Agenda packet, first session — Fremont City Council, April 16, 2024 (part 1 of 3)

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
Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs 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
April 16, 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 - April 16, 2024 April 16, 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 April 16, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/82972671682
Meeting ID: 829 7267 1682
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.

April 16, 2024 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 16, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

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. SAFE SOFTWARE LOCAL GOVERNMENT AGREEMENT RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing and Amending Documents with Safe Software Inc., for the Annual Software License of the FME Geospatial Extract, Transform and Load Software Solution.

Contact Persons:

Name: Sanford Taylor John Leon
Title: IT Director GIS Manager
Dept: Information Technology
Services
GIS
Phone: 510-494-4802 (510) 494-4831
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager, or her designee, to issue a purchase order and to execute implementing and amending documents with Safe Software Inc. for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the amount not-to-exceed $160,000 for a 5-year term.

D. ENVIRONMENTAL CONSULTING SERVICES - Approval of Agreements for On-Call Environmental Consulting Services each in the amount of $1,250,000 per Agreement with LSA Associates, EMC Planning Group, and Montrose Environmental; Make Finding of CEQA Exemption
April 16, 2024 Fremont City Council Page 4
Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Approve and authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. LSA Associates, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

2. EMC Planning Group, for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

3. Montrose Environmental, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

4. Find that the actions are exempt from environmental review as a separate and independent base 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).

E. HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT AMENDMENT - Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount by $150,000 from $1,255,120 to $1,405,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.

Contact Persons:

Name: Kathleen Cote-Guarnieri
Title: Environmental Services
Manager
Dept: Environmental Services
Phone: 510-494-4583
E-Mail: [email protected]
RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to execute a contract amendment with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services to increase the not-to-exceed contract amount from $1,255,120 to $1,404,120 and include a City option to extend the agreement from June 30, 2024 to August 31, 2024.

2. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304 (Minor Alterations to Land) and Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

F. WALNUT AVENUE BIKEWAY IMPROVEMENTS - Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $500,576 (Including 20% Contingency), for Design Services for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; Make Findings of CEQA Exemption.

Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
April 16, 2024 Fremont City Council Page 5
RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvements Project (PWC9100A):

1. Authorize the City Manager or designee to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $500,576 for design services.

2. Reallocate $347,000 from PWC9041-515 and appropriate it to PWC9100-515.

3. Reallocate $100,000 from PWC9041-531 and appropriate it to PWC9100-531.

G. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING FREMONT MUNICIPAL CODE SECTION 2.05.060 (COMPENSATION OF

MAYOR AND COUNCILMEMBERS) TO ADJUST THE SALARIES OF THE MAYOR

AND COUNCIL MEMBERS
RECOMMENDATION: Adopt ordinance amending the Fremont Municipal Code to authorize an increase in the salary of the City Councilmembers to $2,602.56 per month and of the Mayor to $4,623.83 per month, effective after the new City Council is seated following the election of November 5, 2024.

3. Ceremonial Items
A. Proclamation: Fair Housing Month, April 2024
B. Proclamation: Victim/Witness Assistance Division, Alameda County DA C. Proclamation: 41st Annual National Night Out, August 6, 2024

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. FREMONT HUB MIXED-USE APPEAL – 39150 Argonaut Way – PLN2024- 00128 – Public Hearing (Published Notice) to consider a third-party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2022-00487) to allow a proposed mixeduse development consisting of a freestanding 13,000-square-foot retailpharmacy building with a drive-through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retailcommercial space at 39150 Argonaut Way in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA April 16, 2024 Fremont City Council Page 6
Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Contact Persons:

Name: Mark Hungerford Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the proposed project is in conformance with the relevant provisions of the City’s General Plan, including the goals and objectives set forth in the Land Use, Community Plans, Housing Element, and Safety Chapters of the General Plan.

3. Adopt a Resolution denying the Appeal, adopting findings, and approving Discretionary Design Review Permit PLN2022-00487, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”

4. Approve the proposed removal and mitigation of sixty-two (62) private protected trees pursuant to the City’s Tree Preservation Ordinance.

B. GATEWAY PLAZA APARTMENTS APPEAL – 39160 Paseo Padre Parkway – PLN2024-00129 – Public Hearing (Published Notice) to consider a third party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2023-00198) to allow a proposed five-story, 206-unit apartment building within the Gateway Plaza Shopping Center at 36190 Paseo Padre Parkway in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and a finding that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Contact Persons:

Name: Mark Hungerford Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:

1. Hold public hearing.

3. Adopt a Resolution denying the Appeal, adopt findings, and approve Discretionary Design Review Permit PLN2023-00198, as shown in Exhibit “A,” based on findings and subject to the conditions of approval provided in Exhibit “B.”

4. Approve the proposed removal and mitigation of thirty-six (36) private protected trees pursuant to the City’s Tree Preservation Ordinance.

April 16, 2024 Fremont City Council Page 7

6. Other Business

7. Items Referred by Councilmembers
A. Councilmember Referrals
B. Appointments to Boards, Commissions, Committees
C. Legislative Actions
D. Report on Committee Assignments

8. Adjournment
April 16, 2024 Fremont City Council Page 8
April 16, 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 ARB Art Review Board Association
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
DEIR Draft Environmental Impact Report Resolution Ordinance DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET Southern Alameda County Narcotics EDAC Economic Development Advisory Enforcement Task Force 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 April 16, 2024 Fremont City Council Page 10
UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 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: 04/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5106) DOC ID: 5106
Updated: 4/11/2024 3:59 PM by Dina Lewis Page 1
SAFE SOFTWARE LOCAL GOVERNMENT AGREEMENT RENEWAL - Authorize the City Manager, or her Designee, to Issue a Purchase Order and to Execute Implementing and Amending Documents with Safe Software Inc., for the Annual Software License of the FME Geospatial Extract, Transform and Load Software Solution.

Contact Persons:

Name: Sanford Taylor John Leon
Title: IT Director GIS Manager
Div/Dept: Information Technology Services IT Services
Phone: 510-494-4802 (510) 494-4831
E-Mail: [email protected] [email protected]
Executive Summary: The City’s Safe Software Local Government Subscription Agreement, expires on April 22, 2024. Staff is recommending that the City Council authorize the City Manager, or her designee, to issue a purchase order and to execute implementing and amending documents with Safe Software Inc., for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the amount not-to-exceed $160,000 for a 5-year term.

BACKGROUND: The City of Fremont entered into a 3-year Safe Software Local Government Subscription Agreement in 2021. Before 2021, FME tools have been in use by the City since 2006. The amendment to the agreement for a 5-year term extension exceeds $100,000 and requires City Council approval.

DISCUSSION/ANALYSIS: With the Safe Software Local Government Subscription Agreement, the City has gained access to products called Feature Manipulation Engine (FME) Form and FME Flow. FME is primarily a Geospatial Extract, Transform, and Load (ETL) tool. FME is extensively used in department applications for Public Safety (Fire and Police), Community Development, Human Services, Information Technology Services, Community Services, and Public Works.

Software license renewal is exempt from competitive purchasing requirements pursuant to Fremont Municipal Code section 3.20.280(c).

FISCAL IMPACT: Funds are appropriated for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the Information Technology Services Department Operating Fund FY 2023/24 operating budget (Fund 620). Funding for subsequent years will be requested as part of the City’s annual budget process.

ENVIRONMENTAL REVIEW: The renewal of computer software licenses 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 as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

2.C
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Council Staff Report (ID # 5106) Meeting of April 16, 2024 Updated: 4/11/2024 3:59 PM by Dina Lewis Page 2
ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or her designee, to issue a purchase order and to execute implementing and amending documents with Safe Software Inc. for the Annual Software License of the FME Geospatial Extract, Transform, and Load Software Solution in the amount not-to-exceed $160,000 for a 5-year term.

2.C
Packet Pg. 12
Fremont City Council Meeting: 04/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5133) DOC ID: 5133
Updated: 4/11/2024 4:06 PM by Dina Lewis Page 1
ENVIRONMENTAL CONSULTING SERVICES - Approval of Agreements for On-Call Environmental Consulting Services each in the amount of $1,250,000 per Agreement with LSA Associates, EMC Planning Group, and Montrose Environmental; Make Finding of CEQA Exemption
Contact Persons:

Name: Mirabel Aguilar Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4761 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the procurement of environmental consulting services as needed to support the timely development of projects funded through the City’s Capital Improvement Program (CIP).

BACKGROUND: On-call consultant service 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 this agreement will address Capital Improvement Program (CIP) projects, such as parks and public works projects, to be undertaken in the next five years, all of which will require environmental review. These agreements will allow the City to obtain environmental clearance for public projects, ensuring compliance with applicable laws and regulations.

DISCUSSION/ANALYSIS: In February 2024, the City solicited proposals for On-Call Environmental Consulting Services. The selected consultants will work under a five-year Master Service Agreement.

Eleven proposals were received from environmental consulting firms, listed alphabetically:

David J. Powers and Associates, EMC Planning Group, LSA Associates, M Group, Montrose Environmental, Moore lacofano Goltsman, PlaceWorks, Rincon Consultants, SLR International Corporation, Terraphase Engineering, and TRC Solutions, Inc.

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

Based on the results of the evaluation process, staff recommends authorizing the approval of master agreements with LSA Associates, EMC Planning Group, and Montrose Environmental for professional environmental consulting services, in the not-to-exceed amount of $1,250,000 over a period of five years.

FISCAL IMPACT: All task order work issued, and work performed by consultants under the on-call Master Service Agreement will be restricted to the funds appropriated and available for the specific project for which the work is required.

2.D
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Council Staff Report (ID # 5133) Meeting of April 16, 2024 Updated: 4/11/2024 4:06 PM by Dina Lewis Page 2
ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement 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 the contract 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 that the consultant will provide services for 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. LSA Associates, Inc. for on-call environmental consulting services for a total not-toexceed compensation of $1,250,000 for five years.

