
analysis, concept plan development, and
hiring technical consultants. The City aims to
maximize affordable housing, economic
return, and community benefits, while
maximizing property value through
entitlement prior to sale within 48 months.
63 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.

Policy 4.05: Pursue
Unique and
Innovative
Opportunities for
Providing Affordable
Housing.

Participate in Countywide Planning
Efforts to End Homelessness. Fremont is
actively involved in regional efforts to
address homelessness through its Homeless
Services Manager’s participation in leadership
and working groups and is currently
developing its own local Homelessness
Response Plan that aligns with county
strategies and the City’s Housing Element.

This plan, expected in May 2024, will outline
local actions to combat homelessness in
Fremont.
77 Goal 5: Address
Disparities in Access
to Housing and
Disproportionate
Housing Needs.

Policy 5.02: Provide
Services, Shelter, and
a Pathway to
Permanent Housing
for Unhoused
Residents.

Encourage Location of Case Management
and Other Supportive Services in
Affordable Housing Developments and
Housing for Seniors. The Human Services
Department encouraged location of services
to keep families housed. For instance, the
City partnered with Eden Housing to provide
on-site supportive services to approximately
400 older adults living in four senior housing
complexes. Two City Staff members provided
resource information and follow-up,
82 Goal 5: Address
Disparities in Access
to Housing and
Disproportionate
Housing Needs.

Policy 5.05: Ensure
Availability of Social
Services.

5.B
Packet Pg. 170
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 9
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
organized wellness activities, and facilitated
referrals to other HSD services including
complex case management and mental
health services support.

Review and Periodically Amend Zoning
Ordinance and Other Planning
Documents to Comply with Changes to
State Laws. In 2023, the City Council
adopted several ordinances and resolutions
to update zoning and planning documents,
aligning them with State law and
implementing programs from Fremont’s
Housing Element. Key updates included:

• Affordable Housing Ordinance: Added
a live/work preference for City-
funded projects following completion
of a residential displacement study
(Ordinance 01-2023).
• Accessory Dwelling Unit (ADU)
Ordinance: Replaced the existing
ordinance to comply with new
legislation (Ordinance 06-2023).
• Design Standards: Clarified objective
standards for housing project reviews
(Resolution 2023-52).
• Zoning and Planning Codes:

Amended various sections to
implement multiple Housing Element
programs (Ordinance 07-2023).
• Short-Term Rentals (STRs):

Established regulations for
STRs(Ordinance 01-2024).
85 Goal 6: Maintain a
Compliant Housing
Element and Zoning
Ordinance.

Policy 6.02:

Annually Review
Progress Towards
Housing Goals.

C) Additional Annual Reporting Requirements
APR Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need The City’s 2023-2031 Housing Element is required to demonstrate an ability to accommodate the 2015-2023 RHNA at the various income levels through vacant or underutilized land designated to allow residential development. Under SB 166 (2017), codified as Government Code §65863, a city must demonstrate that there is enough land identified to meet the unmet housing need at each income level prior to approving any project with fewer units by income category than identified in the housing element land inventory. If there is not sufficient land identified, then a city must identify additional sites within 180 days of approving a reduced-density project. Beginning in the CY 2018 APR, jurisdictions were required to report any sites that had been rezoned to comply with SB 166 as Table C of their APR.

5.B
Packet Pg. 171
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 10
To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, Fremont’s Housing Element Sites Inventory includes a buffer of more capacity than is required. For the lower-income categories, a buffer of approximately 15-percent has been provided. An approximate 15-percent buffer has also been provided for the moderate-income category. Since the vast majority of Fremont’s above moderate-income category is anticipated to be satisfied through pipeline projects and the risk of non-residential development or low-density residential development on inventory sites is relatively low, no buffer has been provided for the above-moderate income category.

Overall, an approximate 10-percent buffer is provided over the total RHNA.

The overall remaining unit capacity on vacant or underutilized sites listed in the 2023 -2031 Housing Element exceeds 8,000 units. Because the City has sufficient capacity under its existing zoning, to accommodate unmet housing needs in 2023, no additional land was rezoned in 2023.

APR Table D – Program Implementation Status
Pursuant to Government Code §65583, the City is required to report on the progress and status of the programs and policies included in its Housing Element. Specifically, the City needs to report on the progress made towards achieving the specific goals and objectives outlined in the Housing Element. This could include targets for increasing affordable housing units; reducing housing displacement; improving access to housing for specific groups like low-income families or people with disabilities; and/or any changes made to the City’s zoning regulations or development standards that affect the implementation of the Housing Element.

APR Table E – Commercial Development Bonus
AB 1934 (2017), codified as Government Code §65915.7, allows for commercial developers to construct additional floor area beyond the permitted floor area ratio (FAR) or utilize other concessions from the City in exchange for building affordable housing on-site, donating land for affordable housing, or making a payment to an affordable housing developer. The City of Fremont did not receive or approve any applications for a Commercial Density Bonus in 2023.

APR Table F – Units Preserved, Rehabilitated, or Acquired for Alternative Adequate Sites Pursuant to Government Code §65583.1(c), a city may only count units preserved, rehabilitated, or acquired towards its RHNA if it includes in its housing element a program that obligates sufficient available funds to make the preserved, rehabilitated, or acquired units affordable and available for occupancy within two years of its adoption. The City of Fremont does not have such a program, and therefore, does not report units preserved, rehabilitated, or acquired towards its RHNA.

APR Table G – Locally Owned Lands Included in the Housing Element Sites Inventory AB 1486 (2019), codified as Government Code §65400.1, requires jurisdictions to report in Table G of the APR any city-owned housing element inventory sites that were sold, leased,

5.B
Packet Pg. 172
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 11
or otherwise disposed of during the reporting year. The City of Fremont did not initiate any new sales, leases, or disposal of City-owned housing element inventory sites in 2023.

APR Table H – Locally Owned or Controlled Lands Declared Surplus In 2019, Governor Newsom directed the Department of General Services to conduct a comprehensive survey of all state-owned land and create a digitized inventory of all land in excess of state agencies’ foreseeable needs. AB 1255 (2020), codified as Government Code §54230, extends that mandate to cities and counties by requiring them to create their own inventory of surplus lands. The intention behind this inventory of surplus land is to identify excess government-owned property that could be used for affordable housing, homeless shelters, or other housing needs.

Beginning 2020, the APR requires that properties designated by a City as surplus lands are reported in the APR along with a description of each parcel and its current use. The City currently owns five properties that have been declared as surplus lands since 2013. These properties are reported in Table H of the APR.

APR Table K – Tenant Preference Policy Adopted
Pursuant to Government Code §7061, a local government adopting a tenant preference policy shall provide, on an annual basis to HCD, a current link to the webpage, as described in Government Code §65400(a)(2). The City’s live/work policy, adopted on January 10, 2023 via Ordinance 01-2023 is reported in Table K.

LEAP Reporting
Pursuant to Health and Safety Code §50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy, or other completed entitlements. The City received a LEAP award of $500,000, and to date, the City has submitted reimbursements requests totaling approximately $481,000. The LEAP tasks, status, and other updates are reported in Exhibit “B.” D) Status of General Plan Activities
Government Code §65400 mandates that cities and counties submit an annual report on the status of the General Plan and progress on its implementation to their legislative bodies, OPR, and HCD by April 1 of each year. The intent of this report is to demonstrate the City’s ongoing compliance with Government Codes §65300 et. seq, governing the required elements of a general plan, and provide a summary of implementation actions that have occurred within the past year. The City must submit a General Plan Annual Progress Report each year. The CY 2023 General Plan APR is attached as Exhibit “A”.

5.B
Packet Pg. 173
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 12
General Plan Amendments
Under Government Code §65358(b), no mandatory element of the General Plan may be amended more than four times per year, although each amendment may include more than one change to the General Plan. The following table lists the resolution(s) approved to authorize a General Plan Amendment in 2023.

Table 7. 2023 General Plan Amendments
Resolution Adopted By Adoption Date Summary
2023-03 City Council January 10, 2023
A General Plan amendment to update the Housing
Element of the General Plan for the period of 2023 –
2031, affirmatively further fair housing, and comply
with State housing element law.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The APR is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1. §15061(b)(3) [Review for Exemption] in that in the APR is an administrative action that has n o potential to cause a direct or indirect significant effect on the environment.

2. §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or §15162 [Subsequent EIRs and Negative Declarations] in that the APR is consistent with the p olicies 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. The APR does not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent. The APR is necessary to comply with state law.

3. §15378 [Project] in that the APR does not meet CEQA’s definition of a “project.”

ATTACHMENTS:
• Exhibit A - General Plan APR
• Exhibit B - Housing Element APR Tables
• Informational Item 1_Memo_Condominium Conversion Tracking • Informational Item 2_Draft Planning Commission Minutes • Informational Item 3_Low and Moderate Income Housing Assest Fund Annual Report

RECOMMENDATIONS:

1. Find that the APR is exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).

5.B
Packet Pg. 174
Council Staff Report (ID # 5099) Meeting of March 19, 2024 Updated: 3/15/2024 2:53 PM by Susan Gauthier Page 13

2. Accept Exhibit “A” and Exhibit “B,” which depict the status of the General Plan and Housing Element, respectively, and direct Staff to submit the required materials to OPR and HCD.

5.B
Packet Pg. 175

General Plan – Annual Progress Report
CALENDAR YEAR 2023

5.B.a
Packet Pg. 176
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

CONTENTS
Section 1. Introduction .................................................................................................................... 1 Section 2. Compliance with State Law and General Plan Guidelines ............................................ 1 Section 3. General Plan Amendments Adopted .............................................................................. 4 Section 4. Implementation Highlights by General Plan Element ................................................... 5 Section 5. Conclusion ..................................................................................................................... 6

5.B.a
Packet Pg. 177
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Section 1. Introduction
Government Code §65400 mandates that cities and counties submit an annual report on the status of the General Plan and progress on its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year. The intent of this report is to demonstrate the City’s ongoing compliance with Government Codes §65300 – 65303.4, governing the required elements of a general plan, and provide a summary of implementation actions that have occurred within the past year.

This report, which is provided for informational purposes only, details Fremont’s compliance with State law and highlights notable implementation measures that were adopted in 2023.

Table 1. City of Fremont General Plan Annual Progress Report – At a Glance Date of General Plan Adoption………………………………………… December 12, 2011 Date of Last Major Revision………………………………………….... December 2, 2014 Date of Last Minor Revision…………………………………………... March 15, 2022 Date of Annual Progress Report (APR) Presentation to City Council.... March 19, 2024 Section 2. Compliance with State Law and General Plan Guidelines The General Plan is often described as the constitution for a city’s development. It sets priorities and goals for the future, and it is the foundation on which all development decisions are based.

The City of Fremont General Plan 2030 was adopted on December 12, 2011. The City’s 2023 – 2031 H ousing Element was adopted on January 10, 2023 and certified by the California Department of Housing and Community Development (HCD) on March 22, 2023. In 2023, City Staff implemented over two dozen programs from the 2023 – 2031 Housing Element.

City of Fremont General Plan 2030
State law mandates that each city and county adopt a general plan containing at least seven “required” elements:
1) Land Use,
2) Circulation,
3) Housing,
4) Open Space,
5) Conservation,
6) Safety, and
7) Noise.

5.B.a
Packet Pg. 178
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Additional “optional” elements may be included in the general plan at the discretion of the local jurisdiction. The City of Fremont General Plan includes the seven state -mandated elements as well as seven optional elements:
1) Sustainability,
2) Community Character,
3) Economic Development,
4) Parks and Recreation,
5) Public Facilities,
6) Community Plans, and
7) Implementation.

The following table highlights how the seven required element topics are distributed in the City’s adopted general plan documents. In 2023, the City completed major revisions to one of the its general plan elements: Housing.

Table 2. Summary of the General Plan 2030
State Required Elements
City of Fremont – General Plan
Elements
Last Major
Revision
Land Use
Circulation
Housing
Conservation
Open Space
Safety
Noise
Chapter 1: Sustainability* 2011
Chapter 2. Land Use and Open Space 2011 X X
Chapter 3. Mobility 2011 X
Chapter 4. Community Character* 2011
Chapter 5. Housing 2023 X
Chapter 6. Economic Development* 2011
Chapter 7. Conservation 2011 X
Chapter 8. Parks and Recreation* 2011
Chapter 9. Public Facilities* 2011
Chapter 10. Safety and Noise 2011 X X
Chapter 11. Community Plans* 2011
Chapter 12. Implementation* 2011
* Optional Element

5.B.a
Packet Pg. 179
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Compliance with Other General Plan Regulations
In addition to reporting compliance with the seven required general plan elements, OPR’s General Plan Annual Progress Report Guidelines also suggest that jurisdictions report on consistency with recent updates to State law regarding environmental justice considerations, collaborative planning with military lands and facilities, and consultation with Native American tribes. A short description of the City’s consistency is provided below.

Environmental Justice
Senate Bill (SB) 1000, codified in Government Code §65302(h), was adopted in 2016 and requires cities that have disadvantaged communities to incorporate environmental justice policies into their general plans upon the concurrent adoption or revision of two or more elements. Government Code §65302(h)(4)(A) defines “disadvantaged communities” as an area that:
1) Has been identified by the California Environmental Protection Agency (CalEPA) pursuant to Health and Safety Code §39711 as being disadvantaged based on geographic, socioeconomic, public health, and environmental hazard criteria; or 2) Is a low -income area that i s disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.

Based on the information provided on the CalEnviroScreen Data Dashboard 1 as well as CalEPA’s
SB 535 Disadvantaged Communities (2022 Update) map 2, the City of Fremont does not contain any disadvantaged communities per the definition contained in SB 1000. In addition, the City of Fremont did not concurrently adopt or revise two or more elements of its General Plan , and therefore, the City is not required to incorporate environmental justice policies into its general plan. However, the City has adopted an environmental justice policy in its Land Use Element to ensure that no single neighborhood or population group is disproportionately impacted by environmental burdens. The City requires special study of environmental hazards when reviewing sensitive uses such as housing, schools, and assembly uses that are proposed near hazardous material users or sources of pollution.

Military Lands and Facilities
Various State laws, including SB 1468, AB 1108, and AB 1462, now require local governments to notify and coordinate with the military when the proposed action has a potential to affect a military installation, special use airspace, or low -level flight path. The City of Fremont does not contain any military facilities, nor does it have any land under its jurisdiction that is within 1,000 feet of a military installation, beneath a low -level flight path, or within a special use area that would require notification of the military during the development review process or general plan update process.

1 https://experience.arcgis.com/experience/6b863505f9454cea802f4be0b4b49d62/ 2 https://experience.arcgis.com/experience/1c21c53da8de48f1b946f3402fbae55c/page/SB -535-Disadvantaged- Communities/

5.B.a
Packet Pg. 180
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Native American Consultation
AB 52, enacted in 2015, significantly expanded tribal consultation requirements under the California Environmental Quality Act (CEQA). This reform established a structured framework for California’s indigenous communities to meaningfully contribute to protecting their cultural heritage during the environmental review process. AB 52 revised several portions of California’s Public Resources Code to specify that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource, as defined, is a project that may have a significant effect on the environment. When the City is the lead agency for a project, it must begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requests consultation.

The City of F remont has incorporated the notification requirements of AB 52 into its Standard Development Requirements to Address Resource Protection, which are provided in Fremont Municipal Code (FMC) Chapter 1 8.218. In compliance with AB 52, t he City follows the notification procedures in the FMC when acting as the lead agency for environmental review.

Area Plans, Community Plans, and Specific Plans
The City has adopted one area plan and three community plans. The City has not adopted any specific plans. The adopted area and community plans supplement the vision, goals, and objectives contained within the general plan and serve as the tool for implementing general plan policies in the review of private development projects within a specific, smaller geographic area. The table below summarizes the City’s adopted area and community plans.

As indicated in the table below, t he City did not make any revisions to an existing area or community plan in 2023. Nor did the City adopt a new area, community, or specific plan in 2023.

Table 3. Summary of Area, Community, and Specific Plans in Fremont Area or Community Plan Date of Adoption
Date of Last
Revision
Irvington BART Station Area Plan July 2019 N/A
City Center Community Plan May 2015 N/A
Warm Springs/South Fremont Community Plan July 2014 N/A Downtown Community Plan September 2012 May 2022
Section 3. General Plan Amendments Adopted
Under Government Code §65358(b), no mandatory element of the General Plan may be amended more than four times per year, although each amendment may include more than one change to the General Plan. One resolution was adopted in 2023 authorizing a General Plan Amendment:
• Resolution No. 2023-03 – Adopted by City Council on January 10, 2023. A General Plan amendment to update the Housing Element of the General Plan for the period of 2023 – 2031, affirmatively further fair housing, and comply with State housing element law.

5.B.a
Packet Pg. 181
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Section 4. Implementation Highlights by General Plan Element The General Plan contains a broad array of implementation measures and programs with various time frames for implementation. A summary of some notable achievements completed in 2023, as well as corresponding implementation sections and/or policies, is provided below.

Sustainability Element
Fremont’s updated Climate Action Plan (CAP), titled Climate Ready Fremont, was adopted by the City Council on October 10, 2023. The City’s carbon neutrality goal forms the basis of the plan, setting Fremont on the pathway to a sustainable, vibrant, and healthy community that supports the environment. Climate Ready Fremont provides a series of local greenhouse gas (GHG) emission reduction and climate adaptation measures to be undertaken through the year 2030 and beyond. It includes a variety of measures that address Fremont’s top sources of GHG emissions, including transportation, energy, and waste. Some of the key community-level measures include promoting clean power for residents and businesses; investing in electric vehicle charging infrastructure and encouraging the use of electric vehicles; requiring green building for new construction; reducing plastic waste; and promoting active transportation options like biking and walking.

In addition to reducing emissions, Climate Ready Fremont also includes measures that build community resilience to prepare for and adapt to the impacts of climate change, such as extreme heat events and sea level rise.
• See “Reducing Emissions” and “Energy Conservation and Renewable Energy” sections of the Sustainability Element.

Mobility Element
In Summer 2023, the City commenced work on its Active Transportation Plan (ATP). The ATP is a planning-level document that focuses on improving access, safety, and comfort for roadway users using active modes of transportation. The City’s new ATP will establish a set of active transportation strategies, infrastructure projects, programs, and investment guidance for the next five years, ultimately continuing the City’s overall mission of developing its infrastructure to be safe, convenient, connected, and comfortable for bicyclists and pedestrians of all ages. The ATP is targeted to be reviewed by the City Council for adoption in Spring 2024. • See Mobility Element Policy 3-1.1: Complete Streets.
• See Mobility Element Policy 3-1.4: Walking, Bicycling, and Public Health. • See Mobility Element Policy 3-1.5: Improving Pedestrian and Bicycle Circulation. • See Mobility Element Policy 3-1.6: Pedestrian and Bicycle Safety. • See Mobility Element Policy 3-1.7: Sidewalks.

Housing Element
On January 10, 2023, the Fremont City Council voted unanimously to adopt the 2023–2031 Housing Element for Fremont. On March 22, 2023, the State Department of Housing and Community Development (HCD) certified Fremont’s updated 2023 – 2031 Housing Element.

Exhibit “B”, to the 2023 Housing Element Annual Progress Report provides a comprehensive update of dwelling units produced and Housing Element Implementation Programs.

