General Plan – Annual Progress Report
CALENDAR YEAR 2023
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
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.
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
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/
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.
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.
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.