2. EMC Planning Group, for on-call environmental consulting services for a total not-toexceed compensation of $1,250,000 for five years.

3. Montrose Environmental, Inc. for on-call environmental consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

2.D
Packet Pg. 14
Fremont City Council Meeting: 04/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5136) DOC ID: 5136
Updated: 4/11/2024 4:13 PM by Dina Lewis Page 1

HOMELESS ENCAMPMENT AND ILLEGAL DUMPING ABATEMENT CONTRACT AMENDMENT - Amend Contract for Homeless Encampment and Illegal Dumping Abatement Services with Art Cuevas Landscaping to Increase the Total Contract Amount by $150,000 from $1,255,120 to $1,405,120 and Find that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15304 and 15307.

Contact Persons:

Name: Kathleen Cote-Guarnieri
Title: Environmental Services Manager
Div/Dept: Environmental Services
Phone: 510-494-4583
E-Mail: [email protected]
Executive Summary: The City contracts with Art Cuevas Landscaping services for weekly homeless encampment abatement services. The City determines the abatement schedule and has the flexibility to adjust abatement days and sites based on field conditions. In response to increasing community demand, effective October 2023, encampment abatements were expanded from two days per week to 2.5 days per week with an enhanced cleanup scheduled at one of the City’s seven largest and continuously populated sites approximately every seven weeks. Staff is recommending increasing the not-to-exceed contract amount to reflect the increase in abatement days.

This contract has been in place for nearly five years and is set to expire June 30, 2024.

Consistent with City purchasing policy, staff will be initiating an RFP process to ensure abatement services continue after the current contract expires. Staff is recommending the amendment include a contingency for July and August 2024 cleanups that can be used at the City’s discretion. This would ensure there is no interruption in abatement cleanups even if a new contract is not in place prior to July 1.

Staff is recommending the City Council authorize the City Manager, or designee, to execute an amendment to the City’s contract with Art Cuevas Landscaping for homeless encampment and illegal dumping abatement services to increase the contract $150,000 from $1,255,120 to $1,404,120. This increase is necessary to continue providing the existing level of weekly abatement services of 2.5 days per week through June 30, 2024 and provides a contingency for July and August 2024 cleanups to safeguard against any disruption in service.

This increase would be funded through the Integrated Waste Management Fund and there would be no General Fund impact. There is adequate Integrated Waste Management budget, so no additional budget appropriation is necessary.

BACKGROUND: Fremont’s storm drain system, like most Bay Area cities and counties, is regulated by a National Pollutant Discharge Elimination System (NPDES) Permit, issued by the San Francisco Regional Water Quality Control Board. This permit, commonly referred to as the Municipal Regional Permit (MRP), imposes requirements intended to reduce impacts

2.E
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Council Staff Report (ID # 5136) Meeting of April 16, 2024 Updated: 4/11/2024 4:13 PM by Dina Lewis Page 2
to water quality from urban runoff. The MRP includes obligations to implement actions to prevent trash and debris from entering the City’s waterways and meet trash reduction targets specified in the permit. The permit also includes requirements to prevent adverse water quality impacts from illegal dumping and homeless encampments.

To preserve the public health and safety and comply with obligations the City has under the MRP, City staff monitor over 200 previously or currently active homeless encampment sites throughout Fremont. Approximately 25-30% of sites are active at any given time. Staff also monitors sites prone to illegal dumping. These sites are assessed and on average 25-30 locations are addressed in each week’s abatement schedule.

Homeless encampment and illegal dumping abatements were initially conducted one to two days every two weeks but have increased as the City’s homeless population and need for additional abatement services has expanded.

DISCUSSION/ANALYSIS: In response to evolving field conditions and community complaints, encampment abatement was increased from 2 days per week to 2.5 days per week starting October 2023. Enhanced cleanups have also been scheduled approximately every 7 weeks and typically also include Police Department and Mobile Evaluation Team (MET) intervention, vehicle towing, burned vehicle and illegal structure dismantling, and large quantities of debris removal.

The increased abatement activity has increased contract costs, which include total manhours paid at prevailing wage rates, disposal costs for debris removed, and fees for specialized equipment needed for burned vehicle or illegal structure dismantling.

Under the current contract terms, the City establishes the scheduling, location, and scope of abatement activities. The recommended contract amendment will increase funding to continue the City’s current level of abatement activity through June 30, 2024, with a City option to extend through August 2024 if needed. The total recommended increase is $150,000, which would increase the contract not-to-exceed from $1,255,120 to $1,404,120.

The amendment would not modify the obligations of the parties, which are described below.

The contractor duties and responsibilities would continue to include the following services on a weekly schedule:
• Clean-up duties of trash removal, dismantling of makeshift structures, and removal of inhibiting vegetation;
• Providing labor, materials, tools, equipment, personnel, transportation, and supervision of workers;
• Coordination with City on site-by-site basis to determine work order for each encampment clean-up;
• Removal of debris and self-hauled materials for disposal to the Fremont Recycling and Transfer facility; and
• Work to be performed under the Agreement is subject to State prevailing wage and labor law and contractor must be registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5.

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The City’s responsibilities would continue to include:
• Surveying homeless encampment sites and illegal dumping sites to determine site conditions and schedule site(s) for clean-up;
• Tagging and posting at homeless encampment sites with the “Notice of Cleanup” notice placards that provides a minimum of a 72-hour notice; • Police MET team assistance at some locations during both postings and abatements; • Notifying contractor with clean-up project notifications that include detail and relevant information;
• Photographing posted notices, and before and after the clean-ups; • Providing and coordinating any safety requirements for road closures in accordance with OSHA safety regulations on an as-needed basis to safely remove debris at sites; and
• Inspecting the homeless encampment sites on public property to determine personal property observed and removed, and follow the “Policy on Unattended Property located on Public Property or R-O-W.”
FISCAL IMPACT: The increased funding is allocated from the Integrated Waste Management Fund (Fund 115). This ongoing need for abatement services was incorporated into the 2024/25 solid waste collection rates. There is adequate funding available in the approved 2023/24 Integrated Waste Management budget and anticipated abatement costs have been incorporated into the 2024/25 budget submittal. There is no General Fund impact.

ENVIRONMENTAL REVIEW: The proposed abatement of homeless encampment and illegal dumping waste is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15304 as the project consists of trash removal with possible minor alterations to land or vegetation that will result in improvement of habitat for fish and wildlife resources and Guideline 15307 as the cleanups will protect the City’s waterways from trash and other discharges in to the waterways and other water resources.

ATTACHMENTS: None.

RECOMMENDATIONS:

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Fremont City Council Meeting: 04/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5137) DOC ID: 5137
Updated: 4/12/2024 10:43 AM by Dina Lewis Page 1
WALNUT AVENUE BIKEWAY IMPROVEMENTS - Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $500,576 (Including 20% Contingency), for Design Services for the Walnut Avenue Bikeway Phase 2 Improvement Project (PWC9100A); Appropriation Actions; Make Findings of CEQA Exemption.

Contact Persons:

Name: Edelzar Garcia Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4781 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the design of bikeway and streetscape improvements along Walnut Avenue between Paseo Padre Parkway and Fremont Boulevard. Using grant funding from Alameda County Transportation Commission (for design) and BART (for construction), the Project will further extend the Walnut Avenue bikeway from the Fremont BART Station area into the City’s Downtown/City Center area.

BACKGROUND: The Fremont Bike Master Plan includes the development of a high-quality urban bikeway network along the Walnut Avenue and Fremont Boulevard corridors to connect jobs, housing, retail, regional transit, and other services in the Downtown and City Center area, as well as connecting with the Centerville and Irvington communities. The corridors are designated as Priority Development Areas for infill urban development, including affordable housing. When fully improved, these corridors will include a bikeway that is physically separated from vehicle traffic, along with enhancements for pedestrian safety, repair of damaged sidewalks and pavement, modernization of traffic signals, upgraded bus transit stops, and landscaping for visual beautification. Improvement to the “Walnut/Fremont” corridors is aligned with regional plans approved by the Metropolitan Transportation Commission (MTC) and the Alameda County Transportation Commission (ACTC).

In summary, the past and current projects in the Walnut Avenue and Fremont Boulevard corridors are as follows:

Location Status
Walnut Avenue Bikeway (Phase 1) – Mission
Boulevard to Paseo Padre Parkway
Completed in 2020
Walnut Avenue Bikeway (Phase 2) – Paseo
Padre Parkway to Fremont Boulevard
Grants allocated for design (by ACTC)
and construction (by BART)
Fremont Boulevard Multimodal Corridor –
Country Drive to Mission View Drive
Grants allocated for design (by ACTC)
and construction (by BART)
On September 19, 2023, the City Council accepted a $1,100,000 grant from ACTC for designing both the Fremont Boulevard and Walnut Avenue Bikeway (Phase 2) Improvement

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Council Staff Report (ID # 5137) Meeting of April 16, 2024 Updated: 4/12/2024 10:43 AM by Dina Lewis Page 2
Projects (PWC 9100). This grant requires local matching funds for which a funding transfer in the amount of $347,000 is recommended in this staff report. Additional funding in the amount of $100,000 is needed for City staff project management expenses. The source of funds is proposed from the Regional Projects Funding Match (PWC9041) appropriation established in the adopted Capital Improvement Program to support grants. It is noted that on October 17, 2023, the City Council accepted a $1,500,000 grant from BART from the “Safe Routes to BART” program for the construction phase of Walnut Avenue Bikeway Improvement Project. Construction is anticipated to begin in Spring/Summer 2025 with completion scheduled by December 2025.

For the related Fremont Boulevard Multimodal Corridor Project (Country Drive to Mission View Drive), staff is currently in the process of selecting a design consultant for the project and grant funding for construction has been announced by BART. Future Council actions to advance the Fremont Boulevard project will be brought forward by staff later this year.