5.B.a
Packet Pg. 182
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element)

Safety Element
On March 21, 2023, the Fremont City Council adopted Ordinance 03-2023 to facilitate amendments to the City’s Flood Damage Prevention Ordinance in accordance with FEMA requirements, and t o ensure the City can continue to meet National Flood Insurance Program requirements and participate in FEMA’s Community Rating System program. • See Safety Element Policy 10-3.1: Limit Construction in Floodplain.

Section 5. Conclusion
Staff submitted this 2023 General Plan Annual Progress Report to the City Council for review and acceptance on March 19, 2024. The report will subsequently be submitted to the Governor’s Office of Planning and Research and California Department of Housing and Community Devel opment, in compliance with statutory requirements.

5.B.a
Packet Pg. 183
Attachment: Exhibit A - General Plan APR (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) Jurisdiction Fremont
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 20
Non-Deed
Restricted 24
Deed Restricted 79
Non-Deed
Restricted 24
Deed Restricted 0
Non-Deed
Restricted 24
169
340
Units by Structure Type Entitled Permitted Completed
Single-family Attached 4 37 0
Single-family Detached 7 21 2
2 to 4 units per structure 0 8 4
5+ units per structure 92 194 252
Accessory Dwelling Unit 89 80 14
Mobile/Manufactured Home 0 0 0
Total 192 340 272
Infill Housing Developments and Infill Units Permitted # of Projects Units 136 340
00 170
836
80 0
2 1
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Summary: 1/2

5.B.b
Packet Pg. 184
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 35 (2017) 00
Ministerial and Discretionary Applications # of Applications Units Ministerial 160 165
Discretionary 10 671
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 4 Number of Units in Applications Submitted Requesting a Density Bonus 445 Number of Projects Permitted with a Density Bonus 1
Number of Units in Projects Permitted with a Density Bonus 100 Housing Element Programs Implemented and Sites Rezoned Count 94 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
Summary: 2/2

5.B.b
Packet Pg. 185
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 513 061001100 513 061001100 43559 Ellsworth
St
Lew/Yu Bo Zhang
ADU
CCR2023-
00073
ADU R
1/2/2023
1 1 NONE No N/A Pending Ministerial
519 120402400 519 120402400 645 Venus Ct Trinh, Vinh - New Detached ADU
CCR2023-
00075
ADU R
1/3/2023
1 1 NONE No N/A Pending Ministerial
525 012501800 525 012501800 41026 Pajaro Dr Avuthu, Subba - Detached ADU
CCR2023-
00076
ADU R
1/3/2023
1 1 NONE No N/A Pending Ministerial
519 166402200 519 166402200 95 Kootenai Dr Cao, Hien -
Detached ADU
CCR2023-
00081
ADU R
1/9/2023
1 1 NONE No N/A Pending Ministerial
543 038412100 543 038412100 4671 Capitan Dr Zhang, Haojie - Detached ADU
CCR2023-
00082
ADU R
1/9/2023
1 1 NONE No N/A Pending Ministerial
501 163501902 501 163501902 38142 Fremont
Blvd
Wang, Xun -
Detached ADU
CCR2023-
00083
ADU R
1/9/2023
1 1 NONE No N/A Pending Ministerial
0 525 062800800 525 062800800 3648 Main St Yeligati, Prem - Detached ADU
CCR2023-
00086
ADU R
1/10/2023
1 1 NONE No N/A Approved Ministerial
525 163408900 525 163408900 43166
Continental Dr
Au, Gene -
Detached ADU
CCR2023-
00088
ADU R
1/12/2023
1 1 NONE No N/A Pending Ministerial
501 179703700 501 179703700 35957 Dering Pl Kavanaugh, William - Detached ADU
CCR2023-
00090
ADU R
1/12/2023
1 1 NONE No N/A Pending Ministerial
525 126102000 525 126102000 43274 Arkwood
St
Neela, Deepa -
Attached Garage
ADU Conversion
CCR2023-
00094
ADU R
1/17/2023
1 1 NONE No N/A Pending Ministerial
501 061307500 501 061307500 37675
Mosswood Dr
Singh, Sukhdev -
Attached ADU
CCR2023-
00097
ADU R
1/20/2023
1 1 NONE No N/A Pending Ministerial
513 070705400 513 070705400 588 Festivo Ct Lee, Ching - Detached ADU
CCR2023-
00099
ADU R
1/23/2023
1 1 NONE No N/A Pending Ministerial
525 164603300 525 164603300 42537 Hamilton
Way
Chan, Timothy -
Detached ADU
CCR2023-
00101
ADU R
1/24/2023
1 1 NONE No N/A Pending Ministerial
525 097303400 525 097303400 4953 Omar St Au, Chi - Garage Conversion ADU
CCR2023-
00105
ADU R
1/25/2023
1 1 NONE No N/A Pending Ministerial
543 040704000 543 040704000 33240 Pheasant
St
Do, Hoa - Detached
ADU
CCR2023-
00109
ADU R
1/30/2023
1 1 NONE No N/A Pending Ministerial
531 001000801 531 001000801 38822 Farwell
Dr
Prime Farwell LLC -
ADU
CCR2023-
00112
ADU R
2/1/2023
2 2 NONE No N/A Pending Ministerial
543 035210000 543 035210000 3853 Jenkinson
Lake Way
Pradhan, Narayan -
Detached ADU
CCR2023-
00114
ADU R
2/6/2023
1 1 NONE No N/A Pending Ministerial
507 040203300 507 040203300 38822 Litchfield
Cir
Jones, Dianne -
ADU Conversion
CCR2023-
00116
ADU R
2/7/2023
1 1 NONE No N/A Pending Ministerial
501 093000707 501 093000707 38863 Fremont
Blvd
Sharma, Seema -
Detached ADU #1
CCR2023-
00118
ADU R
2/8/2023
2 2 NONE No N/A Pending Ministerial
501 010904600 501 010904600 4531 San Juan
Ave
Xie, Lingfeng -
Detached ADU
CCR2023-
00122
ADU R
2/10/2023
1 1 NONE No N/A Pending Ministerial
501 035507000 501 035507000 5026 Morris
Way Zhu, Haijun - JADU CCR2023-
00126
ADU R
2/24/2023
1 1 NONE No N/A Pending Ministerial
JADU
543 040201100 543 040201100 3041 Wolsey Pl Chang, Jonathan - Detached ADU
CCR2023-
00129
ADU R
2/28/2023
1 1 NONE No N/A Pending Ministerial
519 145406700 519 145406700 44558 Mesquite
Ct
Chan, Robert -
Detached ADU
CCR2023-
00131
ADU R
3/2/2023
1 1 NONE No N/A Pending Ministerial
501 070400100 501 070400100 4250 Central
Ave
Salwan, Dharam -
Attached ADU
Conversion
CCR2023-
00132
ADU R
3/3/2023
1 1 NONE No N/A Pending Ministerial
525 060501210 525 060501210 41401 Roberts
Ave
Sharma, Seema -
Detached ADU -1 &
2 CCR2023-
00133
ADU R
3/3/2023
2 2 NONE No N/A Pending Ministerial
525 060501207 525 060501207 3843 Carol Ave Sharma, Seema - Carol Avenue ADU-
CCR2023-
00134
ADU R
3/3/2023
2 2 NONE No N/A Pending Ministerial
501 004211700 501 004211700 4287 Alder Ave Narayan NSFD and ADU
CCR2023-
00137
ADU R
3/3/2023
1 1 NONE No N/A Pending Ministerial
Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Table A: 1/7

5.B.b
Packet Pg. 186
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
543 043509700 543 043509700 33881 Capulet
Cir
Carpio, Veronica -
New Attached ADU
CCR2023-
00140
ADU R
3/13/2023
1 1 NONE No N/A Pending Ministerial
543 025208600 543 025208600 4565 Santee Rd Racha, Vamsi - Detached ADU
CCR2023-
00142
ADU R
3/13/2023
1 1 NONE No N/A Pending Ministerial
501 096507300 501 096507300 4347 Bidwell Dr JMIL Golden Trust - Attached ADU
CCR2023-
00152
ADU R
4/11/2023
1 1 NONE No N/A Pending Ministerial
525 023704900 525 023704900 41579 Paseo
Padre Pkwy
Mehta, Vinod -
Attached ADU
CCR2023-
00155
ADU R
4/14/2023
1 1 NONE No N/A Pending Ministerial
519 166806000 519 166806000
1786 Mandan Pl
Krishnamurthi,
Karthik Rishi -
Remodel/Addition/D
etached ADU
CCR2023-
00158
ADU R
4/18/2023
1 1 NONE No N/A Pending Ministerial
513 072503000 513 072503000 43547
Southerland
Way
Amin, Masood -
Attached ADU
CCR2023-
00161
ADU R
4/21/2023
1 1 NONE No N/A Pending Ministerial
519 120501600 519 120501600 48213
Cottonwood St Cottonwood - ADU CCR2023-
00166
ADU R
4/26/2023
1 1 NONE No N/A Pending Ministerial
525 111405000 525 111405000 41444
Malcolmson St
Wang, Jingyi -
JADU (Garage
CCR2023-
00169
ADU R
5/1/2023
1 1 NONE No N/A Pending Ministerial
JADU
501 040102300 501 040102300 37182 Blacow
Rd
Nguyen, Vu - JADU
(garage conversion)
CCR2023-
00170
ADU R
5/2/2023
1 1 NONE No N/A Pending Ministerial
JADU
513 070701400 513 070701400
43657 Excelso
Dr
Rajannagowda
Residence - ADU
(Basement
Conversion)
CCR2023-
00173
ADU R
5/5/2023
1 1 NONE No N/A Pending Ministerial
501 081605400 501 081605400 38059 Granville
Dr
Flores, Gabriel -
Detached ADU
CCR2023-
00176
ADU R
5/8/2023
1 1 NONE No N/A Pending Ministerial
513 072703200 513 072703200 460 Revere Ter Thakur, Roop - Detached ADU
CCR2023-
00177
ADU R
5/8/2023
1 1 NONE No N/A Pending Ministerial
507 078304400 507 078304400 1339 Kruger
Ave
Lising, Avelino -
Attached ADU
CCR2023-
00180
ADU R
5/17/2023
1 1 NONE No N/A Pending Ministerial
525 097405100 525 097405100 4764 Stratford
Ave
Zimbrick, Charles -
Attached ADU
CCR2023-
00184
ADU R
5/30/2023
1 1 NONE No N/A Pending Ministerial
525 120100602 525 120100602 41467 Fremont
Blvd
Rosati, Christopher -
Detached ADU
CCR2023-
00185
ADU R
5/31/2023
1 1 NONE No N/A Pending Ministerial
507 078702400 507 078702400 38937 Altura St Zhou, Mo - Attached ADU
CCR2023-
00188
ADU R
6/7/2023
1 1 NONE No N/A Pending Ministerial
543 040602200 543 040602200 32942 Bluebird
Loop
Pathakkam,
Gunasekaran -
Detached ADU
CCR2023-
00190
ADU R
6/9/2023
1 1 NONE No N/A Pending Ministerial
501 180200900 501 180200900 3142 Dee Ct Choi, Rachel -
Manufactured ADU
CCR2023-
00191
ADU R
6/12/2023
1 1 NONE No N/A Pending Ministerial
525 023101600 525 023101600
1308 Austin St
Shaikh, Riyaz -
Attached 2nd Story
ADU
CCR2023-
00192
ADU R
6/16/2023
1 1 NONE No N/A Pending Ministerial
531 002806400 531 002806400 4881 Wheeler
Dr Ng, Kwan - JADU CCR2023-
00193
ADU R
6/20/2023
1 1 NONE No N/A Pending Ministerial
JADU
525 010503204 525 010503204 623 Driscoll Rd Kiran, Ravi - Garage Conversion to ADU
CCR2023-
00194
ADU R
6/20/2023
1 1 NONE No N/A Pending Ministerial
507 078508000 507 078508000 38744 Cherry
Ln
Joshi, Bhavik -
Detached ADU
CCR2023-
00197
ADU R
6/21/2023
1 1 NONE No N/A Pending Ministerial
513 070406500 513 070406500 43250 Paseo
Padre Pkwy
Bhatia, Jugnu -
Attached ADU
CCR2023-
00198
ADU R
6/22/2023
1 1 NONE No N/A Pending Ministerial
543 039004100 543 039004100 35126 Cabral Dr Karishma, Panjwani - JADU
CCR2023-
00202
ADU R
6/26/2023
1 1 NONE No N/A Pending Ministerial
JADU
525 096411800 525 096411800 4491 Cahill St Verma, Kamaljeet - Detached ADU
CCR2024-
00007
ADU R
7/10/2023
1 1 NONE No N/A Pending Ministerial
Table A: 2/7

5.B.b
Packet Pg. 187
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
501 055613500 501 055613500 4661 Deadwood
Dr
Arshad, Burhan -
Detached ADU
CCR2024-
00011
ADU R
7/14/2023
1 1 NONE No N/A Pending Ministerial
525 047703300 525 047703300 1818 Berry Ct Ameri, Mahmoud - NSFD
CCR2024-
00015
SFD O
7/17/2023
1 1 NONE No N/A Pending Ministerial
501 040002100 501 040002100 37018 Blacow
Rd
Divakaran, Rejeev -
Detached ADU
CCR2024-
00016
ADU R
7/17/2023
1 1 NONE No N/A Pending Ministerial
519 145301800 519 145301800 2091 Arbutus Ct Wong, Wai - Garage conversion to ADU
CCR2024-
00017
ADU R
7/18/2023
1 1 NONE No N/A Pending Ministerial
507 003500400 507 003500400 35936 Niles
Blvd
Ogirobbins, Ton-
NSFD
CCR2024-
00018
SFD O
7/19/2023
1 1 NONE No N/A Pending Ministerial
507 026002200 507 026002200 37483 Second
St
Jacobs, David -
Detached ADU
CCR2024-
00021
ADU R
7/25/2023
1 1 NONE No N/A Pending Ministerial
513 030505400 513 030505400 44301 Hunter
Ter
Singh, Jadwinder -
JADU Conversion
CCR2024-
00023
ADU R
7/26/2023
1 1 NONE No N/A Pending Ministerial
JADU
513 047502400 513 047502400 571 Olive Ave Cheng, Lerong - Attached ADU
CCR2024-
00031
ADU R
7/31/2023
1 1 NONE No N/A Pending Ministerial
525 127013400 525 127013400 4032 Doane St Venkataswamy, Martha - JADU
CCR2024-
00032
ADU R
7/31/2023
1 1 NONE No N/A Pending Ministerial
JADU
525 035105502 525 035105502 2766
Washington
Blvd
Lucero, Ernest -
Detached ADU
CCR2024-
00033
ADU R
7/31/2023
1 1 NONE No N/A Pending Ministerial
501 075100100 501 075100100
4304 Lorren Dr
Anandan,
Karunanithi -
Addition/Conversion
to Attached ADU
CCR2024-
00036
ADU R
7/31/2023
1 1 NONE No N/A Pending Ministerial
543 041819600 543 041819600 4259 Nerissa
Cir
Viswanathan,
Murugesan -
Detached ADU
CCR2024-
00037
ADU R
8/1/2023
1 1 NONE No N/A Pending Ministerial
525 023705400 525 023705400 41546 Higgins
Way
Islam, Ali - Detached
ADU
CCR2024-
00038
ADU R
8/4/2023
1 1 NONE No N/A Pending Ministerial
543 043403500 543 043403500
34224 Angus Ct
Ganesh, Arvind -
Garage Conversion
to JADU
CCR2024-
00042
ADU R
8/8/2023
1 1 NONE No N/A Pending Ministerial
JADU
513 072303700 513 072303700 43628 Skye Rd Wang, Shihhao - JADU
CCR2024-
00047
ADU R
8/11/2023
1 1 NONE No N/A Pending Ministerial
JADU
531 021505200 531 021505200 5666 Turban Ct Sethia, Prashant - Detached ADU
CCR2024-
00049
ADU R
8/17/2023
1 1 NONE No N/A Pending Ministerial
525 126201600 525 126201600 43433
Gatewood St
Cai, Xiao Hong -
ADU Conversion
CCR2024-
00051
ADU R
8/21/2023
1 1 NONE No N/A Pending Ministerial
543 034602600 543 034602600 33119 Lake
Mead Dr
Pabla, Inderpal -
ADU Conversion
CCR2024-
00052
ADU R
8/21/2023
1 1 NONE No N/A Pending Ministerial
543 038701400 543 038701400
4665 Diaz Dr
Kalimuthu, Sasi -
Garage conversion
to JADU
CCR2024-
00053
ADU R
8/21/2023
1 1 NONE No N/A Pending Ministerial
JADU
519 119901400 519 119901400
315 Camphor
Ave
Dasari,
Satyanarayana -
Second Story
Addition/Alteration
CCR2024-
00057
ADU R
8/23/2023
1 1 NONE No N/A Pending Ministerial
501 045607400 501 045607400 4636 Alameda
Dr
Shah, Mittal -
Garage Conversion
to ADU
CCR2024-
00060
ADU R
8/29/2023
1 1 NONE No N/A Pending Ministerial
525 111805701 525 111805701
41168 Ellen Ct
Jagarlamudi,
Ravikiran -
Detached ADU
CCR2024-
00061
ADU R
8/30/2023
1 1 NONE No N/A Pending Ministerial
513 073805701 513 073805701 211 Meadows
Ct
Prasad, Vivek -
Detached ADU &
Workshop
CCR2024-
00063
ADU R
8/31/2023
1 1 NONE No N/A Pending Ministerial
Table A: 3/7

