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.
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.
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.
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.
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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.
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.
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.
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.
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.
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, 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”.
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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).
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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.