DISCUSSION/ANALYSIS: On January 29, 2024, the City issued a Request for Proposals (RFP) for design services for the Walnut Avenue Bikeway Phase 2 Improvement Project. Five proposals were received on February 29, 2024, from the following firms, listed alphabetically: BKF Engineers, CSW/Stuber-Stroeh Engineering Group, Inc., Kimley-Horn and Associates, Inc., LCC Engineering & Surveying, Inc., and MNS Engineers, Inc. The proposals were evaluated by a selection panel comprised of City staff based on criteria that included relevant experience, project understanding, overall project approach, and project delivery schedule. Interviews were conducted on March 22, 2024, with two firms, KimleyHorn and Associates and LCC Engineering & Surveying. The consultant team led by KimleyHorn and Associates, Inc., was selected as the top-ranked firm based on qualifications and experience on similar projects.

FISCAL IMPACT: The Consultant fee for the design of the Walnut Avenue Bikeway Improvement Project is $415,576 with an additional $85,000 of contingency for a total fee amount of $500,576. In addition, staff recommends transferring funds at this time to support project grant matching requirements and for staff management expenses to include: reallocating $347,000 in Fund 515-Measure BB, and $100,000 in Fund 531-Traffic Impact Fee from Regional Projects Funding Match (PWC9041) to PWC9100. With the approval of the recommended reallocation of funds to the project, there will be sufficient funds for the ACTC grant, the design consultant contract, and to cover staff time for the Walnut Avenue Bikeway Project.

ENVIRONMENTAL REVIEW: Environmental review is not required because award of this agreement 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 the contract 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. Appropriate environmental review will be prepared for this project as part of the professional services provided with this service agreement.

ATTACHMENTS: None.

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RECOMMENDATION: Approval of the following actions related to the Walnut Avenue Bikeway Phase 2 Improvements Project (PWC9100A):

1. Authorize the City Manager or designee to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $500,576 for design services.

2. Reallocate $347,000 from PWC9041-515 and appropriate it to PWC9100-515.

3. Reallocate $100,000 from PWC9041-531 and appropriate it to PWC9100-531.

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Fremont City Council Meeting: 04/16/24 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Appeals

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5120) DOC ID: 5120
Updated: 4/12/2024 9:19 AM by Dina Lewis Page 1
FREMONT HUB MIXED-USE APPEAL – 39150 Argonaut Way – PLN2024-00128 – Public Hearing (Published Notice) to consider a third-party Appeal of the Planning Commission’s decision to deny a third-party Appeal and uphold the Zoning Administrator’s approval action of a Discretionary Design Review Permit (under PLN2022-00487) to allow a proposed mixed-use development consisting of a freestanding 13,000-square-foot retail-pharmacy building with a drive-through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail-commercial space at 39150 Argonaut Way in the Central Community Plan Area; and an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Contact Persons:

Name: Mark Hungerford Joel Pullen
Title: Senior Planner Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4541 510-494-4436
E-Mail: [email protected] [email protected]
Executive Summary: This item is to consider a third-party Appeal of the Planning Commission’s February 22, 2024 action to deny a previous third-party Appeal and uphold the Zoning Administrator’s December 12, 2023 approval of the Fremont Hub Mixed-Use project, a proposed mixed-use development at the northern corner of the Fremont Hub shopping center consisting of a new 13,000-square-foot retail-pharmacy building and a sixstory mixed-use building containing 314 market-rate apartment units and 14,157 square feet of ground floor retail-commercial space. Both the Appeal upheld by the Planning Commission and the subject Appeal were filed by Adams Broadwell Joseph & Cardozo on behalf of East Bay Residents for Responsible Development (Appellant).

The project is designed to meet all applicable objective General Plan and zoning standards and thus is afforded protection under the State’s Housing Accountability Act (HAA). Per the HAA, an objectively compliant project may not be disapproved or conditioned in such a way as to require development at a lower density unless written findings supported by a preponderance of the evidence shows that the housing development project would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the identified adverse impact other than by disapproving the housing project or imposing conditions that require development at a lower density.

BACKGROUND
Zoning Administrator Hearing

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On December 12, 2023, the Fremont Hub Mixed-Use project (PLN2022-00487) was presented at a noticed Zoning Administrator public hearing (Informational Item No. 1 – Zoning Administrator Staff Report). Following a presentation from staff that included a project approval recommendation and testimony from the applicant’s legal counsel, five members of the public spoke on the item. Of the public speakers, four were opposed to the project and one was in favor of the project. In addition to those speakers who raised concerns about the project’s potential to negatively impact area traffic and public safety, the Appellant challenged staff’s finding that the project is not subject to further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183, and that subsequent CEQA documentation is not needed pursuant to CEQA Guidelines Section 15162 and 15164 (Informational Item No. 2 – CEQA Environmental Consistency Checklist). After considering testimony and the whole of the record, the Zoning Administrator approved the project, as conditioned (Informational Item No. 3 – December 12, 2023 Zoning Administrator Hearing Minutes).

On December 21, 2023, within the post-action 10-day appeal period, the Appellant filed a qualifying third-party Appeal of the Zoning Administrator’s approval action (Informational Item No. 4 – Appellant’s Zoning Administrator Appeal Letter).

Planning Commission Hearing
On February 22, 2024, the Planning Commission held a noticed public hearing to consider the Appellant’s original Appeal (Informational Item No. 5 – Planning Commission Staff Report). Of the four members of the public who spoke on the item, two spoke in support of the project, one spoke in opposition to the project, and one provided general commentary on construction-related matters. Questions from the Planning Commissioners related to the scope of the project, project CEQA impacts, and project consistency with applicable General Plan noise thresholds were responded to by Planning staff and staff’s environmental consultant, Scott Gregory of Lamphier-Gregory, who prior to the hearing had prepared an Appeal response letter defending staff’s CEQA analysis of the project (Informational Item No. 6 – Zoning Administrator Appeal Response Letter). Additional responses were provided by Michael Strahs representing Kimco Realty, the project applicant, and Bryan Wenter, the applicant’s legal representative. A motion to uphold the Zoning Administrator’s approval action and deny the Appeal passed 6-0-1 (Informational Item No. 7 – February 22, 2024 Planning Commission Hearing Minutes).

On March 1, 2024, within the post-action 10-day appeal period, the Appellant filed a second Appeal (Informational Item No. 8 – Appellant’s Planning Commission Appeal Letter).

Appeal to the City Council
The Appellant’s Appeal to the City Council requests that the City Council overturn the Planning Commission’s decision to approve the project. As detailed in Informational Item No. 8, the Appellant makes several assertions that they believe justify reversal of the Planning Commission’s decision. These points are outlined below.

1. The City’s decision to not prepare a subsequent Environmental Impact Report (EIR) pursuant to CEQA Guidelines Sections 15162 and 15164 was not supported by substantial evidence;

2. The City lacks substantial evidence to support approval of the project under CEQA Guidelines Section 15183; and

3. The City cannot make the necessary findings to approve the project’s entitlements.

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ANALYSIS OF APPEAL AND APPLICANT’S JUSTIFICATION

1. The City’s decision to not prepare a subsequent Environmental Impact Report (EIR) pursuant to CEQA Guidelines Sections 15162 and 15164 was not supported by substantial evidence.

The Appellant argues that the specifics of the Fremont Hub Mixed-Use project were not known and could not have been known at the time of the General Plan Update EIR’s preparation in 2011. They assert that feasible mitigation measures and alternatives which are different from those identified in the General Plan Update EIR including use (during project construction) of Tier 4 engines, ultra-low-sulfur diesel, electric generators, and truck idling reduction measures, would substantially reduce project impacts on the environment.

Analysis: Pursuant to CEQA Guidelines Section 15186, the Fremont General Plan Update EIR is a “Program” EIR. The General Plan Update’s programmatic EIR analyzed the potential environmental impacts of the General Plan as a whole. Future projects consistent with the General Plan in land use, intensity, and other applicable areas are to be examined to determine whether an additional environmental document for the project is needed. As detailed in Informational Item No. 2, the project was analyzed to determine if it would result in any significant impacts that are peculiar to the project and its site that were not previously identified in the General Plan Update EIR. The consistency checklist prepared for the project found that there is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR. The proposed project would result in no new significant effects, on-site, off-site or cumulative, and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR. As such, a subsequent EIR is not required pursuant to CEQA Guidelines Sections 15162 and 15164.

Mitigation measures recommended by the Appellant for construction equipment emissions control would be implemented by the City’s standard development requirements contained in Fremont Municipal Code (FMC) Section 18.218.050(a). These standard development requirements are universally applied to projects that have the potential to generate adverse impacts. For air quality, the requirements specifically target grading and demolition activities and include the following:
• Idling time of diesel-power equipment restricted to no more than two minutes; • Production of a plan that demonstrates 50+ horsepower off-road equipment to be used achieve a project-wide average 20 percent nitrogen oxide (NOx) and 45 percent particulate matter (PM) reduction compared to the most recent Air Resources Board fleet average standards;
• Use of best available control technology for NOx and PM emission reductions to be used in all construction equipment, diesel trucks, and generators; and • Use of equipment that meets the Air Resources Board’s most recent certification standards for off-road heavy-duty diesel engines.

2. The City lacks substantial evidence to support approval of the project under CEQA Guidelines Section 15183.

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The Appellant argues that use of project streamlining under CEQA Guidelines Section 15183 is inappropriate for a variety of reasons, including the fact that the specific project and its specific impacts were not known in 2015, when the City Center Community Plan was adopted, and that project construction noise and vibration impacts were underestimated.

Analysis: The City Center Community Plan was adopted by the City Council in May 2015.

The Community Plan implements the General Plan, which was last comprehensively updated in December 2011 in a process that included preparation and certification of an EIR. As described in Informational Item No. 5, the project is consistent with the City Center Community Plan and the applicable standards of the City Center District. Clearly, the specifics of the subject project were not known and could not have been known at the time General Plan Update EIR certification. CEQA Guidelines Section 15183 contemplates that a specific project occurring later in time, post-certification, will be evaluated for its consistency with the prior CEQA document. That evaluation has occurred, and findings that the project would have a less than significant impact on the environment, thus supporting the use of CEQA Guidelines Section 15183 streamlining, have been made and are supported by substantial evidence in the record.