5.B.b
Packet Pg. 188
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
501 008000200 501 008000200 4520 Portola Dr Zhao, Tianyu - Detached ADU
CCR2024-
00069
ADU R
9/8/2023
1 1 NONE No N/A Pending Ministerial
501 064113900 501 064113900 38840 Blacow
Rd
Kumar, Mohan -
Garage Conversion
CCR2024-
00071
ADU R
9/8/2023
1 1 NONE No N/A Pending Ministerial
525 160507600 525 160507600 43343
Charleston Way
Pothula, Sirisha -
Attached ADU
CCR2024-
00073
ADU R
9/11/2023
1 1 NONE No N/A Pending Ministerial
531 000305400 531 000305400 38618 Farwell
Dr
Alka Madan -
Legalize Detached
ADU & Fence
CCR2024-
00076
ADU R
9/14/2023
1 1 NONE No N/A Pending Ministerial
525 096508300 525 096508300 4512 Val St Vemula Sudheer - Detached ADU
CCR2024-
00077
ADU R
9/14/2023
1 1 NONE No N/A Pending Ministerial
519 119207400 519 119207400 312 Lippert Ave Zhang, Shouyong - Detached ADU
CCR2024-
00080
ADU R
9/18/2023
1 1 NONE No N/A Pending Ministerial
525 130207100 525 130207100 4978
Yellowstone
Park Dr
Dash, Nikhil &
Anjana - Attached
ADU
CCR2024-
00081
ADU R
9/18/2023
1 1 NONE No N/A Pending Ministerial
525 064102000 525 064102000 3580 Union St Kong, Jackson - Dethatched ADU
CCR2024-
00082
ADU R
9/19/2023
1 1 NONE No N/A Pending Ministerial
513 060902700 513 060902700 43393 Mission
Blvd
Kahal, Neeraj -
JADU
CCR2024-
00085
ADU R
9/25/2023
1 1 NONE No N/A Pending Ministerial
JADU
525 060500500 525 060500500 3680 Adams
Ave
Folger, Kirk -
Detached ADU
CCR2024-
00086
ADU R
9/25/2023
1 1 NONE No N/A Pending Ministerial
525 126205600 525 126205600
4261 Crestwood
St
Ling, Haiguan -
Attached ADU &
Second Story
Addition
CCR2024-
00089
ADU R
9/27/2023
1 1 NONE No N/A Pending Ministerial
513 073203900 513 073203900 760 Chantecler
Dr
Prahlad, Prashanth -
Detached ADU
CCR2024-
00090
ADU R
9/28/2023
1 1 NONE No N/A Pending Ministerial
501 073107000 501 073107000 4222 Central
Ave
Da Costa Castle
Apartments - BLDG
1 Detached ADU
CCR2024-
00092
ADU R
9/29/2023
1 1 NONE No N/A Pending Ministerial
501 064602300 501 064602300 4609 Mattos Dr Pham, Yen -
Detached ADU
CCR2024-
00094
ADU R
10/2/2023
1 1 NONE No N/A Pending Ministerial
525 083312800 525 083312800 40159 Leslie St Robert & Melanie Kinchen - JADU
CCR2024-
00097
ADU R
10/5/2023
1 1 NONE No N/A Pending Ministerial
525 083301200 525 083301200 40129 Spady St Pawar, Vinayak - JADU & Carport
CCR2024-
00099
ADU R
10/6/2023
1 1 NONE No N/A Pending Ministerial
531 021708200 531 021708200 4963 Tenor Ct Chopra, Kapil - Attached ADU
CCR2024-
00100
ADU R
10/9/2023
1 1 NONE No N/A Pending Ministerial
543 035211100 543 035211100 32535 Lake
Bridgeport St
Ali, Barkat - Second
Story ADU
CCR2024-
00101
ADU R
10/10/2023
1 1 NONE No N/A Pending Ministerial
507 016000600 507 016000600
38006 Vallejo St
Evelyn Li Family
Partners LP -
Detached ADU
CCR2024-
00102
ADU R
10/11/2023
1 1 NONE No N/A Pending Ministerial
513 050602600 513 050602600 43032 Gallegos
Ave
Yu Meeling & Lin
Hsinchuen -
Detached ADU
CCR2024-
00104
ADU R
10/12/2023
1 1 NONE No N/A Pending Ministerial
525 127308400 525 127308400 42929
Applewood St
Telkala, Bhaskar -
JADU
CCR2024-
00106
ADU R
10/16/2023
1 1 NONE No N/A Pending Ministerial
501 073107000 501 073107000 4222 Central
Ave
Da Costa Castle
Apartments - BLDG
2 Detached ADU
CCR2024-
00107
ADU R
10/17/2023
1 1 NONE No N/A Pending Ministerial
543 042204200 543 042204200 33648 Bardolph
Cir
Nandam, Narendra -
ADU (Garage
Conversion)
CCR2024-
00109
ADU R
10/19/2023
1 1 NONE No N/A Pending Ministerial
531 021701400 531 021701400 5388 Trio Ct Palmeri Winnie - Attached ADU
CCR2024-
00111
ADU R
10/23/2023
1 1 NONE No N/A Pending Ministerial
Table A: 4/7

5.B.b
Packet Pg. 189
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
525 160505900 525 160505900 43272 Columbia
Ave
Trieu, An T - Garage
Conversion to JADU
CCR2024-
00113
ADU R
10/27/2023
1 1 NONE No N/A Pending Ministerial
519 119601400 519 119601400 701 Covina
Way
Chung Jonathan &
Stella - Addition/
Attached ADU
CCR2024-
00114
ADU R
10/31/2023
1 1 NONE No N/A Pending Ministerial
507 032001000 507 032001000
321 I St
Lebeck TRS -
Detached ADU
(Garage
CCR2024-
00119
ADU R
11/9/2023
1 1 NONE No N/A Pending Ministerial
501 040401700 501 040401700 37106 Dondero
Way
Blanca, Ronald -
New Detached ADU
CCR2024-
00120
ADU R
11/13/2023
1 1 NONE No N/A Pending Ministerial
501 064207200 501 064207200 4906 Eggers Dr Pang, Yujiang - Detached ADU
CCR2024-
00123
ADU R
11/13/2023
1 1 NONE No N/A Pending Ministerial
519 166311600 519 166311600 373 Pagosa
Way
Joshi, Milind -
Garage Conversion
to ADU
CCR2024-
00125
ADU R
11/17/2023
1 1 NONE No N/A Pending Ministerial
525 100200400 525 100200400 40431
Blanchard St
Hardageri, Vamshi -
New JADU
CCR2024-
00126
ADU R
11/21/2023
1 1 NONE No N/A Pending Ministerial
525 164308600 525 164308600 42524 Gage Ct Mishra Amit & Jolly - Detached ADU
CCR2024-
00129
ADU R
11/22/2023
1 1 NONE No N/A Pending Ministerial
525 023308700 525 023308700 41694 Paseo
Padre Pkwy
Ge, David -
Detached ADU
CCR2024-
00130
ADU R
11/27/2023
1 1 NONE No N/A Pending Ministerial
501 022110200 501 022110200 36543 Bosworth
Ct
Mary Eileen Rupp
Trust - JADU
CCR2024-
00132
ADU R
11/28/2023
1 1 NONE No N/A Pending Ministerial
501 095906400 501 095906400 39337 Logan Dr Yang, Yaodong - Detached ADU
CCR2024-
00133
ADU R
11/28/2023
1 1 NONE No N/A Pending Ministerial
501 011504900 501 011504900 35940 Perkins
St
Liu Weifeng &
Huiping - Attached
ADU
CCR2024-
00134
ADU R
11/28/2023
1 1 NONE No N/A Pending Ministerial
525 066102402 525 066102402 3719 Union St Scott, Linda - Detached ADU
CCR2024-
00135
ADU R
11/29/2023
1 1 NONE No N/A Pending Ministerial
519 144900400 519 144900400 44413 Seminole
Ter
Patel, Barbubhai -
Detached ADU
CCR2024-
00136
ADU R
12/1/2023
1 1 NONE No N/A Pending Ministerial
525 126104000 525 126104000 43304 Arkwood
St
Mak, Joseph -
Attached ADU
CCR2024-
00139
ADU R
12/4/2023
1 1 NONE No N/A Pending Ministerial
543 040003100 543 040003100 33896 Rowland
Dr
Vadiwala,
Mehernosh -
Attached ADU
CCR2024-
00140
ADU R
12/4/2023
1 1 NONE No N/A Pending Ministerial
507 021400200 507 021400200
115 Hillview Dr
Sheridan Norman &
Kristen - Detached
ADU
CCR2024-
00141
ADU R
12/4/2023
1 1 NONE No N/A Pending Ministerial
531 001104200 531 001104200 4826 Mowry
Ave
Kondakindi, Deepthi -
Detached ADU
CCR2024-
00142
ADU R
12/5/2023
1 1 NONE No N/A Pending Ministerial
519 145201600 519 145201600 44865 Camellia
Dr
Jain Sanjeev &
Shweta - Detached
ADU
CCR2024-
00145
ADU R
12/6/2023
1 1 NONE No N/A Pending Ministerial
525 160400700 525 160400700 42819 Hamilton
Way
Maung, Susan -
Attached ADU
CCR2024-
00146
ADU R
12/7/2023
1 1 NONE No N/A Pending Ministerial
525 163408500 525 163408500 43236 Newport
Dr
Devarasetti,
Venkata - Detached
CCR2024-
00147
ADU R
12/8/2023
1 1 NONE No N/A Pending Ministerial
531 001204600 531 001204600 4783 Phelan
Ave
Bagmar & Singhvi
TRS - Attached ADU
& Addition
CCR2024-
00148
ADU R
12/12/2023
1 1 NONE No N/A Pending Ministerial
525 127005500 525 127005500 43425 Fremont
Blvd
Rodriguez vera,
Mayra - Addition/
Attached ADU
CCR2024-
00153
ADU R
12/21/2023
1 1 NONE No N/A Pending Ministerial
519 166601600 519 166601600 1601 Curtner
Rd
Sawal, Dinesh -
Detached ADU
CCR2024-
00154
ADU R
12/22/2023
1 1 NONE No N/A Pending Ministerial
Table A: 5/7

5.B.b
Packet Pg. 190
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
525 020204300 525 020204300 41351 Erma
Ave

THIRUVEEDHULA
ERMA FREMONT PLN2022-00317 SFD O
10/12/2023
1 1 1 NONE No N/A Approved Ministerial
543 031202200 543 031202200 34237 Auckland
Pl
Gupta, Sumit -
Attached ADU PLN2023-00020 ADU R
2/27/2023
1 1 NONE No N/A Pending Ministerial
525 020208800 525 020208800 41214 Erma
Ave Chan, Alan - NSFR PLN2023-00045 SFD O
1/18/2023
1 1 1 NONE No N/A Approved Ministerial
519 119701900 519 119701900 47819 Maya St New Home on Maya PLN2023-00133 SFD O 1/26/2023
1 1 1 NONE No N/A Approved Ministerial
507 030001000 507 030001000 185 J Street Second & J, Mixed Use Building PLN2023-00205 2 to 4 O
11/8/2023
1 1 NONE No N/A Pending Discretionary
Part of PLN2023-00205; h
507 030001000 507 030001000 185 J Street Second & J, Mixed Use Building PLN2023-00205 2 to 4 R
11/8/2023
1 1 NONE No N/A Pending Discretionary
Part of PLN2023-00205; h
519 171900400 519 171900400 4450 Saint
Francis Terrace Liang Residence PLN2023-00206 SFD O
1/31/2023
1 1 1 NONE No N/A Approved Ministerial
ADU reported separately f
519 171900400 519 171900400 4450 Saint
Francis Terrace Liang ADU PLN2023-00206 ADU R
1/31/2023
1 1 1 NONE No N/A Approved Ministerial
PUD reported separately f
513 061003900 513 061003900 43512 Ellsworth
St Mission Oak PLN2023-00220 5+ R
3/8/2023
3 21 24 NONE No N/A Pending Discretionary
501 053602103 501 053602103 37447 Fremont
Blvd
Veranda Mixed-Use
Project - Main Units PLN2023-00221 5+ O
6/30/2023
6 3 51 60 60 SB 35 (2017) Yes Yes Approved Discretionary Project ADUs reported as
501 053602103 501 053602103 37447 Fremont
Blvd
Veranda Mixed-Use
Project - ADUs PLN2023-00221 ADU R
6/30/2023
8 8 8 NONE No N/A Approved Discretionary
Project PDUs reported as
519 166200400 519 166200400 47000 Ocotillo
Ct
Park - Detached
ADU PLN2023-00228 ADU R
3/10/2023
1 1 NONE No N/A Pending Ministerial
507 064502700 507 064502700 146 Sycamore
Street
146 Sycamore
Street - NSFD PLN2023-00229 SFD O
8/31/2023
1 1 NONE No N/A Pending Ministerial
ADU reported separately f
507 064502700 507 064502700 146 Sycamore
Street
146 Sycamore
Street - ADU PLN2023-00229 ADU R
8/31/2023
1 1 NONE No N/A Pending Ministerial
PDU reported separately f
513 074601700 513 074602000 830 Hunter Ln RAMAMOOTHY
RESIDENCE PLN2023-00235 SFD O
3/20/2023
1 1 NONE No N/A Pending Ministerial
525 023301600 525 023301600 1086 Plymouth
Ave Zhu ADU PLN2023-00237 ADU R
4/21/2023
1 1 1 NONE No N/A Approved Ministerial
507 011500201 507 011501100 35796 Mission
Boulevard Huynh Residence PLN2023-00238 SFD O
12/19/2023
1 1 NONE No N/A Pending Ministerial
543 042803800 543 042803800 34925 Oyster
Bay Ter Huff, Alex - ADU PLN 2023-00248 ADU R
4/5/2023
1 1 1 NONE No N/A Approved Ministerial
543 025600100 543 025600100 4092 Decoto Rd Sakoon Homes PLN2023-00255 5+ O 7/12/2023
12 12 NONE No N/A Pending Discretionary
501 113005400 501 113005400 39039 Paseo
Padre Pkwy
Deccan Pacific
Mixed Use Project PLN2023-00262 5+ R
6/1/2023
180 180 NONE No N/A Pending Discretionary
513 040102403 513 040102403 125 Telles Ln Taunk, Dale - ADU and Renovation PLN2023-00267 ADU R
5/4/2023
1 1 NONE No N/A Pending Ministerial
501 127805000 501 127805000 38134 Temple
Way
Temple Peralta SB
330 Development
Application
PLN2023-00270
SFD O
6/9/2023
3 1 23 27 NONE Yes N/A Pending Discretionary
11 waivers requested.
543 038501800 543 038501800 4530 Bianca Dr Kolluru, Arvind - Addition/ADU PLN2023-00272 ADU R
5/23/2023
1 1 1 NONE No N/A Approved Ministerial
507 010002300 507 010002300 38 Duarte
Avenue Bassi Residence PLN2023-00278 SFD O
7/12/2023
1 1 1 NONE No N/A Approved Ministerial
ADU reported separately f
507 010002300 507 010002300 38 Duarte
Avenue
Bassi Residence -
ADU PLN2023-00278 ADU R
7/12/2023
1 1 1 NONE No N/A Approved Ministerial
543 041203702 543 041203702 33245 Alvarado
Blvd
SB9 Lot Split - New
Home PLN2023-00296
SFD O
6/30/2023
1 1 SB 9 (2021) -
Residential Lot
Split
No N/A Pending Ministerial
PDU reported separately f
543 041203702 543 041203702 33245 Alvarado
Blvd SB9 Lot Split - ADU PLN2023-00296
ADU R
6/30/2023
1 1 SB 9 (2021) -
Residential Lot
Split
No N/A Pending Ministerial
ADU reported separately f
Table A: 6/7

5.B.b
Packet Pg. 191
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 124 0 197 0 50 0 465 836 80 0 Table A
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
513 072600100 513 072600100 44175 Mission
Boulevard
44175 Mission -
DRL PLN2024-00007 ADU R
12/12/2023
1 1 NONE No N/A Pending Ministerial
501 142603500 501 142603500 3900 Thornton
Ave
3900 Thornton
Affordable Housing PLN2024-00010 5+ R
8/17/2023
121 6 1 128 SB 35 (2017) Yes N/A Pending Discretionary
The project also comprises
525 128308100 525 128308100 4283 Bora Bora
Ave Bora Bora - DRL PLN2024-00012 ADU R
8/29/2023
1 1 1 NONE No N/A Approved Ministerial
525 031500900 525 031500900 40000 Canyon
Heights Dr
40000 Canyon
Heights - DRL (See
COD2019-00335)
PLN2024-00013
ADU R
8/1/2023
1 1 NONE No N/A Pending Ministerial
525 048500500 525 048500500 2830 Olive
Avenue
Olive Ave - Addition
& ADUs PLN2024-00017 ADU R
9/8/2023
2 2 NONE No N/A Pending Ministerial
1 ADU + 1 JADU
525 096302700 525 096302700 40412
Blanchard St
40412 Blanchard St -
DRL PLN2024-00029 ADU R
8/23/2023
1 1 NONE No N/A Pending Ministerial
543 039007000 543 039007000
35047 Lucia Ct Panchal - SB9
Development - SFD PLN2024-00031
SFD O
8/29/2023
1 1 SB 9 (2021) -
Duplex in SF
Zone
No N/A Pending Ministerial
ADU reported separately f
543 039007000 543 039007000
35047 Lucia Ct Panchal - SB9
Development - ADU PLN2024-00031
ADU R
8/29/2023
1 1 SB 9 (2021) -
Duplex in SF
Zone
No N/A Pending Ministerial
PDU reported separately f
531 003408100 531 003408100
5657 Tilden Pl
Sahu - 2nd Story
Addition_Attached
ADU
PLN2024-00039
ADU R
9/20/2023
1 1 1 NONE No N/A Approved Ministerial
519 119503200 519 119503200 531 McDuff Ave 531 McDuff Ave - DRM PLN2024-00046 ADU R
10/12/2023
1 1 NONE No N/A Pending Ministerial
513 075607100 513 075607100 231 Cavalo Ct Infinity Estates Inc - DRM (NSFR) PLN2024-00052 SFD O
10/17/2023
1 1 NONE No N/A Pending Ministerial
ADU reported separately f
513 075607100 513 075607100 231 Cavalo Ct Infinity Estates Inc - DRM (ADU) PLN2024-00052 ADU R
10/17/2023
1 1 NONE No N/A Pending Ministerial
PDU reported separately f
513 060812800 513 060812800 303 Anza St Anza Street - DRM PLN2024-00062 SFD O 10/29/2023
1 1 NONE No N/A Pending Ministerial
513 060105000 513 060105000 792 Nandina Ct Nandina Court - DRSS PLN2024-00066 ADU R
11/3/2023
1 1 NONE No N/A Pending Ministerial
525 033900302 525 033900302 42021 Osgood
Rd
Osgood Family
Housing-DDR PLN2024-00083 5+ R
12/15/2023
182 46 2 230 NONE Yes N/A Pending Discretionary
Project includes two phase
525 127105900 525 127105900 4104 Fairwood
St
Ameen Housing -
DRSS PLN2024-00088 ADU R
12/12/2023
1 1 NONE No N/A Pending Ministerial
525 083402400 525 083402400 40166 Michelle
St
JADU and Flex
Room PLN2024-00093 ADU R
12/22/2023
1 1 NONE No N/A Pending Ministerial
519 168305700 519 168305700 45551
Bridgeport Dr Shoroff SB 9 PLN2024-00003
SFD O
7/20/2023
1 1 SB 9 (2021) -
Residential Lot
Split
No N/A Approved Ministerial
This SB 9 project only invo
519 144901600 519 144901600 44503 Seminole
Ter
44503 Seminole Ter
- TPM PLN2023-00264
SFD O
5/9/2023
1 1 SB 9 (2021) -
Residential Lot
Split
No N/A Pending Ministerial
This SB 9 project only invo
519 165902700 519 165902700
1488 Washo Dr Washo Drive - TPM PLN2024-00057
SFD O
11/3/2023
1 1 SB 9 (2021) -
Residential Lot
Split
No N/A Pending Ministerial
This SB 9 project only invo
Table A: 7/7

5.B.b
Packet Pg. 192
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below 3 2 4 6 2 4 3 2 4 1 0 8 1 9 2 2 0 2 47 92 4 0 2 4 1 6 9 3 4 0 0 1000 0 2 7 1 2 7 2 10 6 543 041000600 543 041000600 3682 Ferry Ln Alvarado, Javier - Detached ADU BLD2021-01233 ADU R 1 4/5/2023
1 1 4/5/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
507 010001000 507 010001000 78 Duarte Ave Rodriguez, Daniel - Detached ADU BLD2021-05449 ADU R 1 12/20/2023
1 1 12/20/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
507 078706900 507 078706900 113 Ray Ct Shih, Yiping -
Detached ADU BLD2021-06803 ADU R 1 5/8/2023
1 1 5/8/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 060905000 513 060905000 43446 Bryant St Ni, Jay - NSFD & Detached Garage BLD2021-07731 SFD O 0 1 1/18/2023 1 0N O N E Y 525 061104000 525 061104000 3860 Haven Ave Zhang Residence - NSFD BLD2022-00047 SFD O 0 1 8/1/2023 1 0N O N E Y 1 Demolished O Existing unit demo'd under BLD2022-04036.
525 061104000 525 061104000 3856 Haven Ave Zhang, Qiong - Detached ADU BLD2022-01622 ADU R 1 8/1/2023
1 1 8/1/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 040201400 513 040201400 151 Linmore Dr Liu, Christopher - NSFD BLD2022-02362 SFD O 0 1 9/26/2023 1 0N O N E Y 1 Demolished O Existing unit demo'd under BLD2023-10742.
525 061111300 525 061111300 3978 Haven Ave Fathi, Hamid - NSFD BLD2022-06358 SFD O 0 1 11/2/2023 1 0N O N E Y 525 061111200 525 061111200 3985 Haven Ave Fathi, Hamid - Attached ADU BLD2022-06360 ADU R 1 11/7/2023
1 1 11/7/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 166802200 519 166802200 1802 Ponca Ct Khanna, Ajay - Detached ADU BLD2022-06696 ADU R 1 2/7/2023
1 1 2/7/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 060605900 525 060605900 42015 Linsay Ct Karimi, Abdul - Detached ADU BLD2022-07272 ADU R 1 4/3/2023
1 1 4/3/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 061111200 525 061111200 3985 Haven Ave Fathi, Hamid - NSFD BLD2022-07587 SFD O 0 1 11/7/2023 1 0N O N E Y 525 061111300 525 061111300 3978 Haven Ave Fathi, Hamid - Attached ADU BLD2022-07590 ADU R 1 11/2/2023
1 1 11/2/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 053605602 501 053605602 37456 Joseph St Shieh Residence - Detached ADU BLD2022-07936 ADU R 1 6/13/2023
1 1 6/13/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
TR 8479 TR 8479 44867 S Grimmer
Blvd
Innovation III -
Lumiere Stacked
Flats, Bldg 4 units
200-203, 300-303,
400-403
BLD2022-09228 5+ O
0 12 2/13/2023 12 0N O N E Y
525 033900102 525 033900102 41911 Osgood Rd
Osgood Apartments
Phase II - NMFD
(Affordable Housing)
BLD2022-09746 5+ R
0 20 79 1 3/8/2023 100 01 0 N O N E Y D B 46.0%
3 Development
Standards
Modification
No
1) State law dictates
the maximum number
of parking spaces that
the City can require.

