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.
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.
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.
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
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