Per the Safety Chapter of the General Plan, temporary construction noise levels are exempt from compliance with noise standards provided construction operations occur within the hours specified within the noise ordinance and the noise-related standard development requirements of FMC Section 18.218.050(g) are implemented. Adherence to the construction hours regulations and implementation of the standard development requirements would reduce noise impacts to a level that is less than significant.

Construction noise therefore does not present an exception to the project’s CEQA streamlining. Furthermore, in accordance with FMC Section 18.218.050(c), the project would be subject to review and approval of a construction management plan prior to construction commencement. The plan must contain measures to minimize constructionperiod impacts, including impacts related to ground vibration, which may include vibrationrelated best practice measures identified as mitigation in the General Plan Update EIR. As a result, project groundborne vibration impacts would be less than significant and thus not prohibit use of streamlining for the project.

3. The City cannot make the necessary findings to approve the project’s entitlements.

The Appellant argues that the project’s Discretionary Design Review Permit findings cannot be made because significant air quality and noise impacts will render the project detrimental to public health, safety, or welfare.

Analysis: There is substantial evidence in Informational Item No. 2 and the administrative record demonstrating that project impacts related to air quality, noise, and other matters of public health, safety, or welfare will be less than significant.

PROJECT FINDINGS
Please see Informational Item No. 5 for project description details and associated staff analysis that supports the following findings for project approval:

Discretionary Design Review Permit

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Council Staff Report (ID # 5120) Meeting of April 16, 2024 Updated: 4/12/2024 9:19 AM by Dina Lewis Page 5
Pursuant to FMC Section 18.235.060, in order to approve a Discretionary Design Review Permit, the approval authority must make the following findings applicable to the project:
(a) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines.

Analysis: The proposed project is designed in conformance with the requirements of the Commercial – City Center designation of the General Plan, 2023-31 Housing Element, the City Center Community Plan, and City Center District zoning with respect to site planning, massing, architecture, and other urban design characteristics. As a relatively compact mixed-use development within a wholly retail-commercial, suburban-style shopping center, the project will provide greater intensity, scale, and diversity of uses in a key location within the City Center, furthering aims of transforming the area into a more walkable, urban district. (b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means.

Analysis: The proposed project is designed in conformance with all applicable objective design rules, as described in the Planning Commission staff report (Informational Item No. 5).
(c) The multifamily residential project’s architectural, site, and landscape design will not be detrimental to the public health or safety; or a nonmultifamily project’s architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare; and Analysis: The proposed mixed-use project, as designed, will not interfere with the use and enjoyment of adjacent developments, nor will it be detrimental to public health, safety, or welfare, as it is compatible in scale and use with development allowances within the City Center District. Additionally, Building Division and Fire Department staff have reviewed the project and found that it can be constructed in conformance with all applicable California Building and Fire Code life safety regulations, thereby minimizing project potential for detrimental impacts to public health, safety, or the welfare of persons or property in the project site’s vicinity. (d) Where HARB review is required, the proposed project is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175.

Analysis: The proposed project does not involve a site within a historical overlay district or one that includes a Register or Register-eligible historic resource. As such, HARB review is not required for the project.

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(a) The proposed removal of 62 protected trees would be consistent with the City’s Tree Preservation Ordinance.

Analysis: The project’s proposed removal of 62 private protected trees is necessary to enable reasonable and conforming use of the property. All trees to be removed cannot be preserved by a reasonably required project redesign. The protected trees that would be lost would be replaced with 232 new trees planted throughout the site in accordance with the applicable provisions of the Landscape Development Requirements & Policies.

CEQA
Pursuant to CEQA Guidelines Section 15162, when an EIR has been certified for a project no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

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Analysis: As documented in the CEQA Environmental Consistency Checklist (Informational Item No. 2) prepared for the project, none of the criteria listed above has occurred. This checklist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed project, which is within the scope of the EIR, and that no further CEQA documentation is required.

ENVIRONMENTAL REVIEW: The City Center Community Plan was adopted by the Fremont City Council in May 2015. The Community Plan implements the General Plan, which was last comprehensively updated in December 2011 in a process that included preparation and certification of an EIR. As described within Informational Item No. 5 (Planning Commission staff report) and detailed in Informational Item No. 2 (CEQA Environmental Consistency Checklist), the project is consistent with the City Center Community Plan and the applicable standards of the City Center District. As such, the project requires no further environmental review in accordance with CEQA Guidelines Section 15183.

Additionally, the project has been found to not trigger subsequent documentation under CEQA Guidelines Sections 15162 as no substantial changes are proposed in the project that would require revisions to the General Plan Update EIR, nor have substantial changes occurred with respect to the circumstances under which the proposed project would be undertaken require revisions to the General Plan Update EIR, nor has new information of substantial importance been identified that would indicate the project would have any new or more significant effects or require new or additional mitigation than what was included in the General Plan Update EIR. The programmatic mitigation measures from the General Plan Update EIR and/or the standard development requirements contained within FMC Chapter

18.218 adequately address the potential environmental effects of the project. The project is thus within the scope of the General Plan Update EIR and no further CEQA documentation is required. The prepared checklist serves as an addendum, in accordance with CEQA Guidelines Section 15164, to the previously certified EIR. Each of the foregoing provides, without limitation, on a separate and independent basis for the no further environmental review finding.

ATTACHMENTS:
• Draft Resolution - Fremont Hub
• Exhibit A - Project Plans
• Exhibit B - Findings and Conditions of Approval
• Informational Item No. 1 - Zoning Administrator Staff Report • Informational Item No. 2 - CEQA Environmental Consistency Checklist • Informational Item No. 3 - Zoning Administrator Hearing Minutes • Informational Item No. 4 - Zoning Administrator Appeal Letter • Informational Item No. 5 - Planning Commission Staff Report • Informational Item No. 6 - Appeal Response Letter
• Informational Item No. 7 - Draft Planning Commission Hearing Minutes • Informational Item No. 8 - Planning Commission Appeal Letter

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Council Staff Report (ID # 5120) Meeting of April 16, 2024 Updated: 4/12/2024 9:19 AM by Dina Lewis Page 8
RECOMMENDATIONS:

1. Hold public hearing.

4. Approve the proposed removal and mitigation of sixty-two (62) private protected trees pursuant to the City’s Tree Preservation Ordinance.

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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 (PLN2024-00128) AND APPROVING A
DISCRETIONARY DESIGN REVIEW PERMIT (PLN2022-00487) FOR THE FREMONT HUB MIXED-USE PROJECT AT 39150 ARGONAUT WAY IN THE CENTRAL COMMUNITY PLAN AREA; MAKING FINDINGS OF CEQA

EXEMPTION AND NO FURTHER ENVIRONMENTAL REVIEW REQUIRED
WHEREAS, Kimco Realty (“Applicant”) applied for a Discretionary Design Review Permit for a mixed-use project within the Fremont Hub shopping center at 39150 Argonaut Way consisting of a freestanding 13,000-square-foot retail-pharmacy building with a drivethrough lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail-commercial space (the “Project”); and WHEREAS, on December 12, 2023, the Zoning Administrator held a duly noticed public hearing and found the Project to be consistent with the General Plan, the City Center Community Plan, and the City Center – Urban Neighborhood zoning district, and found that no further environmental review is required for the Project pursuant to CEQA Guidelines Section 15183 as the Project is consistent with the density established by the General Plan for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and pursuant to CEQA Guidelines Sections 15162 and 15164 as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred, with each of the foregoing providing a separate and independent basis for CEQA compliance; and WHEREAS, on December 21, 2023, Adams Broadwell Joseph & Cardozo on behalf of East Bay Residents for Responsible Development (“Appellant”) submitted a qualifying Appeal of the Zoning Administrator’s approval action of the Project; and WHEREAS, on February 22, 2024, the Planning Commission held a duly noticed de novo public hearing and denied the Appeal (6-0-1), upholding the Zoning Administrator’s prior approval of the Project; and
WHEREAS, on March 1, 2024, the Appellant submitted a qualifying Appeal of the Planning Commission’s action to deny the previous Appeal and uphold the Zoning Administrator’s approval action of the Project; and
WHEREAS, on April 16, 2024, the City Council held a duly noticed de novo public hearing to consider the deliberations by the Planning Commission, and all interested persons who desired to comment on or object to the Project were heard.

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Attachment: Draft Resolution - Fremont Hub (5120 : Fremont Hub Mixed-Use Appeal) Resolution 2024-XX Page 2 of 3

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

SECTION 1. The City Council hereby finds that no further environmental review is required for the Project pursuant to CEQA Guidelines Section 15183, as the Project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred, with each of the foregoing, detailed in Informational Item Nos. 2 (CEQA Environmental Consistency Checklist) and 6 (Appeal Response Letter), providing a separate and independent basis for CEQA compliance, and that this finding reflects the independent judgment and analysis of the City Council.

SECTION 2. The City Council hereby finds that the Project is in conformance with the General Plan, including the goals and policies of the Land Use Element, Housing Element, Community Character Element, Mobility Element, and Community Plans Element, in that the Project converts a portion of what is currently an underutilized suburban-style, legal-nonconforming shopping center into a mixed-use development that carries out the pedestrian character and compact urbanism goals of the Commercial – City Center District, as described in Informational Item No. 5 (Planning Commission Staff Report).

SECTION 3. The City Council hereby finds that, based on the available information, evidence presented at the hearing, and consideration of the above, the Project is consistent with the City Center Community Plan and City Center – Urban Neighborhood zoning district for the reasons described Informational Item No. 5 (Planning Commission Staff Report).