For rental housing
developments that are
100% affordable to
lower income
households (exclusive
of managers units) with
unobstructed access to
a major transit station
within a half-mile
vicinity, the City cannot
impose any parking
requirements.
2) Additional height and
unlimited density
permitted per AB 1763.
531 021808900 531 021808900 5510 Curtis St Li, Hong - Detached ADU BLD2023-00267 ADU R 1 6/27/2023
1 1 6/27/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
507 024001500 507 024001500 234 D St Feiteira, Theodore - Detached ADU BLD2023-00876 ADU R 1 2/9/2023
1 1 2/9/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
TR 8404 TR 8404 5073 Admiral Cmn The Cottages Lot 18
- Attached NSFD BLD2023-01096 SFA O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5067 Admiral Cmn The Cottages Lot 19
- Attached NSFD BLD2023-01097 SFA O 0 1 6/21/2023 1 0N O N E Y 501 096301200 501 096301200 39286 Sundale Dr Ding, Ailan - Detached ADU BLD2023-01276 ADU R 1 1/18/2023
1 1 1/18/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 066103400 525 066103400 3876 Almond Ave Gurule, Ryan - New Detached ADU BLD2023-01841 ADU R 1 6/7/2023
1 1 6/7/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 179712900 501 179712900 35759 Caxton Pl Rastogi, Vinayak - Detached ADU BLD2023-01930 ADU R 1 3/31/2023
1 1 3/31/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 166102300 519 166102300 870 Yakima Dr Chang, Shumei - Detached ADU BLD2023-02262 ADU R 1 8/31/2023
1 1 8/31/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 080202000 525 080202000 3652 Stellar Ct Cox, Michael - Detached ADU BLD2023-02912 ADU R 1 8/4/2023
1 1 8/4/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 171608500 519 171608500 48341 Avalon
Heights Ter
Sudarsanam,
Rajagopalan -
Detached ADU
BLD2023-03006 ADU R 1 10/4/2023
1 1 10/4/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 060707100 501 060707100 4991 Evans Ave ANM Realty, LLC - New Detached ADU BLD2023-03179 ADU R 1 8/16/2023
1 1 8/16/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
TR 8479 TR 8479 44947 Lopes Rd Innovation II&III -
Manhattans, Bldg 13 BLD2023-03397 5+ O 0 8 5/22/2023 8 0N O N E Y TR 8479 TR 8479 44897 S Grimmer
Blvd
Innovation II&III -
Lumiere Stacked
Flats, Bldg 1
BLD2023-03402 5+ O
0 12 6/22/2023 12 0N O N E Y
TR 8479 TR 8479 44877 S Grimmer
Blvd
Innovation II&III -
Lumiere Stacked
Flats, Bldg 3
BLD2023-03407 5+ O
0 12 3/13/2023 12 0N O N E Y
TR 8479 TR 8479 44887 S Grimmer
Blvd
Innovation II&III -
Lumiere Stacked
Flats, Bldg 2
BLD2023-03408 5+ O
0 12 5/22/2023 12 0N O N E Y
TR 8479 TR 8479 44896 Domain Ter
Innovation II&III -
Aspect Rowtowns
(Bldg 11)
BLD2023-03413 5+ O
0 7 6/22/2023 7 0N O N E Y
TR 8479 TR 8479 44886 Binary Ter
Innovation II&III -
Aspect Rowtowns,
Bldg 9
BLD2023-03418 5+ O
0 7 5/22/2023 7 0N O N E Y
TR 8479 TR 8479 44883 Binary Ter
Innovation II&III -
Aspect Rowtowns,
Bldg 8
BLD2023-03423 5+ O
0 7 5/22/2023 7 0N O N E Y
TR 8479 TR 8479 44893 Domain Ter
Innovation II&III -
Aspect Rowtowns,
Bldg 10
BLD2023-03426 5+ O
0 7 6/22/2023 7 0N O N E Y
TR 8292 TR 8292 3717 Gettysburg
Cmn
Lincoln Townhomes -
Lot 4 BLD2023-03491 SFA O 0 1 1/3/2023 1 0N O N E Y
TR 8292 TR 8292 3721 Gettysburg
Cmn
Lincoln Townhomes -
Lot 5 BLD2023-03492 SFA O 0 1 1/3/2023 1 0N O N E Y
TR 8404 TR 8404 5138 Caterpillar
Cmn
The Cottages Lot 7 -
Detached NSFD BLD2023-03735 SFD O 0 1 6/28/2023 1 0N O N E Y TR 8404 TR 8404 5132 Caterpillar
Cmn
The Cottages Lot 6 -
Detached NSFD BLD2023-03736 SFD O 0 1 6/28/2023 1 0N O N E Y TR 8404 TR 8404 5127 Caterpillar
Cmn
The Cottages Lot 34
- Attached NSFD BLD2023-03737 SFD O 0 1 6/28/2023 1 0N O N E Y TR 8404 TR 8404 5126 Caterpillar
Cmn
The Cottages Lot 5 -
Detached NSFD BLD2023-03738 SFD O 0 1 6/28/2023 1 0N O N E Y TR 8404 TR 8404 5121 Caterpillar
Cmn
The Cottages Lot 35
- Attached NSFD BLD2023-03739 SFD O 0 1 6/28/2023 1 0N O N E Y 507 030001202 507 030001202 37766 Second St LaFontaine, William - Detached ADU BLD2023-03926 ADU R 1 11/29/2023
1 1 11/29/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 096906400 525 096906400 5076 Brian Ct Wen, Ericson - Detached ADU BLD2023-04300 ADU R 1 10/10/2023
1 1 10/10/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 179703700 501 179703700 35957 Dering Pl Kavanaugh, W illiam - Detached ADU BLD2023-04557 ADU R 1 10/16/2023
1 1 10/16/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 095913800 501 095913800 4428 Amador Rd Khan, Bushra - Detached ADU BLD2023-04671 ADU R 1 11/9/2023
1 1 11/9/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
TR 8205 TR 8205 143 Limelight Ter
Niles Henkel
Gateway - Building
16 (Units 64 thru 66)
BLD2023-04737 SFA O
0 3 12/19/2023 3 0N O N E Y
TR 8205 TR 8205 142 Limelight Ter
Niles Henkel
Gateway - Building
17 (Units 67 thru 69)
BLD2023-04738 SFA O
0 3 12/19/2023 3 0N O N E Y
TR 8205 TR 8205 167 Limelight Ter
Niles Henkel
Gateway - Building
18 (Units 70 thru 72)
BLD2023-04739 SFA O
0 3 11/21/2023 3 0N O N E Y
TR 8205 TR 8205 166 Limelight Ter
Niles Henkel
Gateway - Building
19 (Units 73 thru 75)
BLD2023-04740 SFA O
0 3 11/21/2023 3 0N O N E Y
TR 8205 TR 8205 133 Sennett Ter
Niles Henkel
Gateway - Building 5
(Units 19 thru 23)
BLD2023-04768 SFA O
0 5 12/19/2023 5 0N O N E Y
TR 8205 TR 8205 132 Sennett Ter
Niles Henkel
Gateway - Building 6
(Units 24 thru 28)
BLD2023-04769 SFA O
0 5 12/19/2023 5 0N O N E Y
TR 8205 TR 8205 169 Sennett Ter
Niles Henkel
Gateway - Building
12 (Units 48 thru 52)
BLD2023-04772 5+ O
0 5 11/21/2023 5 0N O N E Y
TR 8205 TR 8205 168 Sennett Ter
Niles Henkel
Gateway - Building
13 (Units 53 thru 57)
BLD2023-04773 5+ O
0 5 11/21/2023 5 0N O N E Y
507 017000103 507 017000103 37927 Niles Blvd
Niles Henkel
Gateway - Building 1
(Units 1 to 4)
BLD2023-04801 2 to 4 O
0 4 11/8/2023 4 0N O N E Y
TR 8205 TR 8205 37957 Niles Blvd
Niles Henkel
Gateway - Building 2
(Units 5 to 8)
BLD2023-04806 2 to 4 O
0 4 11/8/2023 4 0N O N E Y
TR 8404 TR 8404 37385 Viceroy
Cmn
The Cottages Lot 8 -
Attached NSFD BLD2023-04871 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 37379 Viceroy
Cmn
The Cottages Lot 9 -
Attached NSFD BLD2023-04887 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 37361 Viceroy
Cmn
The Cottages Lot 12
- Attached NSFD BLD2023-04888 SFA O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 37355 Viceroy
Cmn
The Cottages Lot 13
- Attached NSFD BLD2023-04889 SFA O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5097 Admiral Cmn The Cottages Lot 14
- Attached NSFD BLD2023-04890 SFA O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5091 Admiral Cmn The Cottages Lot 15
- Attached NSFD BLD2023-04891 SFA O 0 1 6/21/2023 1 0N O N E Y Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Table A2: 1/3

5.B.b
Packet Pg. 193
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below 3 2 4 6 2 4 3 2 4 1 0 8 1 9 2 2 0 2 47 92 4 0 2 4 1 6 9 3 4 0 0 1000 0 2 7 1 2 7 2 10 6 Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units TR 8404 TR 8404 5079 Admiral Cmn The Cottages Lot 17
- Attached NSFD BLD2023-04892 SFA O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5133 Caterpillar
Cmn
The Cottages Lot 33
- Attached NSFD BLD2023-04896 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 37367 Viceroy
Cmn
The Cottages Lot 11
- Attached NSFD BLD2023-04897 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 5072 Admiral Cmn The Cottages Lot 30
- Attached NSFD BLD2023-04898 SFD O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5078 Admiral Cmn The Cottages Lot 31
- Attached NSFD BLD2023-04899 SFD O 0 1 6/21/2023 1 0N O N E Y TR 8404 TR 8404 5139 Caterpillar
Cmn
The Cottages Lot 32
- Attached NSFD BLD2023-04900 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 37373 Viceroy
Cmn
The Cottages Lot 10
- Attached NSFD BLD2023-04901 SFA O 0 1 8/31/2023 1 0N O N E Y TR 8404 TR 8404 5085 Admiral Cmn The Cottages Lot 16
- Attached NSFD BLD2023-04902 SFD O 0 1 6/21/2023 1 0N O N E Y 543 043402600 543 043402600 34282 Lennox Ct Chan, Tina - Detached ADU BLD2023-05044 ADU R 1 5/31/2023
1 1 5/31/2023 1 0 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 035210000 543 035210000 3857 Jenkinson
Lake Way
Pradhan, Narayan -
Detached ADU BLD2023-05230 ADU R 1 7/6/2023
1 1 7/6/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 038412100 543 038412100 4675 Capitan Dr Zhang, Haojie - Detached ADU BLD2023-05346 ADU R 1 12/12/2023
1 1 12/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 163501902 501 163501902 38148 Fremont
Blvd
Wang, Xun -
Detached ADU BLD2023-05347 ADU R 1 12/8/2023
1 1 12/8/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 127111200 525 127111200 42927 Homewood
St
Grewal, Himmat &
Kaur, Amadeep -
Detached ADU
BLD2023-05606 ADU R 1 7/2/2023
1 1 7/2/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 070705400 513 070705400 592 Festivo Ct Lee, Ching - Detached ADU BLD2023-05671 ADU R 1 9/7/2023
1 1 9/7/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 044900100 543 044900100 33758 Mello Way Deol, Aman - NSFD BLD2023-05703 SFD O 0 1 10/12/2023 1 0N O N E Y 531 001000801 531 001000801 38822 Farwell Dr A
Glenmoor Green
Unit 474 - Detached
ADU
BLD2023-06012 ADU R 1 10/25/2023
1 1 10/25/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
531 001000801 531 001000801 38822 Farwell Dr B
Glenmoor Green
Unit 475 - Detached
ADU
BLD2023-06045 ADU R 1 10/25/2023
1 1 10/25/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 040201100 543 040201100 3037 Wolsey Pl Chang, Elisa - Detached ADU BLD2023-06798 ADU R 1 5/16/2023
1 1 5/16/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 025208600 543 025208600 4565 Santee Rd Racha, Vamsi - Detached ADU BLD2023-07147 ADU R 1 9/6/2023
1 1 9/6/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 020204300 525 020204300 41351 Erma Ave Thiruveedhula, Ravi - NSFD BLD2023-08075 SFD O 0 1 11/2/2023 1 0N O N E Y
525 020207700 525 020207700 41430 Erma Ave Sendhil, Mandala - NSFD BLD2023-08144 SFD O
0 1 11/1/2023 1 0N O N E Y 1 Demolished O
Existing unit
demolished under
BLD2023-08734. NSFR
approved under
PLN2022-00344. ADU
approved under
525 020207700 525 020207700 41434 Erma Ave Sendhil, Mandala - Attached ADU BLD2023-08319 ADU R 1 11/1/2023
1 1 11/1/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 166806000 519 166806000 1786 Mandan Pl
Krishnamurthi,
Karthik Rishi -
Detached ADU
BLD2023-08595 ADU R 1 11/14/2023
1 1 10/3/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 171900500 519 171900500 4528 Saint Francis
Ter
Liang Residence -
NSFD BLD2023-08806 SFD O 0 1 11/14/2023 1 0N O N E Y
543 032808403 543 032808403 34902 Moina
Shaiq Cmn
Decoto Lux Homes
Tract 8530 - NSFD
Lot1
BLD2023-09185 SFD O
0 1 8/1/2023 1 0N O N E Y
501 081605400 501 081605400 38059 Granv ille Dr Flores, Gabriel - Detached ADU BLD2023-09314 ADU R 1 9/26/2023
1 1 9/26/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 072703200 513 072703200 460 Revere Ter Thakur, Roop - Detached ADU BLD2023-09315 ADU R 1 12/11/2023
1 1 12/11/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 120100602 525 120100602 4007 Carol Ave Rosati, Christopher - Detached ADU BLD2023-10070 ADU R 1 10/25/2023
1 1 10/25/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 096411800 525 096411800 4495 Cah ill St Verma, Kamaljeet - Detached ADU BLD2024-00150 ADU R 1 12/1/2023
1 1 12/1/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 111805701 525 111805701 41168 Ellen Ct A
Jagarlamudi,
Ravikiran - Detached
ADU
BLD2024-01519 ADU R 1 12/8/2023
1 1 12/8/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
507 017600600 507 017600600 37435 Mission
Blvd
Liu, Lijie Residence -
Pre-Manufactured
Unit
BLD2024-01524 SFD O
0 1 10/26/2023 1 0N O N E Y
525 163400400 525 163400400 42837 Newport Dr Cheng, Guo - Attached ADU BLD2021-04717 ADU R 1 11/30/2023
1 1 11/30/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 040203200 543 040203200 3021 Stonehenge
Rd
Ayar, Bilquis - JADU
Conversion BLD2021-05276 ADU R 1 9/5/2023
1 1 9/5/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 083301200 525 083301200 40125 Spady St Pawar, Pranjali - ADU BLD2021-07533 ADU R 1 4/26/2023
1 1 4/26/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 031308400 525 031308400 39787 Benavente
Ave
Dhar, Sunil &
Renuka - 2-Story
ADU
BLD2022-04075 ADU R 1 6/19/2023
1 1 6/19/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 062102204 525 062102204 41277 Roberts
Ave
Skylark Apartments -
ADU (Unit A) BLD2022-05450 ADU R 1 5/12/2023
1 1 5/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 062102204 525 062102204 41277 Roberts
Ave
Skylark Apartments -
New ADU (Unit B) BLD2022-05451 ADU R 1 5/12/2023
1 1 5/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 062102204 525 062102204 41277 Roberts
Ave
Skylark Apartments -
ADU (Unit C) BLD2022-05452 ADU R 1 5/12/2023
1 1 5/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 062102204 525 062102204 41277 Roberts
Ave
Skylark Apartments -
ADU (Unit D) BLD2022-05453 ADU R 1 5/12/2023
1 1 5/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 015500300 501 015500300 36839 Cabr illo Dr Zheng, Chengyu - JADU BLD2022-08553 ADU R 1 7/18/2023
1 1 7/18/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 131901200 525 131901200 4749 Shelborne
Park Ct
Venkata, Satya -
Attached ADU BLD2023-00245 ADU R 1 8/10/2023
1 1
8/10/2023
1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 004003400 501 004003400 4663 Cerritos Ave Ding, Yong - Attached ADU BLD2023-00612 ADU R 1 4/17/2023
1 1 4/17/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 120506500 519 120506500 48236 Arcadian St Hu, Yinghe - Attached ADU BLD2023-01223 ADU R 1 7/27/2023
1 1
7/27/2023
1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 120506500 519 120506500 48236 Arcadian St Hu, Yinghe - JADU (Garage Conversion) BLD2023-01227 ADU R 1 7/27/2023
1 1 7/27/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 080200300 501 080200300 37721 Farwell Dr Das, Tapas - New Attached ADU BLD2023-01464 ADU R 1 1/23/2023
1 1
1/23/2023
1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 111603900 525 111603900 41851 Mahoney St
Sivasamy,
Haribaskar -
Attached ADU
BLD2023-01618 ADU R 1 6/8/2023
1 1 6/8/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 047700902 525 047700902 42389 Barbary St Paruchuri Residence - Attached ADU BLD2023-01816 ADU R 1 5/3/2023
1 1 5/3/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 071603200 513 071603200 626 Longfellow Dr
Nguyen, Mary -
Balcony & Panel
Upgrade
BLD2023-02943 ADU R 1 7/6/2023
1 1 7/6/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 071603200 513 071603200 626 Longfellow Dr Nguyen, Mary - Attached ADU BLD2023-02988 ADU R 1 7/6/2023
1 1 7/6/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 131507600 525 131507600 42396 Greenbrier
Park Dr
Walahi, Mohammad -
Attached ADU BLD2023-03657 ADU R 1 3/30/2023
1 1 3/30/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 047705300 525 047705300 2116 Jackson St Liu, Peng - Attached ADU BLD2023-04158 ADU R 1 6/21/2023
1 1 6/21/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 126102000 525 126102000 43274 Arkwood St
Neela, Deepa -
Attached Garage
ADU Conversion
BLD2023-04392 ADU R 1 10/11/2023
1 1 10/11/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 166602300 519 166602300 47024 Palo
Amarillo Dr
La, Kiet - Attached
ADU BLD2023-05409 ADU R 1 12/20/2023
1 1 12/20/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 097303400 525 097303400 4951 Omar St Au, Chi - ADU
(Garage Conversion) BLD2023-05424 ADU R 1 10/23/2023
1 1 10/23/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 044900100 543 044900100 33760 Mello Way Deol, Aman - Attached ADU BLD2023-06239 ADU R 1 10/12/2023
1 1 10/12/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 043509700 543 043509700 33883 Capulet Cir Carpio, Veronica - Attached ADU BLD2023-07164 ADU R 1 12/19/2023
1 1 12/19/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
513 072503000 513 072503000 43547 Southerland
Way
Amin, Masood -
JADU (Garage
Conversion)
BLD2023-08663 ADU R 1 7/18/2023
1 1 7/18/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
Table A2: 2/3

5.B.b
Packet Pg. 194
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below 3 2 4 6 2 4 3 2 4 1 0 8 1 9 2 2 0 2 47 92 4 0 2 4 1 6 9 3 4 0 0 1000 0 2 7 1 2 7 2 10 6 Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 519 120501600 519 120501600 48213 Cottonwood
St
Neufeld, Mirasol -
Attached ADU BLD2023-08931 ADU R 1 11/16/2023
1 1 11/16/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 111405000 525 111405000 41442 Malcolmson
St
Wang, Jingyi - JADU
(Garage Coversion) BLD2023-09003 ADU R 1 11/27/2023
1 1 11/27/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
501 040102300 501 040102300 37178 Blacow Rd Nguyen, Vu - JADU (garage conversion) BLD2023-09028 ADU R 1 11/22/2023
1 1 11/22/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
525 097405100 525 097405100 4760 Stratford Ave Zimbrick, Charles - Attached ADU BLD2023-10034 ADU R 1 10/11/2023
1 1 10/11/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
507 078702400 507 078702400 38935 Altura St Zhou, Mo - Attached ADU BLD2023-10288 ADU R 1 8/29/2023
1 1 8/29/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 039004100 543 039004100 35122 Cabral Dr Karishma, Panjwani - JADU BLD2023-10809 ADU R 1 12/6/2023
1 1 12/6/2023 1 0N O N E Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
543 038501800 543 038501800 4528 Bianca Dr Kolluru, Arvind - 2nd Story ADU BLD2024-00459 ADU R 0 1 12/21/2023 1 0N O N E Y 513 030505400 513 030505400 44303 Hunter Ter Singh, Jadwinder - JADU Conversion BLD2024-00460 ADU R 0 1 12/19/2023 1 0N O N E Y 501 075100100 501 075100100 4308 Lorren Dr
Anandan,
Karunanithi -
Addition/Conversion
to Attached ADU
BLD2024-00506 ADU R
0 1 10/18/2023 1 0N O N E Y
543 038701400 543 038701400 4661 Diaz Dr
Kalimuthu, Sasi -
JADU (Garage
Conversion)
BLD2024-01248 ADU R
0 1 11/2/2023 1 0N O N E Y
507 017600600 507 017600600 37431 Mission
Blvd
Liu, Lijie Residence -
Reclassify SFD to
ADU
BLD2024-01525 ADU R
0 1 10/26/2023 1 0N O N E Y
513 060902800 513 060902800 43413 Mission
Blvd
Tianfang Properties -
Detached ADU BLD2022-04383 ADU R 0 1 7/12/2023 1 0N O N E Y 525 127012600 525 127012600 4138 Doane St Yu, Cindy - Attached ADU BLD2022-08053 ADU R 0 1 3/1/2023 1 0N O N E Y
507 002000602 507 002000602 35970 Vivian Pl Mendiola, Rainier - Attached ADU BLD2023-01787 ADU R 0 1 2/3/2023 1 0N O N E Y 519 119701900 519 119701900 47819 Maya St Atmuri, Durga - NSFD BLD2023-05773 SFD O
0 1 1/25/2023 1 0N O N E Y 1 Demolished O
Existing unit
demolished under
BLD2023-06345. NSFR
approved under
525 020208800 525 020208800 41214 Erma Ave Chan, Alan - NSFD BLD2023-07882 SFD O 0 1 9/27/2023 1 0N O N E Y 1 Demolished O
Existing unit
demolished under
BLD2023-08023. NSFR
approved under
TR 8478 TR 8478 3873 Quantum Dr
Innovation II&III -
Lumiere Stacked
Flats, Bldg 10
BLD2021-03113 5+ O
0 0 12 1/5/2023 12 NONE Y
TR 8478 TR 8478 3693 Vision Cmn
Innovation II&III -
Aspect Rowtowns,
Bldg 16 Units
BLD2021-02207 5+ O
0 0 9 1/10/2023 9 NONE Y
543 044401600 543 044401600 5062
Crandallwood Dr
Kukal, Gaurav -
Attached Garage
Conversion to JADU
BLD2022-05689 ADU R
0 0 1 1/17/2023 1 NONE Y
JADU
525 163405100 525 163405100 42849 Jefferson St Wang, Chunyan - JADU Conversion BLD2022-04565 ADU R 0 0 1 1/19/2023 1 NONE Y 513 048701900 513 048701900 1305 Wisteria Dr Kuang Residence - Attached ADU BLD2021-05973 ADU R 0 0 1 2/3/2023 1 NONE Y 519 169600500 519 169600500 697 Woodview Ter Eaves - ADU (Bldg N) BLD2022-00686 ADU R 0 0 1 2/6/2023 1 NONE Y
519 169600300 519 169600300 236 Woodcreek
Ter
Eaves - ADU (Bldg
E) BLD2022-00688 ADU R 0 0 1 2/6/2023 1 NONE Y
507 054501000 507 054501000 38562 Jones Way Baik, Ha - Detached ADU BLD2022-05240 ADU R 0 0 1 3/9/2023 1 NONE Y
519 090000702 519 090000702 3733 Access Cmn
Metro West
Kensington Station
Bldg 3 Lot 11
BLD2022-01227 5+ O
0 0 8 3/16/2023 8 NONE Y
501 095915100 501 095915100 39367 Ide Ct
Flores-Larios,
Yvonne - Detached
ADU
BLD2022-09030 ADU R
0 0 1 4/6/2023 1 NONE Y
519 131003418 519 131003418 45158 Tom Blalock
St
Metro Crossing
Block B Bldg 4 BLD2018-02951 5+ R 0 0 22 4/25/2023 22 NONE Y TR 8478 TR 8478 3712 Intelligence
Cmn
Innovation II&III -
Aspect Rowtowns,
Bldg 14 Units
BLD2021-02197 5+ O
0 0 8 5/15/2023 8 NONE Y
519 090000702 519 090000702 3691 S ilicon Cmn
Metro West
Kensington Station
Building 25, Lot 7
BLD2022-06484 2 to 4 O
0 0 4 6/10/2023 4 NONE Y
TR 8398 TR 8398 3418 Inspiration
Way
Metro West Victoria
Station Flats - Bldg.
4A (Lot 10)
BLD2021-03857 5+ O
0 0 10 7/31/2023 10 NONE Y
TR 8478 TR 8478 45188 Ambition St
Innovation II&III -
Lumiere Stacked
Flats, Bldg 12
BLD2021-03072 5+ O
0 0 12 8/10/2023 12 NONE Y
TR 8403 TR 8403 1908 Reflection
Cmn
Metro Crossing
Block F Building 3 -
Master Plans
BLD2019-06615 5+ O
0 0 6 8/14/2023 6 NONE Y
TR 8404 TR 8404 5043 Admiral Cmn The Cottages Lot 23
- Attached NSFD BLD2023-01100 SFD O 0 0 1 8/14/2023 1 NONE Y 519 090000702 519 090000702 3468 Inspiration
Way
Metro West Victoria
Station Flat - Bldg.
5A (Lot 9)
BLD2021-03858 5+ O
0 0 10 8/15/2023 10 NONE Y
TR 8478 TR 8478 44818 Wisdom Rd Innovation III - Matrix Manhattans, Bldg 5 BLD2022-09192 5+ O 0 0 6 9/5/2023 6 NONE Y TR 8403 TR 8403 45318 Silhouette
Cmn
Metro Crossing
Block F Building 1 -
Master Plans
BLD2019-06613 5+ O
0 0 6 9/6/2023 6 NONE Y
TR 8554 TR 8554 3512 Vision Cmn Innovation East -
Building 1 BLD2020-03908 5+ O 0 0 73 9/20/2023 73 NONE Y 519 131003418 519 131003418 45258 Tom Blalock
St
Metro Crossing
Block G Bldg 3 BLD2018-02952 5+ R 0 0 28 9/25/2023 28 NONE Y TR 8330 TR 8330 140 Cavalo Ct Orchard Heights -
NSFD, Lot 45 BLD2018-03030 SFD O 0 0 1 9/26/2023 1 NONE Y 519 090000702 519 090000702 3425 Inspiration
Way
Metro West Victoria
Station (Flats) lot 5 -
Bldg.Type D1
BLD2022-03166 5+ O
0 0 14 10/5/2023 14 NONE Y
TR 8479 TR 8479 3289 Accelerator
Ave
Innovation III -
Matrix Manhattans
Bldg 19 Units 1000-
1007
BLD2022-09219 5+ O
0 0 8 10/18/2023 8 NONE Y
519 090000702 519 090000702 3465 Inspiration
Way
Metro West Victoria
Station (Flats) lot 5 -
Bldg.Type D2
BLD2019-00695 5+ O
0 0 14 11/14/2023 14 NONE Y
TR 8479 TR 8479 3249 Accelerator
Ave
Innovation III - Matrix
Manhattans, Bldg 21
Units 1000-1009
BLD2022-09229 5+ O
0 0 6 12/8/2023 6 NONE Y
519 171900500 519 171900500 4528 Saint Francis
Terrace Laing Residence PLN2023-00138 SFD O 1 3/23/2023 1 0 0N O N E Y 525 066100404 525 066100404 40871 High St Mission Peak V illage PLN2023-00134 5+ O 3 29 5/11/2023 32 0 0N O N E Y D B 1 Demolished O 42.5%
2 Development
Standards
Modification
No
The subject project is a
co-housing project,
exercising SB 330.

Two concessions
include relieft from the
following development
standards: 1) Front-
yard setback and 2)
Private open space.

The project exercised
AB 2097, and
therefore, was not
subject to the City's
minimum parking
requirements.

Existing house demo'd
501 156000308 501 156000308 1357 Mowry Ave
Champion House
Subdivision -
Attached
Townhomes
PLN2019-00263 SFA O 4 7/27/2023
4 0 0N O N E Y
Project ADUs reported
as separate line item.
501 156000308 501 156000308 1357 Mowry Ave Champion House Subdivision - ADUs PLN2019-00263 ADU R 1 7/27/2023 1 0 0N O N E Y Project PDUs reported as separate line item.
501 053602103 501 053602103 37447 Fremont
Blvd
Veranda Mixed-Use
Project - Main Units PLN2023-00221 5+ O 6 3 51 8/24/2023 60 0 0 SB 35 (2017) Y DB 0.0%
9 Development
Standards
Modification
No
Project ADUs reported
as separate line item.

Per AB 2097, the
project is exempt from
the City's minimum
parking requirements
because the project site
is located within a half-
mile of the Centerville
Train Depot.
501 053602103 501 053602103 37447 Fremont
Blvd
Veranda Mixed-Use
Project - Main Units PLN2023-00221 ADU R 8 8/24/2023 8 0 0N O N E Y Project PDUs reported as separate line item.
513 061000800 513 061000800 43543 Ellsworth St Mandadi - Residence PLN2022-00053 SFD O 2 9/7/2023 2 0 0N O N E Y Project ADUs reported as separate line item.
513 061000800 513 061000800 43543 Ellsworth St Mandadi - ADU PLN2022-00053 SFD R 1 9/7/2023 1 0 0N O N E Y Project PDUs reported as separate line item.
525 062800800 525 062800800 3654 Main Street Yeligati, Prem - Detached ADU BLD2023-05374 ADU R 1 1/10/2023
1 1 5/4/2023 1 1 8/15/2023 1 0 NONE Y
ADU rent survey: ABAG
Technical Assistance
Memorandum – Using ADUs to
Satisfy RHNA
519 171900400 519 171900400 4450 Saint Francis
Ter
Liang Residence -
NSFD PLN2023-00206 SFD O 1 12/13/2023 1 0 0N O N E Y Project ADUs reported as separate line item.
519 168305700 519 168305700 45551 Bridgeport
Dr Shoroff SB 9 PLN2024-00003 SFD O 10/31/2023 0 0 0 SB 9 (2021) - Residential Lot Split Y
525 127209300 525 127209300 4390 Hardwood St 4390 Hardwood St - SB 9 Lot Split PLN2023-00113 SFD O 2/6/2023 0 0 0 SB 9 (2021) - Residential Lot Split Y
519 166000500 519 166000500 1402 Sioux Ct 1402 Sioux Court - SB 9 Lot Split PLN2023-00154 SFD O 3/24/2023 0 0 0 SB 9 (2021) - Residential Lot Split Y
519 171900400 519 171900400 4450 Saint Francis
Ter
Liang Residence -
ADU PLN2023-00206 ADU R 1 12/31/2023 1 0
0N O N E Y Project PDU reported
as separate line item.
519 119701900 519 119701900 47819 Maya St New Home on Maya PLN2023-00133 SFD O 1 1/26/2023 1 0 0N O N E Y 525 023301600 525 023301600 1086 Plymouth
Ave Zhu ADU PLN2023-00237 ADU R 1 5/31/2023 1 0 0N O N E Y 543 042803800 543 042803800 34925 Oyster Bay
Ter Huff, Alex - ADU PLN2023-00248 ADU R 1 6/16/2023 1 0 0N O N E Y 543 038501800 543 038501800 4530 Bianca Dr Kolluru, Arvind - Addition/ADU PLN2023-00272 ADU R 1 7/12/2023 1 0 0N O N E Y 507 010002300 507 010002300 38 Duarte Avenue Bassi Residence PLN2023-00278 SFD O 1 11/14/2023 1 0 0N O N E Y 507 010002300 507 010002300 38 Duarte Avenue Bassi Residence PLN2023-00278 ADU R 1 11/11/2023 1 0 0N O N E Y 525 128308100 525 128308100 4283 Bora Bora
Ave Bora Bora - DRL PLN2024-00012 ADU R 1 12/1/2023 1 0 0N O N E Y 531 003408100 531 003408100 5657 Tilden Pl
Sahu - 2nd Story
Addition_Attached
ADU
PLN2024-00039 ADU R 1 11/17/2023
1 0 0N O N E Y
507 078304400 507 078304400 1339 Kruger Ave Lising ADU PLN2021-00080 ADU R 1 6/14/2023 1 0 0N O N E Y 519 119307500 519 119307500 266 Merr ill Ave Mohammed
Residence ADU BLD2020-06386 ADU R 6/23/2020 0 2/4/2021 0 1 10/30/2023 1 NONE Y Related record:

PLN2020-00224
525 096304500 525 096304500 4151 Hawkins St (Elec) Rosas, Alberto - ADU BLD2020-06204 ADU R 6/18/2020 0 8/4/2022 0 1 9/18/2023 1 NONE Y Related record:

PLN2020-00252
513 072904300 513 072904300 43845 N Moray St Huo, Jun - ADU BLD2020-06092 ADU R 6/18/2020 0 11/16/2021 0 1 1/5/2023 1 NONE Y Related record:

PLN2020-00246
519 119502800 519 119502800 47674 Hoyt St Maggie Ho and Maling Lew Addition BLD2020-06618 ADU R 6/29/2020 0 7/21/2021 0 1 9/11/2023 1 NONE Y Related record:

PLN2020-00273
543 045706600 543 045706600 33290 Jamie Cir Sun, Xiaodong - Detached ADU BLD2021-05308 ADU R 3/24/2021 0 12/7/2021 0 1 10/2/2023 1 NONE Y Related record:

PLN2020-00276
501 023100800 501 023100800 36948 Allen Ct Chan, Johannes - ADU BLD2020-06694 ADU R 10/26/2020 0 8/24/2021 0 1 10/20/2023 1 NONE Y Related record:

PLN2020-00278
Table A2: 3/3

5.B.b
Packet Pg. 195
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted 1 20 - - - - - - - - Non-Deed Restricted 3 23 - - - - - - - - Deed Restricted - 79 - - - - - - - - Non-Deed Restricted 28 24 - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 34 23 - - - - - - - - Above Moderate 5,165 338 165 - - - - - - - - 503 4,662 12,897
404 334 - - - - - - - - 738 12,159 5 67
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
1,820 10 - - - - - - - - 10 1,810 1,939
47 57 Moderate
3,640
2,096
1,996
131
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
3,593
1,965
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Table B: 1/1

5.B.b
Packet Pg. 196
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 01
Identify & Abate
Substandard Rental
Housing
Investigate all reported instances of
substandard rental housing to ensure
Fremont residents have adequate living
conditions.

On-Going
City of Fremont Code Enforcement Staff received and investigated a total of 61 complaints related to substandard housing in 2023: 8 cases are currently under investigation; 16 cases were investigated, and the complaint was determined to be unfounded; 13 cases were abated through the enforcement process; 20 cases are open and in the process of enforcement; and 4 cases were referred to other departments or agencies for additional follow up.

Program 02
Training for Apartment
Owners & Property
Managers
Educate apartment owners and property
manager on legal responsibilities to
ensure Fremont residents have
adequate living conditions.

Annually
On September 20, 2023, the City’s Housing Division hosted a virtual training to property managers and property owners regarding new landlord and tenant laws, fair housing laws, code enforcement regulations, Rent Review Ordinance update, recycling and composting, and energy efficiency incentives. A total of 155 attendees participated in the meeting.