SECTION 4. The City Council hereby denies the Appeal (upholding the Planning Commission’s action to deny the previous Appeal) and approves the Project’s Discretionary Design Review Permit as shown in Exhibit “A,” subject to the findings and conditions of approval contained in Exhibit “B”.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

5.A.a
Packet Pg. 30
Attachment: Draft Resolution - Fremont Hub (5120 : Fremont Hub Mixed-Use Appeal) Resolution 2024-XX Page 3 of 3
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

5.A.a
Packet Pg. 31
Attachment: Draft Resolution - Fremont Hub (5120 : Fremont Hub Mixed-Use Appeal) G0
INDEX
PHASE 1A
ARCHITECTURE:

G1 SITE PLAN - EXISTING
G2 SITE PLAN - PHASE 1A
G3 SITE PLAN - PHASE 1B
G4 AERIAL VIEW 1
G5 AERIAL VIEW 2
G6 VIEW 1
G7 VIEW 2
G8 ELEVATIONS
G9 ELEVATIONS
G10 MATERIAL AND COLOR
LANDSCAPE:

L1.1A PHASE 1A SITE PLAN
L1.2A PLANTING PLAN AND LEGEND
CIVIL:

C1A EXISTING CONDITIONS PLAN
C2A PHASING PLAN
C3A SITE PLAN
C4A PRELIMINARY GRADING PLAN
C5A PRELIMINARY UTILITY PLAN
C6A PRELIMINARY STORMWATER CONTROL PLAN
C7A PRELIMINARY STORMWATER CONTROL PLAN
PHASE 1B
ARCHITECTURE:

A1 PROJECT SUMMARY
A2 VICINITY MAP
A3 SITE PHOTOS
A4 FREMONT HUB VICINITY
A5 PLANNING CODE EXHIBIT
A6 OPEN SPACE DIAGRAM
A7 FIRE ACCESS DIAGRAM
A8 CODE ANALYSIS DIAGRAM
A9 TRASH DIAGRAM
A10 PARKING DIAGRAM
A11 DESIGN CONCEPT DIAGRAM
A12 - A19 3D VIEWS
A20 GROUND LEVEL PLAN
A21 UPPER GARAGE LEVEL & LEVEL 2 PLANS
A22 LEVEL 3-5 PLANS
A23 LEVEL 6 & ROOF PLANS
A24 - A32 TYPICAL UNIT PLANS
A33 MATERIAL BOARD
A34 - A37 ELEVATIONS
A38 SECTIONS
LANDSCAPE:

L1.0B LANDSCAPE NARRATIVE AND IMAGERY
L1.1B GROUND LEVEL SITE PLAN
L1.2B GROUND LEVEL PLANTING PLAN
L1.3B GROUND LEVEL PLANTING PLAN
L1.4B GROUND LEVEL INSPIRATION IMAGES
L1.5B GROUND LEVEL SECTION ELEVATIONS
L2.1B PODIUM LEVEL SITE PLAN
L2.2B PODIUM LEVEL PLANTING PLAN
L2.3B PODIUM LEVEL INSPIRATION IMAGES
L2.4B PODIUM LEVEL SECTION ELEVATIONS
L3.1B ROOFTOP LEVEL SITE PLAN
L4.0B PLANTING LEGEND
L5.1B TREE SURVEY / PRESENTATION PLAN
L5.2B TREE SURVEY / PRESENTATION INVENTORY
L5.3B TREE SURVEY / PRESENTATION INVENTORY
CIVIL:

C1B EXISTING CONDITIONS PLAN
C2B PRELIMINARY GRADING PLAN
C3B PRELIMINARY UTILITY PLAN
C4B PRELIMINARY STORMWATER CONTROL PLAN
C5B PRELIMINARY STORMWATER CONTROL PLAN
C6B PRELIMINARY SIGNING AND STRIPING PLAN
C7B PRELIMINARY CROSS SECTIONS
C8B PRELIMINARY CROSS SECTIONS
C9B PRELIMINARY EASEMENT PLAN
NEW SHEETS:

G11 REQUIRED STOREFRONT EXHIBIT
A39 PLANNING CODE FRONTAGE EXHIBITS
A40 STORAGE DIAGRAM
A41 BIKE PARKING DIAGRAM
G12 SITE PLAN PHASE 1A- EV PARKING EXHIBIT
G13 SITE PLAN PHASE 1A-BIKE PARKING EXHIBIT
C8A PHASE 1A- PRELIM. SIGNAGE/STRIPING PLAN
C9A PHASE 1A- PRELIM. CROSS SECTIONS

FREMONT HUB MIXED USE
PHASES 1A & 1B

DISCRETIONARY DESIGN REVIEW RESUBMITTAL
AUGUST 18, 2023

EXHIBIT A - PROJECT PLANS

FREMONT HUB MIXED-USE
PLN2024-00128 (PLN2022-00487)

CITY COUNCIL HEARING
04/16/2024

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Packet Pg. 32
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

M O W R Y A V E N U E
N.A.P.

Ross
Lane

F R E M O N T B O U L

F R E M O N T B O U L E V A R D
(E)
AT&T
CVS
Staples
Parking
179 spaces
Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Site Plan Existing N
0' 50' 100'
G1

5.A.b
Packet Pg. 33
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) X
13,000 SF
Parking
5 spaces
Parking
46 spaces
Parking
11 spaces
14'
98'-0"
134'-6"
5' 8'-6"
9'
23'-0"
Loading Area
Drive Thru LaneDrive Thru Lane
Entry
Plaza
Sidewalk
14' 11'-6"
Sidewalk
11'-0" 11'-0" 14'-0" 4'-2"
11'-0" 11'-0"
Pharmacy
Main
Entry
Storefront
(3 High Windows)
Service Entry
Drive-thru
Pharmacy Window
99 linear ft of storefront glass provided
(70% x 135' horizontal area of the facade)
18'
Storefront
(2 Full Height Windows)
Trash
58'-0" 135'-0" 130'-9"
323'-9"
(100%)
(42%) (40%) (18%)
R=8'
R=22'
R=22'
R=2.5' 17'
(E) Curb to
be Removed
13'-6"
Storefront
(3 Full Height Windows)
Decorative
Screen wall
(E) Transformer
(E) Bus Stop
Setback
Property Line
(E) Utility Vault
(E) Street Light
(E) Street Light
10'
8 Short-Term
Bikes
4 Long-Term
Bikes
Ross

F R E M O N T B O U L
CVS
Staples

5.A.b
Packet Pg. 34
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) X
13,000 SF
Parking
5 spaces
Parking
46 spaces
Parking
11 spaces
14'
98'-0"
134'-6"
5' 8'-6"
9'
23'-0"
Loading Area
Drive Thru LaneDrive Thru Lane
Entry
Plaza
Sidewalk
14' 11'-6"
Sidewalk
11'-0" 11'-0" 14'-0" 4'-2"
11'-0" 11'-0"
Pharmacy
Main
Entry
Storefront
(3 High Windows)
Service Entry
Drive-thru
Pharmacy Window
99 linear ft of storefront glass provided
(70% x 135' horizontal area of the facade)
18'
Storefront
(2 Full Height Windows)
Trash
58'-0" 135'-0" 130'-9"
323'-9"
(100%)
(42%) (40%) (18%)
R=8'
R=22'
R=22'
R=2.5' 17'
(E) Curb to
be Removed
13'-6"
Storefront
(3 Full Height Windows)
Decorative
Screen wall
(E) Transformer
(E) Bus Stop
Setback
Property Line
(E) Utility Vault
(E) Street Light
(E) Street Light
10'
8 Short-Term
Bikes
4 Long-Term
Bikes
Ross
Lane
N.A.P.

F R E M O N T B O U L

F R E M O N T B O U L E V A R D
Mowry Avenue
Parking
21 spaces
Parking
20 spaces
#788 #787 #786
#781 #782 #783 #784
#780 #779 #778 #777
#776
#789
Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal
N
0' 50' 100'
Site Plan Phase 1B G3
Total Parking: 103 Spaces
Trash

5.A.b
Packet Pg. 35
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Aerial View 1 G4

5.A.b
Packet Pg. 36
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Aerial View 2 G5

5.A.b
Packet Pg. 37
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal View 1 G6

5.A.b
Packet Pg. 38
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal View 2 G7

5.A.b
Packet Pg. 39
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 20414-P50 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub 08 . 18 . 2023
Elevations
North Elevations
West Elevations
Screening wall
G8
Materials
Exterior Cement Plaster
White Paint
to Match MU Building
Exterior Cement Plaster
Light Gray
to Match MU Building
Composite Panel Siding
to Match MU Building
Decorative Screen Wall
BOK Modern
Exterior Cement Plaster
Darker Gray
to Match MU Building
Aluminum Louver
to Match MU Building
12345678
Decorative Wall Scones
to Match MU Building
Metal Canopy / Aluminum Storefront
to Match MU Building
9 Glass Storefront
clear and without reflective glass, frosting,
or dark tint
36' - 0"
4' - 0"
39' - 0"
1 16
148
2 2
3 33
3 357
18'-0"
11'-6"
15'-6"
9 5.A.b
Packet Pg. 40
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 20414-P50 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub 08 . 18 . 2023
Elevations
South Elevations
East Elevations
G9
Materials
Exterior Cement Plaster
White Paint
to Match MU Building
Exterior Cement Plaster
Light Gray
to Match MU Building
Composite Panel Siding
to Match MU Building
Decorative Screen Wall
BOK Modern
Exterior Cement Plaster
Darker Gray
to Match MU Building
Aluminum Louver
to Match MU Building
12345678
Decorative Wall Scones
to Match MU Building
Metal Canopy / Aluminum Storefront
to Match MU Building
9 Glass Storefront
clear and without reflective glass, frosting,
or dark tint
36' - 0"
36' - 0"
33' - 0"
8414
3 2357233
23413
18'-0"
11'-6"
15'-6"
9 5.A.b
Packet Pg. 41
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Material and Color G10
Exterior Cement Plaster
White Paint
to Match MU Building
Exterior Cement Plaster
Light Gray
to Match MU Building
Composite Panel Siding
to Match MU Building
Decorative Screen Wall
BOK Modern
Decorative Wall Scones
to Match MU Building
Metal Canopy / Aluminum Storefront
to Match MU Building
Exterior Cement Plaster
Darker Gray
to Match MU Building
Aluminum Louver
to Match MU Building
1234
6778