Program 03
Minor Home Repair Grant
Program
Utilize all available CDBG funds to
assist low-income homeowners with
minor home repairs. Assist 10 low-
income households annually, including
at least five low-income households
where at least one member has a
disability.

Annually
The Minor Home Repair Grant Program utilized $250,000 in CDBG funding to assist 14 households with minor repairs. Of the 14 households, 8 were mobilehomes,5 were townhomes, and 5 were single family homes.

Program 04
Objective Design
Standards for Historic
Homes
Adopt objective design standards for
historic homes. Within 24 Months
In recognition of the City’s commitment to historic preservation and the increasing interest in adapting historic resources, the Planning Division will dedicate a portion of its 2024 long-range work program to streamlining the review process for projects involving historic homes by way to adopting objective design standards (i.e., secretary of interior standards). This initiative builds on the success of existing programs that screen potential historic resources and encourage their creative integration into modern development projects.

Program 05
Comprehensive Review of
Single-Family Residential
Planned Districts
Review Planned Districts for
opportunities to convert to standard
zoning. Rezone Planned Districts to
standard zoning where feasible.

Within 18 Months
As part of its 2024 long range work program, Planning Division Staff will complete a study of existing Planned Districts and develop a program to re-zone some Planned Districts to their most comparable standardized districts. This program will allow additions and modernization of single-family housing stock that continues to age.

Program 05.5
Encourage Solar
Installation on Existing
Multifamily Buildings
Encourage Solar Installation on Existing
Multifamily Buildings. Within 24 Months
In January 2023, the City launched an informational campaign to promote the different funding opportunities available to affordable housing developers to transition their properties to become more energy efficient and resilient towards the effects of climate change. The City held one-on-one calls with affordable housing developers to provide information about incentive programs, including Solar on Multifamily Affordable Housing (SOMAH), that can help make their properties more sustainable and create living spaces for their tenants that are environmentally safe and resilient. SOMAH is the nation’s first and largest solar incentive program designed to benefit multifamily affordable housing residents, with at least 51% of solar credits/generation generated by the solar system allocated to tenants. Three properties in Fremont are now participating in the program. Approximately 287 low-income residents are receiving utility bill credits, which helps with rising utility costs and long-term affordability as well as reduced greenhouse gas emissions in their living spaces.

Furthermore, on February 6, 2024, the SolSmart program, an initiative of the U.S.

Department of Energy, announced that Fremont, California is the first-ever recipient of the SolSmart Platinum designation. This designation recognizes Fremont for outstanding leadership at the local level, including a strong focus on the just and equitable deployment of solar energy. Fremont originally earned SolSmart Gold designation in 2016 and has committed to reaching carbon neutrality by 2045.

Program 06
Citywide Capital
Improvements
Adopt CIP to fund improvements that
support existing residential
neighborhoods.

Every 24 Months
The City continues to update its CIP budget every two years. On June 13, 2023, the City Council adopted Resolution 2023-34, unanimously approving a new CIP reflecting a $296 million investment plan for the City’s transportation, parks, and civic facilities, covering the five-year period from Fiscal Years 2023/24 – 2027/28.

The most significant change between the new CIP and the previously adopted CIP is the allocation of new one-time funding transferred from the General Fund that will build upon past capital investments for aging building infrastructure, mandated projects related to vehicle electrification, and major projects from the Parks & Recreation Master Plan, including building the new Central Park Multi- Service Community Center and replacing old park restrooms. Fremont will continue to see the prioritization of investments in pavement and sidewalk maintenance, traffic operations and signal system improvement, expansion of trail and pedestrian facilities, and major park improvements. And while several projects are scheduled for delay due to a shortfall in Park Impact Fee revenues, the new CIP addresses community demand for investment in pickleball courts and dog parks. The City will also continue to work with its regional partners on major projects such as the State Route 262 Cross Connector Project, developing the new Irvington BART Station, modernizing freeway interchanges at I-680/Mission and I-880/Decoto, developing new bridges over freeways at I- 680/Sabercat Trail and I-880/Innovation District, and starting new projects for regional trails and a complete streets corridor.

Program 07
Mobile Home Preservation
and Rent Stabilization
Preserve affordability of 753 mobile
homes. On-Going
There was no loss of mobile home units in 2023. There were also no losses of mobile home spaces in 2023. Existing mobile home parks are still operating at current capacity.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, a nd development of housing as identified in the housing
element.

Table D
Program Implementation Status pursuant to GC Section 65583 Table D: 1/12

5.B.b
Packet Pg. 197
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 08
Condominium
Conversions
Limit conversions to 100 units per year. On-Going
The City continues to implement its Condominium Conversion Ordinance, codified under Fremont Municipal Code §18.190.060, to maintain the community's supply of rental units. At the beginning of each year, the Planning Division prepares a memorandum on the status of residential condominium conversions applications and approved allocations. The condominium conversion memorandum is included as an attachment to the Housing Element Annual Progress Report. In 2023, the City of Fremont received no applications for condominium conversions.

Program 09
Short Term Rental
Ordinance
Adopt a short-term rental ordinance Within 12 Months
On January 9, 2024, the City Council adopted Ordinance 01-2024, amending Title 5 (Business Licenses and Regulations) of the Fremont Municipal Code to adopt short-term rental (STR) regulations. The new ordinance will allow STRs in residential units with approval of a STR permit and includes standards to address potential nuisance and neighborhood compatibility issues associated with STRs. More importantly, the new regulations are intended to encourage responsible use and prevent mass conversion of the city’s existing housing stock.

Program 10
Monitor "At Risk"
Affordable Housing Units
Monitor and preserve all at-risk units
during the planning period. Annually
The City's Housing Division continues to monitor affordable housing units at- risk of conversion and to work with property owners to retain units and proposed new development for potential displacement issues.

In 2021, the City commissioned a residential displacement study to better understand the displacement pressures on Fremont residents. In 2022, City Staff utilized the displacement study as a basis for codifying the City’s live/work preference policy and developing appropriate policy responses in the 2023-2031 Housing Element related to displacement.

Program 11
Ensure that Existing Deed-
Restricted Housing
Complies with Regulatory
Restrictions
Monitor deed-restricted units. On-Going
The City’s Housing Division monitors affordable housing developments for conformance with their regulatory agreement on an annual basis. A total of 31 affordable developments were monitored in 2023. Each development received a monitoring letter summarizing the results of the monitoring visit. The Housing Division ensures that findings, if any, were addressed appropriately prior to the closeout of each monitoring effort.

Program 12
Continue to Implement
and Annually Review the
Rent Review Ordinance
Support 100% of applicants. On-Going
On October 17, 2023, Human Services Staff delivered the Rent Review Ordinance (RRO) Annual Report to the City Council. The report provided an update on the status of the rent review program and covered RRO. The report covers the period from July 1, 2022, to June 30, 2023. As of the 2020 Census, the City has approximately 234,829 residents and 78,038 occupied housing units. Of the total housing units in Fremont, about 21% are renter occupied.

There are approximately 16,408 rental units in Fremont that are subject to the RRO. Rental units that are not subject to the RRO include units that are hotels, boarding houses, transient accommodations, dormitories, mobile home space rentals, shared housing units, and junior accessory dwelling units. The average cost of rent in 2022-2023 for a 1-bedroom unit was $2,509.

A total of 56 requests for rent review were received between July 1, 2022, and June 30, 2023, up from 26 requests from the previous year. Of the 56 cases, 29 were resolved by consultation and mediation, which is more than 50% of the cases brought for Review; 26 cases were unresolved after consultation and mediation, and one case was still pending at the timing of this APR update.

Most cases brought to the City are resolved within the first two steps of the RRO process, which includes consultation, mediation, and a Rent Review Board hearing.

Program 13
Provide Education on
Tenant’s Rights
Offer landlord/tenant counseling
services. Respond to all inquiries. On-Going
The Human Services Department, in partnership with Project Sentinel, continues to provide education and advice on tenant’s rights. Project Sentinel has conducted 11 community outreach and education events, provided counseling services to 56 persons, as well as operated a fair housing hotline.

Program 14
Implement “Stay Housed”
Self-Sufficiency Program
Assist 10 families per year. On-Going
The Human Services Department continues to implement “Stay Housed” self- sufficiency program. The Stay Housed Program assisted 16 households with tenant based rental assistance and SparkPoint self-sufficiency counseling.

SparkPoint provides a full range of free financial services to help individuals and families get out of debt and achieve long-term financial stability. The core of the SparkPoint program is working one-on-one with a trained financial coach to meet one’s financial goals. The counseling sessions include methods to assist households with establishing good financial habits, including, but not limited to, budgeting and saving, asset building, and credit report repairs.

Program 15
Live/Work Preference for
Affordable Housing
Universally apply live/work preference
to leasing process at affordable
housing developments.

On-Going
In 2022, following completion of a residential displacement study, the City Council conducted the first reading to amend the Affordable Housing Ordinance to integrate the City's longstanding live-work preference policy. The amendment became effective in 2023, after the City Council adopted Ordinance 01-2023 on January 10, 2023. The City applies the live/ work preference policy on all City restricted rental and for-sale units to the extent allowable by Fair Housing laws.

Program 16
Mandatory Replacement
of On-Site Units
Adopt Code Update Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 17
Develop and Refine
Objective Design
Standards Consistent with
State Law to Provide a
Predictable Basis to
Review Housing Projects
Adopt Updated Design Guidelines Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Table D: 2/12

5.B.b
Packet Pg. 198
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 18
Develop Objective
Findings for Residential
Projects
Adopt Findings Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 19
Explore Reach Codes that
Balance Sustainability
with Housing Production
Adopt reach codes that balance
sustainability goals with housing goals. Within 12 Months As part of its ongoing commitment to environmental sustainability, the City Council approved a comprehensive update to Fermont’s Climate Action Plan (CAP) in October 2023. The CAP calls for the reach code to be adopted within three years of CAP adoption, setting the target date of October 2026.

Program 20
Offer Preliminary Review
Procedure (PRP) Process
Continue to process PRP applications. On-Going
The Planning Division’s commitment to fostering open communication and collaboration throughout the development process is evident in its “team- based” review system and the continual implementation of the Preliminary Review Procedure (PRP). The PRP serves as a valuable steppingstone before embarking on a formal application. Developers can submit preliminary plans and receive comprehensive feedback from City Staff, who assess project feasibility, identify potential issues, and suggest possible solutions early on.

This proactive approach offers several advantages, including: 1) Reduced risk and cost by addressing potential roadblocks before investing significant time and resources into a formal application; 2) Increased certainty and efficiency by receiving clear guidance early in the process to allow developers to refine their proposals with confidence; and 3) Collaborative problem-solving by fostering an atmosphere of open dialogue that enables developers and City Staff to work together to find mutually beneficial solutions that align with the City’s vision and development.

In 2023, the City received 11 PRP applications for new housing developments, excluding preliminary applications submitted under SB 330.

Program 21
Encourage Early
Community Outreach on
Large Housing
Development Projects
Encourage outreach during
development review process. Within 12 Months
The Planning Division recognizes the importance of early and meaningful community engagement in shaping large housing development projects. To facilitate this, the Division employs a multi-pronged approach: 1) Development Activity Map that offers interactive online maps to pinpoint active projects, providing residents with readily accessible information on proposed developments in the community; 2) On-site posting that involves prominent signage at project locations informs residents about the proposed development and directs them to relevant information sources; 3) Public notification where Staff utilizes a combination of methods to publicize project proposals, including newspaper advertisements, email notifications (i.e., Development Digest), and postings on the City's website; and 4) Applicant outreach recommendations where, during the application review process, Staff actively encourages developers to engage with the community by hosting public meetings, forming neighborhood advisory committees, and/or distributing informational materials.

By implementing these diverse strategies, the Planning Division strives to foster an informed discourse on large housing developments, ensuring that community voices are heard and considered every step of the way.

Program 22
Continue to Coordinate
Development Review with
Outside Agencies
Coordinate with outside agencies
during development review process. On-Going
The Planning Division continues to utilize a “team-based” development review process, which involves all possibly interested governmental agencies and parties from the beginning of the development review process. Bringing all relevant governmental agencies and parties to the table from the outset fosters early collaboration and communication, preventing the bureaucratic hurdles that can plague traditional development processes.

More specifically, coordination with outside agencies continues to offer several key advantages, including: 1) Saving time and resources by addressing agency comments and requirements early on; 2) A higher-quality development outcome by drawing on the expertise of diverse agencies and considering factors like environmental impact, infrastructure needs, and community concerns, ultimately leading to higher-quality development outcomes; and 3) Minimization of potential misunderstandings by fostering open communication and transparency, promoting a spirit of shared responsibility and fostering a productive development environment.

Program 23
Electronic Processing &
Permitting
Monitor effectiveness of review process
and implement improvements. Annually
The Community Development Department remains committed to streamlining the development process through continuous refinement of its electronic plan review (ePR) and permit tracking (Accela) systems. The City actively enhances the user experience, making it easier to submit and track permit applications, pay fees, and access records. 2023 saw significant strides, including: 1) Automating report generation, containing applicants’ testaments, for Planning and Engineering records; 2) Bug fixes and improved stability to enhance system stability and ensure a smooth and reliable experience; 3) Express permit modifications to allow quick, hassle-free, and/or auto-issued permitting for select project types (i.e., reroof; electrical upgrade; HVAC); 4) Expanded record types comprising new record types like express kitchen and bath permits, retrofit window permits, home occupation permits, and zoning verification letters, offering more comprehensive project tracking; and 5) AB 2234 compliance, further demonstrating Fremont’s efforts to keep pace with evolving regulations by seamlessly integrating the post-entitlement phase permit feature mandated by State law. These improvements, alongside ongoing optimization, highlight a commitment to user-centric development tools.

Table D: 3/12

5.B.b
Packet Pg. 199
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 24
Offer “Over the Counter”
(OTC) Type Plan Checks
for Qualifying Residential
Projects
Implement process. Within 24 Months
The Community Development Department is committed to speeding up the residential permitting process by offering “over the counter” plan checks for qualifying projects. As part of the 2023 updates to the City’s electronic processing and permitting systems, express permit options for kitchen and bath remodels, reroof, HVAC, and window retrofitting permits were made available, allowing for quicker and streamlined approvals. In addition, Fremont will explore the expansion of express permitting to include other, common residential projects (i.e., minor additions; ADUs) with the goal of simplifying the permitting process.

Program 25
Review Impact Fee
Structure
Review impact fee structure and revise
if fees are not fair in relationship to
infrastructure needs.

Within 36 Months
On December 12, 2023, the City Council adopted a resolution approving a 1.73% decrease to development impact fees for the
capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2023, effective July 1, 2024, and amending the master fee schedule to reflect the revised fees. More specifically, the reduction is based on the 2023 Construction Cost Index for the San Francisco Bay Area, published by the Engineering News Record, and is viewed as a market correction to the relatively high construction cost increase of 13.65% identified for 2022.

Program 26
Have a Designated
“Affordable Housing Ally”
to Support Affordable
Development Projects
Designate ally. Within 12 Months
The City’s Housing Manager is designated as the Housing Ally. This key role acts as a central point of contact for anyone interested in navigating the world of affordable housing—be it developers seeking to contribute or individuals searching for housing services. The Housing Ally, working in tandem with various City departments, ensures timely and comprehensive information reaches the right hands.

Program 27
Facilitate Environmental
Review Process
Utilize CEQA streamlining provisions
whenever feasible. On-Going
The Planning Division continues to take a proactive approach to address its housing needs by employing allowable CEQA exemptions for qualified urban infill and other residential projects. The Division leverages exemptions based on specific site characteristics to ensure that projects with minimal environmental impact move forward efficiently and affordably. This strategy utilizes CEQA exemptions to balance environmental protection with the urgent need for more housing. The approach fosters a more efficient and responsible development process, benefiting both developers and residents seeking to call Fremont home.

Program 28
Housing Education
Campaign
Develop and implement outreach
strategy. Within 12 Months
The City updated its Housing Resources webpage to provide a variety of resources and information about housing options in Fremont. The resource page includes information about affordable housing programs, first-time homebuyer programs, and other resources for renters and homeowners.

Specifically, the webpage provides: 1) A list of affordable housing developers and upcoming affordable units; 2) Waitlists and housing directories; 3) Resources for tenants, such as information on source of income discrimination and the rent review process; and 4) Links to county and state resources, such as the Alameda County Housing Portal and the California Mortgage Relief Program.

As a future effort, the Housing Division will explore adding an educational video that explains existing affordable housing programs and resources, eligibility information, and how to apply.

Program 29
Identify Potential Historic
Resources on Housing
Inventory Sites
Identify and evaluate inventory sites
with possible historic resources. Annually
In 2023, Planning Staff reviewed the inventory sites to determine if any of the sites contained a historic resource. The following properties were determined to not be potentially historic due to the common architectural style and the abundance of the product type in in the current inventory in Fremont: 1) 39340 Fremont Boulevard; 2) 39360 Fremont Boulevard; 3) 3744 Mowry Avenue; 4) 3101 Walnut Avenue; 5) 37555 Dusterberry Way; 6) 39553 Paseo Padre Parkway; and 7) 35057 Fremont Boulevard.

The following property was determined to have potential historical significance due to its architecture. Further evaluation will be required by a qualified historical consultant to determine if it is eligible for the State or National Registry of Historical Structures: 41240 Fremont Boulevard. The subject property will remain on the City's inventory list as a site that can be developed with residential units under an appropriate project proposal.

Program 30
Provide Resources to
Encourage Development
of Accessory Dwelling
Units
Implement programs to enhance ADU
production. Within 12 Months
Planning Staff collaborated with Alameda County to develop the “Alameda County ADU Resource Center.” The mission of the Alameda County ADU Resource Center is to provide resources that make it easier for homeowners to build ADUs. Specifically, the ADU Resource Center provides a step-by-step approach to an ADU project and provides links to helpful resources and tools along the way.

In addition, to encourage their production, the City does not charge impact fees for ADUs. The City continues to administer its pre-approved ADU program, allowing designers to pre-approve detached ADU plans. Designers may reuse these preapproved plans on multiple lots throughout the City with reduced permitting fees and shortened review timelines.

Program 31
Amend Regulations to
Facilitate Production of
ADUs
Adopt code update. Within 24 Months
On July 11, 2023, the City Council adopted Ordinance 06-2023, amending Fremont’s municipal code to bring the City’s ADU regulations into compliance with State ADU. The amendments simplified the ordinance and eliminated certain requirements (i.e., parking).

Program 32
Expand Homeownership
Opportunities within
Existing Highest Resource
Neighborhoods
Adopt SB 9 Ordinance Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Table D: 4/12

5.B.b
Packet Pg. 200
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 33
Add Intensity in High
Resource Single-Family
Neighborhoods near
Transit
Adopt code update. Within 24 Months
On July 11, 2023, the City Council adopted Ordinance 06-2023, amending Fremont’s municipal code to bring the City’s ADU regulations into compliance with State ADU. The amendments simplified the ordinance and eliminated certain requirements (i.e., parking). In addition, the updated ordinance allows two ADUs (one conversion + one attached/detached) on each single-family zoned lot. Staff anticipates that multiple ADUs in high-resource single-family neighborhoods that are near transit will contribute to increase residential capacity, directly adding to the housing stock in area with limited land availability. Furthermore, ADUs will continue to cater to diverse needs of smaller households, young professionals, aging individuals, or those seeking more affordable housing.

Program 34
Eliminate Parking
Requirements in TOD
Areas
Adopt Code Update Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 35
Set Density Minimums
Outside of TODs
Adopt code update. Within 24 Months
As part of its 2024 Long Range Work Program, the Planning Division will target the potential of areas in Town Centers, like Mission San Jose and Niles, to establish minimum density requirements for mixed use development in MX and non-TOD commercial districts. The density floor(s) will encourage the development of high-density housing options within areas served by existing infrastructure and amenities. By leveraging mixed-use zoning and minimum density requirements, the Planning Division aims to promote “affordable by design” housing units, placing residents closer to jobs, transportation, and community resources, while responsibly meeting the City’s long-term housing needs.

Program 36
Update Mixed-Use Zoning
Standards
Adopt code update. Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 37
Update Zoning to Reflect
Intensity Permitted Under
SB 478
Adopt Code Update Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 38
Update Community Plans
as Needed
Review Community Plans, and update
as needed. Annually
The Planning Division will actively monitor the progress of housing development across community plans, particularly City Center and Downtown, to ensure that said plans remain responsive to housing demand and market trends. Tracking key metrics like permit issuance rates, project types, and affordability levels through regular data analysis and stakeholder forums will provide insights and help inform targeted updates.

Program 39
Seek Funding for Capital
Improvements in Lower-
Income Communities
Encourage, support, and collaborate on
applications for AHSC funding with a
particular emphasis on encouraging
applications within Centerville,
Downtown/Central Fremont, and
Irvington.

Annually
In Fall 2023, as part of the $757 million in funding through the Affordable Housing and Sustainable Communities (AHSC) Program, the “3900 Thornton” affordable housing project in Fremont’s Centerville area was selected as an awardee to receive $45.8 million in AHSC funding. This project, which is led by nonprofit affordable housing developer Resources for Community Development (RCD), will transform an underutilized vacant lot into a sustainable building with 128 affordable homes. Approximately $4.3 million of the AHSC grant will go towards promoting clean transportation in Fremont by supporting the Centerville Complete Streets project and improvements to the Centerville Train Station. Another $6 million of the grant will go to the San Joaquin Regional Rail Commission to replace an outdated Altamont Corridor Express (ACE) diesel locomotive with a modern zero-emission locomotive.

Program 40
Promote Inventory of
Residential Vacant and
Underutilized Opportunity
Sites
Create website and related materials. Within 12 Months
In Fall of 2023, the Planning Division updated its Housing Element webpage to promote the City’s Housing Element Sites Inventory. The updated webpage provides background on the City’s RHNA and features the Sites Inventory Table and Sites Inventory Maps.

Additionally, in December 2023, the Planning Division in coordination with the City’s Information Technology Services, updated the external public eGIS site with the adopted Housing Element Sites layer. The new layer allows the public to select a site and provides viewable attributes (i.e., address, size, land-use, zoning, estimated units, etc.).

Program 41
Publish Monthly
Development Digest with
Updates and Information
on Multi-Family Housing
Standards
Provide updates and information to the
development community through the
Development Digest.

On-Going
The City utilizes multiple communication channels to keep stakeholders informed and engaged. The Development Digest Newsletter, a monthly guide delivering the latest news from Fremont's Community Development Department, serves as a key platform that disseminates updates on upcoming policy decisions related to housing. In 2023, the Department leveraged this newsletter and other channels to effectively communicate housing-related code updates pertaining to ADUs, SB 9, supportive/transitional housing, residential care facilities, among others.

Program 42
Consultation with
Stakeholders on Housing
Policy Changes
Consult with stakeholders. On-Going
The Community Development Department maintains a developer interest list, through which it notifies developers of any proposed policy changes and opportunities for feedback. As was the case during the prior planning period, the City will continue to consult with affordable housing developers, market-rate developers, housing advocates, real estate professionals, the business community, and other stakeholders on proposed housing policy changes during the sixth cycle planning period. The City also utilizes the Development Digest newsletter as an effective communication tool for informing stakeholders about upcoming policy decisions related to housing. For instance, in 2023, Planning Staff utilized the Development Digest newsletter and other City media channels regularly to inform the community about housing related code updates (i.e., ADU, SB 9, supportive/transitional housing, residential care facilities, etc.).

Table D: 5/12

5.B.b
Packet Pg. 201
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 43
Create Online Fee
Calculator for Developers
Create Online Fee Calculator Within 12 Months
The majority of the Planning and Development application fees are deposit- based. Where identified, deposits must be paid with the submittal of an application. The City’s policies and administrative procedures for these deposits are established in City Council Resolution No. 2010-23, Land Use and Development Service Deposits, adopted April 13, 2010. Pursuant to said resolution, the deposit amounts are adjusted administratively and are updated from time to time based on the average cost to process the various application types.

With respect to the subject program implementation: The Community Development Department is actively working to overhaul its fee structure. As a result, resources will be committed to create an online fee calculator once the new, more simplified, changes take effect. Meanwhile, the City leans on its permit system, Accela, to provide fee estimates. As applicants enter project data and itemize housing-related fields, Accela’s back-end programming generates fee estimates based on the respective inputs. These estimates eliminate budgeting uncertainties, preventing last-minute cost overruns and project delays. In addition, Planning Staff also includes the estimated project fees as part the application’s completeness review to provide the applicant an opportunity to ask for clarifications or questions. Furthermore, the City’s Master Fee Schedule is made available online for any party wanting to access the City’s fees.

Program 44
By Right Approval of
Projects with 20%
Affordable Units
Adopt Ordinance Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 45
Update Zoning to be
Consistent with State
Density Bonus Law
Adopt Ordinance Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 46
Offer Additional Flexibility
in Satisfying Open Space
Requirements
Adopt Ordinance Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 47
Continue to Allocate
Percentage of General
Fund Revenue from
“Boomerang Funds” to
Affordable Housing and
Interim Shelter Projects
Continue utilizing boomerang funds
towards affordable housing and shelter
projects.

Annually
The City continues to utilize boomerang funds towards affordable housing and shelter projects. Approximately $2.2 million annually in Boomerang Funds support various services for unhoused residents, including the Homeless Wellness Day Center, Mobile Evaluation Team (MET), CleanStart Mobile Hygiene Program, Winter Relief Program, Safe Parking Program, supportive case management and encampment cleanup.

Program 48
Annually Monitor
Effectiveness of
Affordable Housing
Ordinance and
Commercial Linkage Fee
Monitor effectiveness. Annually
The City Council adopted an updated Affordable Housing Ordinance (AHO) in fall of 2021. The ordinance has an inclusionary requirement of 5-pecent moderate and 10-percent low-Income units for for-sale projects and 10-percent low-Income units for rental projects in all new residential developments. The payment of an in-lieu fee is an option for developers.

In 2022, following a residential displacement study, the City Council conducted the first reading to amend the Affordable Housing Ordinance to integrate the City's longstanding live-work preference policy. The amendment became effective in 2023.

Staff will continue to monitor the effectiveness of the AHO and the Commercial Linkage Fee and recommend changes to City Council as necessary/ appropriate.

Program 49
Continue to Allow Deferral
of Impact Fees for
Affordable Housing
Projects
Offer deferral of impact fees for
affordable housing projects. On-Going
On May 5, 2023, the City Council adopted an ordinance, approving changes to Fremont Municipal Code Chapter 18.290, Development Impact Fees, to allow market rate residential development projects to defer payment of development impact fees after building permit issuance. Therefore, the City continues to allow deferral of impact fees for not only affordable housing projects—but all residential projects. The Impact Fee Deferral Program allows owners to defer the payment of impact fees until final inspection, certificate of occupancy, or for a period of not more than eighteen months from the date of building permit issuance, whichever comes first, provided an Impact Fee Deferral Agreement has been executed with the City and recorded on title of the property. The impact fee amount to be paid is the amount in effect at the time of building permit issuance and is identified within the Agreement.

Table D: 6/12

5.B.b
Packet Pg. 202
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Progarm 50
Charge Reduced Impact
Fees for Affordable
Housing Projects
Charge affordable housing projects
reduced development impact fees. On-Going
The City of Fremont is committed to providing affordable housing for its community. To encourage the production of affordable units, the Community Development Department continues to implement Resolution 2021-36, adopted by the City Council on in 2021, allowing qualifying projects with deed-restricted affordable housing units to pay 50% of the Transportation, Parkland Acquisition, and Park Facilities fees.

On January 10, 2023, the City Council adopted Ordinance 01-2023, approving amendments to the City’s Affordable Housing Ordinance (AHO) [FMC Chapter

18.155]. The updated ordinance reflects the City’s adopted goal of encouraging the development of affordable housing to help meet the City’s assigned share of RHNA as well as its adopted policy of encouraging the development of a diverse housing stock that provides a range of affordability levels.

Additionally, the City has had a longstanding practice to require affordable housing projects receiving City funding and/or developed pursuant to the City’s AHO provide a local live/work priority preference to applicants for units. This practice is based on City Council direction to ensure that affordable developments serve those living and/or working in Fremont to the maximum extent allowed by law. To strengthen the requirement and to ensure that it is transparent to all stakeholders, the Community Development Department integrated the live/work preference into the AHO. The purpose of the local live/work preference policy for affordable housing units is to remedy or mitigate the displacement and gentrification impacts that may result from development activities and increasing job opportunities in the city. The local resident preference is designed to increase the probability that current residents can remain in the community in the face of increasing market rate rents and housing prices and loss of affordable units due to the expiration of covenants restricting rents. The local worker preference for affordable housing units is to maximize the effect of an improved jobs to housing ratio by increasing local housing opportunities for local employees.

Program 51
Waive Impact Fees for
ADUs
Waive development impact fees for
ADUs. On-Going
The City of Fremont distinguishes ADUs from traditional development projects when it comes to development impact fees (DIFs). Unlike standard housing developments, ADUs, regardless of size, are exempt from paying any DIFs in Fremont. This exemption offers several advantages for both homeowners and the community. For example, eliminating DIFs significantly lowers the financial burden for homeowners considering building an ADU, making ADUs a more accessible and affordable option for expanding housing options. Furthermore, exempting ADU’s from impact fees is consistent with the treatment of residential additions as both add bedrooms to the property, while not altering the primary use of the property as a single-family residence of multi-family development.

Program 52
Quickly Adapt to New
State Funding Resources
Leverage all available resources. Apply
for Homekey 3.0 funding. On-Going
On May 9, 2023, the Fremont City Council voted unanimously for the City to apply for the third round of funding available through the State’s Homekey Program. On May 25, 2023, the City applied for a $35 million Homekey grant to convert the Motel 6, located at 46101 Research Avenue, into 156 units of permanent supportive affordable housing. The target population for this affordable housing project was to be acutely low-income residents—with a household income of 15% or less of the area median income—who are referred through the Coordinated Entry System and have connections to the Tri-Cities (Fremont, Newark, and Union City) and Alameda County. The project envisioned property management staff living at the property and on-site supportive services to be provided by Step Up. The City was unsuccessful in securing Homekey funding from the State. The City will pursue other opportunities to house the homeless when and if funding becomes available.

In Fall 2023, as part of the $757 million in funding through the Affordable Housing and Sustainable Communities (AHSC) Program, the “3900 Thornton” affordable housing project in Fremont’s Centerville area was selected as an awardee to receive $45.8 million in AHSC funding. This project, which is led by nonprofit affordable housing developer Resources for Community Development (RCD), will transform an underutilized vacant lot into a sustainable building with 128 affordable homes. Approximately $4.3 million of the AHSC grant will go towards promoting clean transportation in Fremont by supporting the Centerville Complete Streets project and improvements to the Centerville Train Station. Another $6 million of the grant will go to the San Joaquin Regional Rail Commission to replace an outdated Altamont Corridor Express (ACE) diesel locomotive with a modern zero-emission locomotive.

Program 53
Remain Competitive at
Obtaining State Funding
Resources for Affordable
Housing
Annually retain eligibility and preference
for PLHA funding. Annually
Through four years, the State has allocated the City $3.3 million of its projected $3.8 million 5-Year PLHA allocation. The City has committed this funding to support Housing Navigation Center operating costs, as well as Clinical Supervision for Homeless Services and Mobile Evaluation Team clinicians.

Program 54
Advocate for Increased
Allocation of Project-
Based Section 8 Vouchers
from the Alameda County
Housing Authority
Advocate for increased allocation of
vouchers. Obtain vouchers for Homekey

3.0 project.

Within 12 Months
The City joined Housing Authority of the County of Alameda (HACA) Project Based Voucher interest list. City Staff met with the HACA to advocate increased allocation of project-based vouchers, but did not receive any commitments from HACA.

Table D: 7/12

5.B.b
Packet Pg. 203
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 55
Collaborate with the Bay
Area Housing Finance
Authority (BAHFA) to
Develop Initiatives that will
Provide Additional
Resources for Affordable
Housing
Collaborate with BAHFA as specific
projects are identified. On-Going
Currently, the Community Development Department is actively monitoring the Bay Area Housing Bond, which is sponsored by the Bay Area Housing Finance Authority. Staff is collecting relevant information and may invite County Staff to deliver a presentation to the Fremont City Council at a future City Council meeting.

Program 56
Assist Affordable
Developers to Acquire
Land for Affordable
Housing
Include land acquisition as a qualifying
expense in the NOFA process. On-Going
In 2023, the City’s Housing Division issued a $30 million NOFA for the creation of affordable rental housing. The City continues to include land acquisition as a qualifying expense.

Program 57
Priority Processing for
Affordable Housing
Development Projects
Expedite building permit reviews for
affordable housing developments. On-Going
The Community Development Department continues to prioritize affordable housing projects by expediting their review process. Affordable housing proposals receive the benefit shorter review periods and move through the review cycles 10 days faster than their standard development counterparts. In addition, affordable housing proposals also receive dedicated support. Project Planners that processing affordable housing proposals meet regularly with the Housing Manager and Department managers to directly address concerns and gain feedback about timelines, permitting difficulties, and construction activity.

This diligent and targeted approach allows Staff to foster a collaborative working relationship with affordable housing developers to further the City’s affordable housing goals and overcome permitting hurdles.

Program 58
Provide Technical
Assistance to Affordable
Housing Property
Managers
Provide technical assistance. On-Going
The City’s Housing Division continues to provide technical assistance to property managers, including but not limited to, annual property manager training, updated tenant resource page, annual monitoring, and referral to other housing provider services.

Program 59
Prioritize Development of
Housing Affordable to
Extremely Low-Income
Households
Prioritize extremely low-income units in
NOFA scoring criteria. On-Going
In 2023, the City’s Housing Division issued a $30 million NOFA for the creation of affordable rental housing. The NOFA prioritized units affordable to extremely- low income households as highly desirable.

Program 60
Prioritize Development of
Family Size Affordable
Housing Units
Prioritize family-sized units in NOFA
scoring criteria. On-Going
In 2023, the City’s Housing Division issued a $30 million NOFA for the creation of affordable rental housing. The NOFA prioritized housing units that address household with special needs (e.g., homeless, large families, transition-age youth, seniors and/ or special needs).

Program 61
Explore Opportunities to
Increase Community
Participation in the
Funding Process
Develop and implement community
input component of NOFA application
review.

Annually
In 2023, the City’s Housing Division issued a $30 million NOFA for the creation of affordable rental housing. The Division received input from Fremont for Everyone, a local organization advocating for inclusive and affordable housing for residents.

Program 62
Facilitate Hotel
Acquisition/Rehabilitation
Apply for funding through Homekey 3.0
program. Within 12 Months
On May 9, 2023, the Fremont City Council voted unanimously for the City to apply for the third round of funding available through the State’s Homekey Program. On May 25, 2023, the City applied for a $35 million Homekey grant to convert the Motel 6, located at 46101 Research Avenue, into 156 units of permanent supportive affordable housing. The target population for this affordable housing project was to be acutely low-income residents—with a household income of 15% or less of the area median income—who are referred through the Coordinated Entry System and have connections to the Tri-Cities (Fremont, Newark, and Union City) and Alameda County. The project envisioned property management staff living at the property and on-site supportive services to be provided by Step Up.

The City was unsuccessful in securing Homekey funding from the State. The City will pursue other homelessness-related funding opportunities as they become available.

Table D: 8/12

5.B.b
Packet Pg. 204
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Progarm 63
Prioritize Affordable
Housing on Public
Property
Facilitate development of affordable
housing on publicly-owned land. On-Going
The Community Development Department has taken significant steps in prioritizing affordable housing on public property. In 2023, the Department assembled a core project team consisting of Planning and Public Works Staff and explored funding opportunities, from Bay Area Metro, the Environmental Protection Agency, and the Department of Toxic Substances Control, to facilitate residential development on the City-owned, surplus property located at the intersection of Decoto Road and Fremont Boulevard (Site Nos. 258 and 259 in the Sites Inventory). The effort to develop the surplus site is commonly referred to as the “Fremont-Decoto Land Development Plan” (FDLDP).

Following meetings with grant coordinators, Staff learned that the FDLDP would not qualify for available funding due to timing, project, and/or site issue(s).

However, local funds to support the effort are available. In Summer/Fall of 2023, the City issued a RFQ to help with the FDLDP. More specifically, the purpose of the RFQ was to select a qualified project manager with land development experience in large-scale residential and/or mixed-use development, including affordable housing, to assist the City in designing and entitling a project on the surplus site. The City received statements of qualifications from six firms. After review of the submissions for responsiveness and overall strength of qualifications, the core project team short-listed WestGate Ventures and a second firm. Following interviews with the two firms, WestGate Ventures was recommended based on its relevant experience (including extensive entitlement and development experience in Fremont), make-up of the project team, understanding of project objectives, and competitive pricing. On January 2024, the City Council authorized entering a service agreement with WestGate Ventures.

WestGate Ventures envisions an approximately 2.5-year process from contract execution to entitlement. Initial steps to be completed in 2024 include several due diligence tasks (e.g., market analysis/pro forma, land constraints analysis, fulfillment of Surplus Lands Act obligations), development and analysis of concept plan options, and coordinating with City Staff to solicit a series of RFPs to hire technical consultants (e g civil engineer architect Program 64
Promote Housing on
Underutilized Church
Properties
Provide technical assistance to facilitate
housing development on church
properties.

Within 12 Months
In August 2023, City Staff met with officials from South Bay Community Church to discuss its interest in developing affordable housing at the church site located at 47385 Warm Springs Boulevard. Additionally, the Community Development Director has volunteered to serve on the ad-hoc leadership committee for a project in San Jose that will use grant funding from the Urban Land Institute to convene a workshop in 2024 that brings together homeless service providers, nonprofit organizations, landowners from churches and places of worship, and affordable housing developers to partner in the design and construction of emergency interim to permanent affordable housing projects on their sites.

Program 65
Facilitate Shared Housing
Opportunities
Make 10 matches each year. On-Going
During the 2022-2023 FY, the City was successful in making six matches during the 2022-2023 FY. This program was administered through a contract with Front Porch; however, that contract was not renewed as of July 1, 2023.

Program 66
Participate in Affordable
Housing Week
Share best practices and support for
affordable housing. Annually The City issued an Affordable Housing Month proclamation on May 9, 2023.

Program 67
Influence Statewide
Affordable Housing
Priorities and Legislation
Share best practices and support for
affordable housing, as needed. On-Going The Housing Division continues to provide feedback to City’s legislative lobbyist on pending housing bills.