5.A.b
Packet Pg. 42
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ PHASE 1 A L1.1A
SITE PLAN SCALE: 1” = 40’- 0” 20’ 40’ 80’
Pharmacy Parking Lot - Per Civil
Proposed Handicap Parking - Per Civil
Screening Planting at Parking Lot Edge
Stormwater Treatment Planting - Per Civil
Pharmacy Drive-Through
Seating Area
Bike Racks - Refer to Bike Parking Diagram
(Sheet A41)
6’ Wide Parking Lot Tree Islands
Existing Bus Stop / Shelter
Bike Lockers
New 14’ Wide Concrete Sidewalk
Street Trees in 5’x10’ Tree Grates (Per City
Standard)
Existing Above Ground Transformer to be
re-installed Underground - Refer to Civil
Drawings (Pending PG&E Approval of
Sub-surface Transformer)
Existing Trees to Remain - Refer to the Tree
Survey / Preservation Plan on Phase 1B
Package, Sheet L5.1B
Legend 12345678
10 11
12 13
149
1 3
4 4
4 4
8 5
6 13
13 12
7 10
11 14
12 2
Existing Valero
-Not A Part
Proposed
Pharmacy

MOWRY AVENUE

FREMONT BOULEVARD
9 9
9 Scale: 1/8”= 1’-0”
Phase 1 B
-Refer to Separate Submittal

SECTION A
Existing Trees
Crape Myrtle
Tag #781-782
Existing Trees
Crape Myrtle
Tag #783-784
Existing Trees
Ash, Modesto
Tag #786-787
Existing Trees
Ash, Modesto
Tag #788-789
Existing Street Light
Existing Transformer to
be subsurface
Existing Utility Vault
(at grade)
Existing Bus Shelter

SECTION A
13 12
CL CL 15’
MIN.
14’
14’

5.A.b
Packet Pg. 43
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ SCALE: 1” = 30’- 0” 15’ 30’ 60’ PLANTING PLAN L1.2A

AND LEGEND
Proposed
Pharmacy

MOWRY AVENUE
13,000 SF
14'
98'-0"
135'-0"
6' 8'
9'
23'-0"
Loading Area
Drive Thru LaneDrive Thru Lane
Entry
Plaza
Sidewalk
6' 8' 7'
Sidewalk
11'-0" 11'-0" 14'-0" 10'-0"
11'-0" 11'-0"
Main
Entry
Storefront
(3 High Windows)
Decorative
Screen wall
Service Entry
Drive-thru
Pharmacy Window
99' linear ft of storefront glass provided
(70% x 135' horizontal area of the facade)
18'
Storefront
(5 Full Height
windows)
Trash
(42%) (40%) (18%)
R=8'
R=22'
#788 #787 #786
#781 #782 #783 #784
#789

VINE PLANTING

SPECIES COMMON NAME SIZE QTY WUCOLS

CONCEPT TREE LIST
GROUND LEVEL- PHASE 1A
Pistacia chinensis Chinese Pistache

SYMBOL SPECIES COMMON NAME SIZE
24" BOX Moderate

QTY WUCOLS
12 SHRUB LISTGROUND LEVEL- PHASE 1A

SPECIES COMMON NAME SIZE WUCOLS
Rosmarinus officinalis
'Huntington Carpet'
Rhaphiolepsis indica 'Clara'
Huntington Carpet
Rosemary
Indian Hawthorn
Baccharis pilularis Coyote Brush
Cycas revoluta
Woodwardia fimbriata
Sago Palm
Giant Chain Fern
QTY
Rhaphiolepsis umbellata 'Minor' Dwarf Yedda Hawthorn
Pennisetum spathiolatum Slender Veldt Grass
Aspidistra elatior Cast-Iron Plant Low
Carex tumulicola
Juncus patens
Berkeley Sedge
California Gray Rush
Rosmarinus officinalis
'Blue Spires'
Rosemary
Low
Low
Low
Trachelospermum japonicum Star Jasmine Moderate
Low
Low
Muhlenbergia rigens
Muhlenbergia capillaris
Deer Grass
Muhley Grass
Low
Low
Low
Polystichum munitum Western Sword Fern Moderate
Moderate
Carex pansa Sand Dune Sedge Moderate
Muhlenbergia rigens Deer Grass Low
Pittosporum tobira Japanese Mock Orange Low

FOREGROUND PLANTING
1 GAL/30" O.C 880

SPECIES COMMON NAME SIZE QTY WUCOLS

MIDGROUND PLANTING
Low
Low
5 GAL/36" O.C 820

SPECIES COMMON NAME SIZE QTY WUCOLS

STORMWATER PLANTING
5 GAL/36" O.C
Moderate
345
"Pidgeon Point"
Existing Trees - Refer to Tree Survey Plan on Phase 1B Package, Lophostemon confertus African Fern Pine 24" BOX 3 Low
Sheet L5.1B and L5.2B 8
Clytostoma callistegiodes
Distictis buccinatoria
Ficus pumila
Magnolia grandiflora 'Little Gem
Parthenocissus tricuspidata
Solanum jasminoides
Trachelospermum jasminoides
5 GAL/PER PLAN. 6
Lavender Trumpet Vine
Red Trumpet Vine
Creeping Fig
Dwarf Southern Magnolia
Boston Ivy
Potato Vine
Star Jasmine
Moderate
Moderate
Moderate
Moderate
Low
Moderate
Moderate
Podocarpus gracilior Brisbane Box 24" BOX
Koelreuteria paniculata Goldentrain Tree 24" BOX
Celtis occidentalis Hackberry 24" BOX Low
Moderate
Moderate
22 SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY. FINAL INFORMATION WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

FOR IRRIGATION NOTES AND MAWA CALCULATIONS PLEASE REFER TO PLATING LEGEND ON PHASE 1B PACKAGE, SHEET L4.0B
IRRIGATION NOTES:

KEY MAP
5’
MIN.

C
L 8’
MIN.
8’
MIN.

C
L
Existing Trees
Crape Myrtle
Existing Trees
Crape Myrtle
Existing Trees
Ash, Modesto
Existing Trees
Ash, Modesto

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Packet Pg. 44
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY EXISTING CONDITIONS PLAN
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
C1A

5.A.b
Packet Pg. 45
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
PHASING PLAN C2A

5.A.b
Packet Pg. 46
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
SITE PLAN C3A

5.A.b
Packet Pg. 47
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
PRELIMINARY GRADING PLAN C4A

5.A.b
Packet Pg. 48
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
PRELIMINARY UTILITY PLAN C5A

5.A.b
Packet Pg. 49
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA

PRELIMINARY STORMWATER

CONTROL PLAN
C6A
LEGEND:

REQUIRED SMP COMPONENTS:

SMM COMPONENTS:

5.A.b
Packet Pg. 50
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA

PRELIMINARY STORMWATER

CONTROL PLAN
C7A
TABLE 1 - PROJECT AND SITE ATTRIBUTES
1 Groundwater elevation (above sea level, highest encoutered) 39 Ft TABLE 2 - DRAINAGE MANAGEMENT AREAS (DMAS) & RECEIVING LANDSCAPE BASED MANAGEMENT MEASURES DMA# TOTAL SF IMPERVIOUS SF LANDSCAPE / PERVIOUS
SF

EFFECTIVE IMPERVIOUS
SF

MINIMUM SURFACE OF

TREATMENT MEASURE

PROPOSED SURFACE

OF TREATMENT

MEASURE

PROPOSED
SIZING
RATIO
SIZING

METHODOLOGY

TYPE OF

MANAGEMENT

MEASURE
SMM# CORRESPONDING

DETAIL(S)
1 19,018 16,751 2,267 16,978 679 735 4.3% 4%

FLOW-THROUGH

PLANTER
SMM-1 1/C6A
2 20,104
15,990
25,773 (FOR PHASE 1A

INCLUDING EXISTING)
24,648 (FOR PHASE 1A
AND FUTURE PHASE 1B)
4,113
4,113 (FOR PHASE 1A

INCLUDING EXISTING)
4,348 (FOR PHASE 1A
AND FUTURE PHASE 1B)
16,401
26,184 (FOR PHASE 1A

INCLUDING EXISTING)
25,059 (FOR PHASE 1A
AND FUTURE PHASE 1B)
656
1,047 (FOR PHASE 1A

INCLUDING EXISTING)
1,002 (FOR PHASE 1A
AND FUTURE PHASE 1B)
1,125 6.8% 4%

FLOW-THROUGH

PLANTER
SMM-2 1/C6A
3 12,474
10,879
12,616 (FOR PHASE 1A

AND IN LIEU OF AREA)
SEE NOTE 3
1,595
1,595 (FOR PHASE 1A

AND IN LIEU OF AREA)
SEE NOTE 3
11,040
12,775 (FOR PHASE 1A

AND IN LIEU OF AREA)
SEE NOTE 3
442
511 (FOR PHASE 1A

AND IN LIEU OF AREA)
SEE NOTE 3
572 4.8% 4%

FLOW-THROUGH

PLANTER
SMM-3 1/C6A
4 1,497
648
5,290 (FOR PHASE 1A

INCLUDING EXISTING)
5,040 (FOR PHASE 1A
AND FUTURE PHASE 1B)
849
849 (FOR PHASE 1A

INCLUDING EXISTING)
925 (FOR PHASE 1A AND
FUTURE PHASE 1B)
733
5,290 (FOR PHASE 1A

INCLUDING EXISTING)
5,374 (FOR PHASE 1A
AND FUTURE PHASE 1B)
29 215 (FOR PHASE 1A

INCLUDING EXISTING)
205 (FOR PHASE 1A AND
FUTURE PHASE 1B)
230 26.3% 4%

FLOW-THROUGH

PLANTER
SMM-4 1/C6A
5 2,602 0 2,701 270 - - - - SELF-TREATING - -
6 2,834 1,429 1,405 1,598 - - - -

UNTREATED, SEE
DMA 3 AND NOTE 3
- -
TOTAL 58,529 45,698 12,831 - - 2,662 - - - - -

5.A.b
Packet Pg. 51
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A1 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

PROJECT SUMMARY

A R C H I T E C T S
N
N.T.S.

FREMONT HUB MIXED USE
Fremont, CA 05-26-2022
Kimco realty PROJECT SUMMARY A-0.0
TCA# 2021-020

PROJECT DESCRIPTION PROJECT TEAM PROJECT SUMMARY
DEVELOPER:

Fremont Retail Partners, LP
15 Southgate Ave, #201
Daly City, CA 94015
Contact: Mark Rickards
[email protected]
ARCHITECT:

TCA Architects
1111 Broadway, Suite 1320
Oakland, CA 94607
Contact: Lisa Majchrzak
[email protected]
P: 510.545.4222
www.tca-arch.com
LANDSCAPE ARCHITECT:

EPT DESIGN
14988 Sand Canyon Ave, #8
Irvine, CA 92618
Contact: Steve Burkel
[email protected]
CIVIL ENGINEER:

BKF Engineers
255 Shoreline Dr, Suite 200
Redwood City, CA 94065
Contact: Jonathan Tang
[email protected]
PROJECT DESCRIPTION:

PROJECT ADDRESS:

FREMONT BLVD. AND MOWRY AVE. , FREMONT, CA
501-976-12
LOT AREA:
+-5.84 ACRES
LIMIT OF WORK AREA= 255,135 SF
BUILDING CODE:

APPLICABLE CODES :

DRAWINGS SUBMITTED FOR BUILDING PERMIT APPLICATION TO COMPLY

WITH GOVERNING BUILDING CODES AT THE TIME OF BUILDING
APPLICATION. CURRENT GOVERNING CODES ARE CBC 2022, CMC 2022, CPC 2022, CEC 2022, CENC 2022, ETC... INCLUDING CITY LOCAL AMENDMENTS: CITY OF FREMONT LOCAL BUILDING ORDINANCE #11-2022; CITY OF FREMONT LOCAL FIRE ORDINANCE #12-2022.

CONSTRUCTION TYPE:

FLOORS 1-2 TYPE IA- SPRINKLERED NFPA-13
FLOORS 3-7 TYPE IIIA-SPRINKLERED NFPA-13
PODIUM BUILDING:
5 STORY TYPE IIIA OVER 2-STORY TYPE IA PER CBC 510.5
HORIZ. BUILDING SEPARATION:
3-HR. FIRE RATED TYPE IA CONCRETE SLAB COMPLYING WITH CBC 510.2 REQUIREMENTS.

OCCUPANCY CLASSIFICATION/SUMMARY
L1-7 R-2 RESIDENTIAL UNITS
L1 M/B RETAIL/COMMERCIAL
L1,2 S-2 GARAGE
L1,3,7 B LEASING, LOBBY, ROOF LOUNGE
L3 A-3 FITNESS CENTER, CLUB ROOM
VICINITY MAP: (not to scale)

A R C H I T E C T S
P: 650.757.2022
www.kimcorealty.com
P: 949.502.4500
www.eptdesign.com
P: 415.930.7900
www.bkf.com
ZONING:

CC-UN: CITY CENTER - URBAN NEIGHBORHOOD ZONE
SETBACKS: HEIGHT:

FRONT 14'-0" ALLOWABLE 6 STORIES, 75' MAX.

REAR N/A PROPOSED 6 STORIES*, 75'
SIDE N/A * PER ZONING CODE, SEE SECTION ON A38
The Fremont Hub regional shopping center is located at the northwest corner of Mowry Avenue and Fremont Boulevard located in Fremont, California. The 5.86-acre project site is envisioned to be developed as a mixed-use apartment project, featuring 314 rental units, generous open space, and the creation of a retail node along Capitol Avenue that terminates in a new retail plaza.

This project is privately funded housing governed by CBC Chapter 11A for accessibility. The project will be an all-electric building.

UNIT SUMMARY AVERAGE UNIT SIZE

UNIT TYPE AVERAGE UNIT AREA TOTAL UNIT AREA COUNT PERCENTAGE STUDIO 528 SF 21,124 SF 40 13%
ONE BEDROOM 707 SF 108,927 SF 154 49%
TWO BEDROOM 1,055 SF 105,469 SF 100 32%
THREE BEDROOM 1,385 SF 18,007 SF 13 4%
TOWN HOUSE 1,436 SF 10,054 SF 7 2%
Grand total 263,581 SF 314 100%

PROJECT SUMMARY BY USE
LEVEL RESIDENTIAL GARAGE AMENITY B.O.H. CIRCULATION RETAIL TOTAL

BUILDING
1ST STORY 5,062 SF 0 SF 6,168 SF 6,479 SF 5,543 SF 14,157 SF 37,409 SF GARAGE UPPER LEVEL 4,992 SF 0 SF 1,512 SF 3,636 SF 3,508 SF 0 SF 13,648 SF 2ND STORY 51,116 SF 0 SF 7,639 SF 1,507 SF 8,865 SF 0 SF 69,127 SF 3RD STORY 53,680 SF 0 SF 0 SF 1,433 SF 8,921 SF 0 SF 64,035 SF 4TH STORY 56,120 SF 0 SF 0 SF 1,433 SF 8,929 SF 0 SF 66,482 SF 5TH STORY 56,121 SF 0 SF 0 SF 1,434 SF 8,926 SF 0 SF 66,481 SF 6TH STORY 36,491 SF 0 SF 733 SF 687 SF 5,832 SF 0 SF 43,742 SF BUILDING 263,581 SF 0 SF 16,051 SF 16,610 SF 50,523 SF 14,157 SF 360,922 SF GARAGE
1ST STORY 0 SF 76,986 SF 0 SF 0 SF 0 SF 0 SF 76,986 SF
GARAGE UPPER LEVEL 0 SF 78,405 SF 0 SF 0 SF 0 SF 0 SF 78,405 SF GARAGE 0 SF 155,391 SF 0 SF 0 SF 0 SF 0 SF 155,391 SF
TOTAL 263,581 SF 155,391 SF 16,051 SF 16,610 SF 50,523 SF 14,157 SF 516,314 SF

TOTAL NUMBER OF UNITS
482

NET LEASEABLE

AVERAGE UNIT SIZE

TOTAL NUMBER OF PARKING SPACES

BUILDING SF

GARAGE SF
TOTAL
RETAIL
PHASE 1B PROJECT
WORK AREA 255,135 SF 5.86 acres
DENSITY 55 DU/ACRE
360,922 SF
155,391 SF
516,314 SF
263,581 SF
14,157 SF
839 SF
314
CONST. TYPE ALLOWABLE PROPOSED
OCCUPANCY STORIES/HT. STORIES/HT.

TYPE IA UNLIMITED 2 STORIES
OCCUPANCY: S2 21'-6" TO T.O.ROOF
GARAGE
TYPE IA UNLIMITED 1 STORY /
OCCUPANCY: M/B 21'-6" TO T.O.ROOF

RETAIL/ LEASING/LOBBY
TYPE IIIA* 5 STORIES 5 STORIES ABOVE PODIUM
OCCUPANCY: R2 85'-0" 72'-11" TO T.O. ROOF

RESIDENTIAL UNITS
TYPE IIIA* 4 STORIES LEVEL 3
OCCUPANCY:A3 85'-0" 41'-8" TO T.O. ROOF

AMENITY,FITNESS,CLUB
TYPE IIIA* 5 STORIES LEVEL 5
OCCUPANCY: B 85'-0" 72'-11" TO T.O. ROOF

ROOF LOUNGE
*- : Type IIIA construction is measured from top of Type IA podium, using CBC Section 510 speccial provision.

ASSESSOR'S PARCEL NUMBER:

FOR ADD'L INFO. SEE:

OPEN SPACE DIAGRAM A6
PARKING DIAGRAM A10
STORAGE DIAGRAM A40
Note: The project shall incorporate HVAC efficiency measures sufficient to result in a reduction of a minimum 85% of particulates of 10 microns or less, such as MERV-9 air filters for indoor air filtration.

PH. 1B

5.A.b
Packet Pg. 52
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A2 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

VICINITY MAP

5.A.b
Packet Pg. 53
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A3 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

SITE PHOTOS
PHASE 1B34
5 7
6 2
1 1
5 3
67 2
4 5.A.b
Packet Pg. 54
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A4 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

FREMONT HUB VICINITY
Target
Hub Valero Gas
Chili’s
Safeway
Trader Joes
PetSmart
ROSS Tesla Supercharger

FREMONT HUB

SHOPPING CENTER
76 Gas
CVS
Staples
SITE
(PHASE 1B)

PHARMACY
(PHASE 1A)

5.A.b
Packet Pg. 55
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A5 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

PLANNING CODE EXHIBIT
S
T
O
P
O ST P
P
O
T
S
ON
AP

KR NI G
FREMONT BLVD.

MOWRY AVE.

VALERO

LOADING
RESID.

TRASH RM #1
CAPITOL AVE. EXTENSION
(E) PARKING
GARAGE
RESID.

TRASH RM #3
RETAIL
TRASH
LOBBY 1

STAGING
GARAGE
ENTRY
ELECT.

CO-WORK RM 1
FIRE
CNTRELECT RM 2

FIRE PUMP
ROOM
RES. LOADING BIKE PARKING
MECH. VENTILATED PER
CBC 406.6

RESTAURANT

DOMESTIC

PUMP RM
ELECT.

RM 3

LEASING MAIL

RESTAURANT
RETAIL
RETAIL
RESID.