Program 68
Implement Reasonable
Accommodations
Ordinance
Continue to implement ordinance. On-Going
Pursuant to the City’s Reasonable Accommodations Ordinance (FMC Chapter

18.265), the Community Development Department continues to implement the City’s policy to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its zoning regulations for persons with disabilities seeking fair access to housing. The City processes reasonable accommodations requests without charging an application fee.

No requests for reasonable accommodation were received in 2023.

Program 69
Address Zoning Barriers
to Create Housing
Opportunities for People
with Disabilities
Adopt Ordinance Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 70
Implement Universal
Design Ordinance
Continue to implement ordinance. On-Going
The Community Development Department continues to implement the City’s Universal Design Ordinance, codified in Fremont Municipal Code Chapter 15.67.

The purpose of the ordinance is to: 1) Facilitate the development of residential dwelling units that are visitable, usable, and safe for occupancy by persons with disabilities and that support aging in place; 2) Allow new homebuyers the option of incorporating universal design principles into their future homes that would enhance their ability to remain in their homes during periods of temporary, developing, or permanent disabilities or frailties; and 3) Accommodate a wide range of individual preferences and functional abilities without significantly impacting housing costs and affordability. The Department has established a workflow process whereby applicants are notified of Universal Design Ordinance requirements during the entitlement review process, and the Building Division verifies compliance during building permit plan review and inspection.

Relatedly, in August of 2023, the City released a Notice of Funding Availability (NOFA) for up to $30 million in funding for affordable housing and included incorporation of Universal Design principles as an evaluation/selection criterion for proposals.

Table D: 9/12

5.B.b
Packet Pg. 205
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 71
Develop an Accessible
Preapproved ADU Design
Offer accessible design through Pre-
approved ADU Program. Within 24 Months
As part of its 2024 long range work program, Planning Division will take steps towards developing a pre-approved Accessible ADU design. To promote the development of new, accessible housing to seniors and people with disabilities, plans for the pre-approved Accessible ADU design would be provided to Fremont residents at no charge. This initiative will build on the City’s existing, pre-approved ADU program, further promoting inclusive housing throughout the city.

Program 72
Provide Services to
Improve the Quality of Life
for People Experiencing
Homelessness to Meet the
Need Identified in the
Point-in-Time (PIT) Count
Continue to expand services that
improve the quality of life of homeless
persons.

On-Going
The shower facilities at both the City’s Age Well Centers expanded hours and days available to increase hygiene facilities to unhoused seniors. The Bay Area Community Services (BACS) Wellness Center, funded by City of Fremont, added laundry services and expanded hours to be open during the weekend. The Housing Resource Center, operated by the City’s Human Services Department at the Family Resource Center, enhanced services to drop in Health assessments and legal advice by partnering with both Bay Area Community Health and Bay Area Legal Aid. The Fremont Safe Parking rotational program added another site.

Program 73
Provide A Diversity of
Shelter Options to Meet
the Need Identified in the
PIT Count
Continue to expand shelter options that
provide temporary accommodations to
people experiencing homelessness.

On-Going
Fremont Housing Navigation Center has reached full capacity, this added 20 more beds for adults to the system. The limited capacity was required due to COVID-19 protocols. Additionally, the Fremont Winter Relief program doubled to add 30 more units of shelter which can accommodate families with minor children and adults.

Program 74
Address Zoning Barriers
for Low-Barrier Housing
Navigation Centers and
Emergency Shelters
Adopt Code Update Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 75
Participate in the Alameda
County IMPACT Program
Provide support to homeless persons
through the IMPACT program. On-Going
The Human Services Department continues to provide support to homeless persons through the Alameda County (AC) IMPACT Program. The AC Impact program, in partnership with Abode Services, assisted 11 homeless persons in obtaining permanent housing and providing rental assistance and case management services.

Program 76
Remove Zoning Barriers
for Supportive and
Transitional Housing
Adopt Code Update Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 77
Participate in Countywide
Planning Efforts to End
Homelessness
Collaborate with Alameda County
jurisdictions on implementation of
Home Together Plan.

On-Going
Fremont’s Homeless Services Manager holds the South County seat on the Continuum of Care’s (CoC) Leadership Board and sits on both the CoC’s Outreach and Access as well as the Standards, Compliance and Funding Committees. City homelessness leads are also engaged in the Technical Working Group of Alameda County City Staff and County Staff who are tasked with carrying out directives of the Alameda County Mayor’s Working Group on Homelessness. Currently, Fremont is undergoing a Homelessness Response Plan effort, which will be a local action plan, that incorporates strategies that align with Alameda County’s plan as well as implementing programs in the Fremont’s Housing Element. The plan is anticipated to be finalized in May 2024.

Program 78
Provide Resources on
Diverse Housing
Opportunities through Age
Well Centers
Provide resources to seniors through
the Age Well Centers. Annually
The Age Well Centers share Alameda County’s Affordable Senior Housing list created by the Area Agency on Aging. Those looking for housing are also encouraged to contact the City of Fremont’s Senior Information line for more housing information. Lastly, seniors are also directed to go onto websites belonging to the City of Fremont, Eden Housing and Satellite Affordable Housing Associates (SAHA), to sign up to receive housing notifications via email when new housing becomes available or waiting lists open.

Program 79
Continue to Implement the
Pathways to Positive
Aging Project
Continue to provide support to elders
through the Pathways to Positive Aging
Project.

On-Going
The Pathways to Positive Aging project has evolved into the Age Friendly Initiative that includes engaging with the older adult community and their support systems to better understand and meet the needs of senior citizens.

The project includes training and partnering with Community Ambassadors for Seniors (CAPS), volunteers that represent Fremont’s diverse community and can provide linkages to older adults.

Program 80
Monitor Incentives to
Encourage Development
of Smaller, More Efficient
Units for Single-Person
and Small Households
Monitor effectiveness of measures in
creating smaller units that will be
affordable by design, and adopt
amendments as needed.

On-Going
The Planning Division will monitor the effectiveness of its recently adopted ADU, SB 9, and SB 748 ordinances in producing smaller, affordable housing units. The primary monitoring method will be to monitor permitting data, regularly tracking the number and types of ADU, SB 9 urban lot splits and/or two-unit developments, and small-scale multifamily developments utilizing the provisions of SB 748. Tracking this information will help provide a clear picture of utilization trends and the Division’s commitment to ongoing evaluation and adaptation demonstrates a proactive approach to shaping effective housing policy, one that adapts to changing needs.

Program 81
Continue to Operate the
Fremont Family Resource
Center
Continue to operate FRC. On-Going
The Human Services Department continues to operate the Fremont Family Resource Center (FRC). The City has partnered with more than 25 government and non-profit organizations in the operation of the FRC, where families access a variety of supportive services under one roof. FRC programs include housing information, youth and family services, case management, childcare resources and referral, and family economic self-sufficiency programs.

Program 82
Encourage Location of
Case Management and
Other Supportive Services
in Affordable Housing
Developments and
Housing for Seniors
Encourage location of services to keep
families housed. On-Going
The Human Services Department encouraged location of services to keep families housed. For instance, the City partnered with Eden Housing to provide on-site supportive services to approximately 400 older adults living in four senior housing complexes. Two City Staff members provided resource information and follow-up, organized wellness activities, and facilitated referrals to other HSD services including complex case management and mental health services support.

Table D: 10/12

5.B.b
Packet Pg. 206
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 83
Funding for Non-Profit
Social Service Providers
Provide funding for supportive services. On-Going
The Fremont Human Services Department is committed to supporting its residents through a network of 21 local non-profit organizations. With $956,492 in funding, these non-profits deliver essential social services designed to empower individuals and families to achieve independent living. From immediate crisis intervention and basic needs assistance to long-term strengthening services, the range of support is extensive. Importantly, partner agencies have a strong presence in the community, and they ensure easy access to vital services like legal aid, food and housing assistance, children and domestic violence support, and substance abuse treatment.

Program 84
Inter-Jurisdictional and
Regional Planning
Coordinate with other agencies to
synergize planning efforts. On-Going
The Planning Division recognizes that effective residential planning transcends city boundaries. To ensure a well-coordinated and comprehensive approach, the Division actively collaborates with various entities at different levels.

Fremont works closely with neighboring cities like Union City, Newark, and Hayward to share data, best practices, and strategies for managing growth and development. This helps create a cohesive approach to regional housing needs and infrastructure planning.

In addition, as part of Alameda County, Fremont aligns its planning efforts with the county's broader vision by participating in the Alameda County Housing Element Collaborative. The involvement includes collaborating on issues like transportation infrastructure (i.e., Alameda CTC), environmental protection, and economic development, all of which impact residential development. The City and the School District (FUSD) have a strong relationship that works to ensure that new housing developments are matched with adequate school capacity.

This involves planning for new schools, expansions, and resource allocation. It is also the Division’s standard practice to inform external agencies and special districts, such as USD and ACWD, about its development applications to confirm that infrastructure capacity keeps pace with new housing developments.

Furthermore, Fremont actively participates in MTC | ABAG's planning processes, including RHNA that determines each city’s share of the region’s housing requirements as well as collaborates with the regional agency to secure funding for transportation projects that support its residential development goals. Moreover, Planning Staff also participates in the Planning Director’s Association, which is informed by MTC | ABAG.

Program 85
Review and Periodically
Amend Zoning Ordinance
and Other Planning
Documents to Comply
with Changes to State
Laws
Adopt Code Update Annually
The Planning Division continues to review and periodically amend the City’s zoning ordinance and other planning documents to comply with changes in State law. In 2023, the City completed multiple updates to further facilitate residential development.

On January 10, 2023, the City Council adopted Ordinance 01-2023, approving amendments to the City’s Affordable Housing Ordinance (AHO) [FMC Chapter

18.155]. In continuation of the City’s longstanding practice of providing a live/work preference at City-funded affordable housing projects, the amendments added a new section, 18.155.095 (Live/Work Local Preference), to the City’s AHO.

On July 11, 2023, the City Council adopted Ordinance 06-2023, repealing and replacing the City’s ADU ordinance to comply with legislation that went into effect in 2023. The updated ordinance implemented Program 31 of Fremont’s 2023-2031 Housing Element.

On November 14, 2023, the City Council adopted Resolution 2023-52, implementing Program 17 of Fremont’s 2023-203 Housing Element. To provide a predictable basis to review housing projects, the Resolution identified and/or clarified the objective design standards for the City’s various design guidelines.

On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of Fremont Municipal Code Title 17 (Subdivisions) and Title 18 (Planning and Zoning) to comply with State law and implement programs 16, 17, 18, 32, 34, 36, 37, 44, 45, 46, 69, 74, 76, and 91 of the Fremont’s 2023-2031 Housing Element.

On January 9, 2024, the City Council adopted Ordinance 01-2024, amending Title 5 (Business Licenses and Regulations) of the Fremont Municipal Code to adopt short-term rental (STR) regulations. The new ordinance will allow STRs as an ancillary use in residential units with approval of a STR permit and includes standards to address potential nuisance and neighborhood compatibility issues Program 86
Prepare and Submit
Annual Progress Report
on Housing to HCD
Submit APR. Annually
The City continues to prepare Annual Progress Reports (APRs) regarding the City's Housing Element. The City will be submitting its first APR for the current (sixth cycle) Housing Element Planning Period by the April deadline. The Planning Commission and City Council will receive the Annual Housing Element APR covering calendar year 2023 in February and March 2024, respectively.

In addition, the Community Development Department continues to refine the City's permit tracking system to assist with addressing the new data reporting requirements under State law.

Program 86.5
Improve Tracking and
Enforcement of Tenant
Protection Requirements
Implement new tracking procedure. Within 24 Months
Currently, the City’s permit tracking software, Accela, includes input fields for residential development, including on-site affordable housing units, number of units, affordability levels, type of units (single-family, condo, multifamily, etc.), and tenure at initial occupancy (i.e., rental vs. owner).

Additionally, Planning Staff will work to incorporate the “Request for Tenant Information Form and Tenant Statement” template, prepared by Association of Bay Area Governments (ABAG), into its recently updated “Universal Planning Application.” Information collected on the forms will be tracked electronically (i.e., Excel).

Table D: 11/12

5.B.b
Packet Pg. 207
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 87
Improve Tracking of No
Net Loss
Implement new tracking procedure. On-Going
The Planning Division is committed to upholding the “No Net Loss” law, a crucial element in ensuring is to ensure development opportunities remain available throughout the planning period to accommodate Fremont’s RHNA, especially for
lower- and moderate- income households. As part of the 2024 Long Range Work Program, the Division will undertake a two-pronged approach to strengthen the tracking and accounting of units proposed on the City’s Housing Element Sites Inventory. The two-pronged approach involves a thorough review of the HCD’s memo on “No Net Loss” followed by the implementation of a reliable tracking mechanism.

In addition to prioritizing the creation of an active ledger to track housing units across the Housing Element Sites Inventory, the Long-Range Planning Team will remain committed to ongoing evaluation and refinement of the tracking mechanism. Based on user experience, the Team will identify areas for improvement and adjust the tracking system so that it remains effective in the face of evolving needs and challenges.

Program 88
ADU Monitoring
Monitor progress annually as part of
Annual Progress Report (APR) to
ensure projections are accurate.

Determine necessity for adjustments by
April 2027 and implement additional
strategies by April 2028 if projections
are falling short.

On-Going
The City continues to track new ADUs that are completed and collect information on an annual basis as part of the Housing Element Annual Progress Report. Halfway through the projection period (2027), if trends indicate a potential shortfall in meeting the estimated ADUs in the sites inventory, the City will employ additional strategies to incentivize ADU production, and/or identify additional inventory sites to the extent necessary to accommodate the RHNA.

In 2023, the City issued building permits for 80 ADUs. This number exceeds the annual projection of 60 ADUs estimated in the Housing Element. Much like the overall decrease in permitted units, the decrease in ADU permits in 2023 compared to 2022 may be a result of higher interest rates and less favorable market conditions. Despite the decrease in permitted units, 156 ADU applications were submitted (i.e., “deemed complete”) to the City in 2023, which suggests that the interest in ADUs continues to be strong. Staff anticipates the momentum behind ADUs to continue largely because the City amended its ADU Ordinance, to comply with State law and remove barriers, in Fall 2023.

Program 89
Review Development
Standards to Ensure They
Allow Maximum Density
Assess whether development standards
precluded development of approved
projects at maximum density. Modify
development standards as needed to
ensure maximum densities can be
achieved.

Annually
As part of the Housing Element Annual Progress Report, Staff will identify residential development projects that were approved below maximum density assess whether development standards precluded development at maximum density. Where development standards show to preclude development at maximum density, the development standard will be modified.

In 2023, Planning Staff continued to encourage housing developers to maximize density; however, rising borrowing rates, coupled with economic uncertainty, are influencing residential developer’s project choices, favoring townhomes over high-density projects.

Program 90
Identify New Housing
Opportunity Sites Created
Through SB 6 and AB
2011
Identify and publicize housing
opportunity sites created through SB 6
and AB 2011.

Within 24 Months
To fulfill Program 40 requirements and comply with the State’s No Net Loss Law, the Planning Division, as part of the Long-Range Work Program, will identify and publicize housing-eligible sites under SB 6 and AB 2011. It is anticipated that the exercise will comprise GIS mapping tools to overlay commercially zoned parcels with the criteria outlined in both bills, pinpointing potential locations. Additionally, collaboration with the other City Departments (i.e., City Attorney’s Office) will ensure due diligence in site selection. Sites identified under SB 6 and AB 2011 will supplement the existing sites inventory to create a comprehensive list that is readily accessible to the public on the City’s webpage. Staff anticipates this to be an ongoing process that will continuously replenish the inventory and guarantee alignment with the evolving housing needs mandated by State law.

Program 91
Audit Warm Springs
Innovation District for
General Plan and Zoning
Consistency
Report on the Warm Springs Innovation
District to ensure consistency between
general plan and zoning. Amend zoning
to correct inconsistencies.

Within 12 Months
On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code to comply with State law and implement the subject program.

Program 92
Midterm AFFH Evaluation
Monitor AFFH programs annually.

Conduct a mid-term evaluation of AFFH
programs and modify strategies as
necessary.

Annually
To ensure the continuous effectiveness of the City’s Affirmatively Furthering Fair Housing (AFFH) programs, the Planning Division will continue to monitor the AFFH programs annually and conduct a mid-term evaluation in 2027. This evaluation will examine the programs’ progress towards achieving both targeted objectives and broader AFFH goals. Planning Staff will make adjustments or enhancements, as necessary, to optimize program effectiveness.

Table D: 12/12

5.B.b
Packet Pg. 208
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Housing Element) Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation
Parcel Size (in
acres) Notes
543 -0256-023-03 4268 Decoto Road Commercial Surplus Land 1.13 543 -0256-022-04 4178 Decoto Road Commercial Surplus Land 8.3 See update reported under Program 63 on Sheet "Table D."
543 -0256-021-00 4194 Decoto Road Commercial Surplus Land 0.16 See update reported under Program 63 on Sheet "Table D."
501 -1800-001-50 Isherwood Way / Barnard Drive Vacant Surplus Land 11 Parcel is 28.58 acres, but only a portion has been declared surplus
507 -0581-010-00 Pickering Ave / Canyon Heights Drive Vacant Surplus Land 2.06 Summary Row: Start Data Entry Below
Parcel Identifier
Table H
Locally Owned Surplus Sites
Table H: 1/1

5.B.b
Packet Pg. 209
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element Update $216,100.00 $338,395.44 REAP Housing Element was certified by HCD on March 22, 2023.

Housing Element Implementation $100,000.00 $65,985.96
Local
General
Fund
The City continues to implement the programs
identified in its 2023‐2031 Housing Element. In
2023, the City fulfilled its commitment by
implementing over two‐dozen programs within 12
months of adoption of Fremont's sixth cycle
Housing Element (excluding annual/on‐going
ADU Outreach $100,500.00 $74,453.08 Other An ADU outreach meeting was held on April 3, 2023.

Citywide Design Guidelines $42,000.00 $0.00 None
On November 14, 2023, the City Council adopted
Resolution 2023‐52, implementing Program 17 of
Fremont’s 2023‐203 Housing Element. To provide a
predictable basis to review housing projects, the
Resolution identified and/or clarified the objective
design standards for the City’s various design
guidelines. Note: As a program of the housing
element, the costs associated with the task were
absored under the housing element
implementation task.

Climate Action Plan Certification $41,400.00 $1,976.79 None Fremont’s updated Climate Action Plan (CAP), titled
Climate Ready Fremont, was adopted by the
Fremont City Council on October 10, 2023.

Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 3
Non-Deed Restricted 24
Deed Restricted 6
Non-Deed Restricted 24
Deed Restricted 3
Non-Deed Restricted 24
108
192
Current Year
Deed Restricted 20
Non-Deed Restricted 24
Deed Restricted 79
Non-Deed Restricted 24
Deed Restricted 0
Non-Deed Restricted 24
169
340
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
271
272
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
500,000.00$
Task Status
Completed
In Progress
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
LEAP Reporting: 1/1

5.B.b
Packet Pg. 210
Attachment: Exhibit B - Housing Element APR Tables (5099 : 2023 Annual Progress Report on the Implementation of the General Plan and