TRASH
RM #2
TRASH

STAIR STAIR
STAIR
MPOE

UTILITY
TH1 TH1 TH1 TH1 TH1 TH2 TH1
LOBBY 2

RESTAURANT

STAGING
RETAIL
RETAIL

RESTAURANT
RETAIL
RETAIL
RETAIL
RAMP
UP

WEST RETAIL
PLAZA

EAST RETAIL

PLAZA SOUTH PLAZA
ENTRY
PLAZA

PROPOSED

PHARMACY
BLOCK LENGTH = 400'
BLOCK LENGTH = 310'
FACADE IN BUILD TO LAYER = 66%
BLOCK LENGTH = 289'
FACADE IN BUILD TO LAYER = 66%
BLOCK LENGTH = 400'
59'-10" 25'-1". 90'-0" 31'-1" 30'-0" 5'-1". 25'-6".
28'-5"
29'-9".

PROJECT BOUNDARY

PROJECT BOUNDARY
122'-6"
72'-6" 114'-8" 65'-6" 69'-10" 76'-11"
FREMONT HUB MIXED USE 0' 20' 80' 40' PLANNING CODE EXHIBIT A-0.16 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020
2 1
3 4
5 6

NOTES AND LEGEND
13’-6” SIDEWALK/TREELAWN PER CCCP
FREMONT BLVD - “PRIMARY FRONTAGE”
11’-0” MIN. - 15’-0” MAX.

CAPITOL BLVD EXTENSION
“SIDE STREET FRONTAGE”

INTERNAL STREET
“SIDE STREET FRONTAGE”

WEST INTERNAL STREET
“ALLEY FRONTAGE”
DISTANCE TO GARAGE ENTRY- MIN. 75’ FROM STREET
CORNER PER FREMONT MUNICIPAL CODE SEC. 18.43.110I

BUILD TO LAYER FRONTAGE - RESIDENTIAL

RESIDENTIAL FRONTAGE - SETBACK AT UPPER LEVELS

BUILD TO LAYER FRONTAGE - SHOPFRONT

SHOPFRONT FRONTAGE - SETBACK AT UPPER LEVELS
25’ X 25’ MIN. FORECOURT

ENTRY PLAZA

LINE OF BUILDING ABOVE

BUILD TO LAYER
234561

5.A.b
Packet Pg. 56
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A6 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

OPEN SPACE DIAGRAM
STOP
O ST P
POTS
ON

AP KR NI G
ROOF

TERRACE

POOL COURTYARD

PASSIVE COURTYARD

NORTH WEST

COURTYARD

SOUTH WEST

COURTYARD

DOG PARK

WEST RETAIL
PLAZA

EAST RETAIL

PLAZA SOUTH PLAZA
ENTRY
PLAZA

YOGA TERRACE
198'-10".
86'-4".
65'-7".
183'-3".
167'-0".
89'-8".

PROJECT BOUNDARY

PROJECT BOUNDARY
FREMONT HUB MIXED USE 0' 20' 80' 40' OPEN SPACE DIAGRAM A-0.11 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020

SHARED OPEN SPACE SUMMARY

OPEN SPACE AREA
EAST RETAIL PLAZA 0 SF
ENTRY PLAZA 3,464 SF
SOUTH PLAZA 6,623 SF
WEST RETAIL PLAZA 11,126 SF
21,213 SF
SHARED OPEN SPACE:

SITE AREA (PROJECT WORK AREA)
TOTAL OPEN SPACE:

REQUIRED (15% of site area) 38 270 SF

PROVIDED

GROUND LEVEL PUBLIC OPEN SPACE
REQUIRED (50% of total req-ed) 19 135 SF

PROVIDED
SHARED OPEN SPACE NOTES:

1. OPEN SPACE MUST BE 15' MIN IN EACH DIRECTION

2. GRADE-LEVEL OPEN SPACE EXCLUDES THE PUBLIC SIDEWALK

3. OPEN SPACE MAY INCLUDE LANDSCAPING, WATER FEATURES, SEATING, POOL, AND OTHER AMENITY SPACES.
52,659 SF
PODIUM LEVEL 2

OPEN SPACE
DOG PARK 2,436 SF
NORTH WEST COURTYARD 2,969 SF
PASSIVE COURTYARD 8,170 SF
POOL COURTYARD 12,827 SF
ROOF TERRACE 1,504 SF
SOUTH WEST COURTYARD 1,686 SF
YOGA TERRACE 1,853 SF
31,445 SF LEVEL 6
ROOF TERRACE 1,504 SF
1,504 SF
GROUND LEVEL PUBLIC OPEN SPACE (50' WIDE MIN.)
TOTAL
21,213 SF
52,659 SF
255,135 SF

SECOND LEVEL BLDG COMMON OPEN SPACE

UNIT TYPE QTY AREA RANGE PROVIDED
STUDIO 40 50 -60 SF AVG.

ONE BEDROOM 154 50- 70 SF AVG.

TWO BEDROOM 100 50- 70 SF AVG.

THREE BEDROOM 13 50- 70 SF AVG.

TOWNHOUSE 7 50- 70 SF AVG.

TOTAL 314 50-70 SF AVG.
314 UNITS ARE PROVIDED WITH 50SF MIN. PRIVATE OPEN SPACE

IN THE FORM OF PATIOS AND BALCONIES
SEE SHEETS A24-A32 FOR UNIT PLANS WITH BALCONY
DIMENSIONS AND AREAS.

PRIVATE OPEN SPACE (MIN. 50 SF PER UNIT)

5.A.b
Packet Pg. 57
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A7 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

FIRE ACCESS DIAGRAM
STOP
O ST P
POTS
ON

AP KR NI G
150' HOSE PULL LENGTH FROM

FIRE APPARATUS ACCESS ROAD
(PER CFC SECTION 503.1.1)

EXIT DISCHARGE FROM EXIT STAIR

ENCLOSURE
ENTRY

BUILDING ENTRY

FH FIRE HYDRANT LOCATION, VERIFY

LOCATION WITH CIVIL DRAWINGS

FIRE DIAGRAM LEGEND

PROJECT BOUNDARY

EXIT DISCHARGE
2 HOUR EXIT STAIR ENCLOSURE

TYPE IIIA STRUCTURE

ABOVE PODIUM
2 HR ELEVATOR SHAFT

TYPE IA PODIUM GARAGE

FIRE APPARATUS ACCESS ROAD
(PER CFC SECTION 503)
150 FEET

PODIUM STAIRS

EXIT DISCHARGE

TO STREET
EXIT

DISCHARGE
ENTRY

VEHICULAR
ENTRY
EXIT

DISCHARGE

KNOX BOX
26'-0"
26'-0" 15'-0"15'-0"
R
15'-0"
FH

FIRE WATER BACKFLOW

PREVENTER AND FIRE
DEPT. CONNECTION

PROPOSED NEW

HYDRANT
R 41'-0"
FH

EXIT DISCHARGE
RES. LOADING

ENTRY EXIT

DISCHARGE

KNOX BOX
MOWRY AVE.

RESTAURANT
UTILITY ELECT. 1
RESID.

TRASH RM #3
RETAIL
TRASH
RESID.

TRASH RM #1
ELECT 2
TRASH
MPOE

LEASING MAIL
RETAIL

RESTAURANT
RETAIL
RETAIL

RESTAURANT
LOBBY 1
LOBBY 2

BIKE PARKING
RETAIL
RETAIL

CO-WORK
FIRE
CNTR

FIRE PUMP
ROOM

DOMESTIC

PUMP RM
RESID.

TRASH
RM #2

LOADING STAGING
GARAGE
ELECT.

RM 3
VALERO
FREMONT BLVD.

PROPOSED

PHARMACY
CAPITOL AVE. EXTENSION
(E) PARKING
FH

STAGING
26'-0" 30'-0"
15'-0"
FH

PROPOSED NEW

HYDRANT
GARAGE

ENTRY RAMP UP
26'-0" 16'-2"
R 25'-0"
R
51'-0"

PROPOSED NEW
378'-10" HYDRANT
*THE PROJECT SHALL INSTALL AN EMERGENCY VOICE ALARM COMMUNICATION SYSTEM INCLUDING OCCUPANT NOTIFICATION COMPLYING WITH N.F.P.A. 72 AND THE FREMONT MUNICIPAL CODE PRELIMINARY FIRE FLOW CALCULATIONS:

AVAILABLE FIRE FLOW FROM ALAMEDA COUNTY WATER DISTRICT FIRE FLOW TEST DATE SHETT NO. 18-7-3, HYDRANT NO.2188 ON MOWRY AVE. @BELL STREET, TEST PERFORMED ON 5/17/2018
STATIC PRESSURE = 62 PSI
RESIDUAL PRESSURE = 60 PSI
OBSERVED FLOW AT HYDRANT - 1,050 GPM
FLOW AT 20 PSI = 4,812 GPM
REQUIRED FIRE FLOW:

BUILDING OCCUPANCY TYPE = R-2, M/B, S-2, B, A-3
BUILDING CONSTRUCTION TYPE =TYPE III-A, AUTOMATIC FIRE

SPRINKLER SYSTEM
TOTAL BUILDING AREA = 597,830 SF
FIRE FLOW REQUIREMENT = 3,000 GPM (W/AUTOMATIC FIRE SPRINKLER SYSTEM 50% REDUCTION)
REQUIRED FIRE HYDRANTS:

MINIMUM NO. OF HYDRANTS = 3
AVERAGE SPACING BETWEEN HYDRANTS = 400 FT
NOTES:

1. FIRE FLOW REQUIREMENTS ARE BASED ON THE 2019 CALIFORNIA FIRE CODE, APPENDIX B TABLE B105.1(2) WITH 50% ALLOWABLE REDUCTION FOR BUILDINGS WITH AN AUTOMATIC SPRINKLER SYSTEM.

2. THE MINIMUM NUMBER OF HYDRANTS REQUIRED ARE BASED ON THE 2019 CALIFORNIA FIRE CODE, APPENDIX C TABLE C102.1
20'-0"

WEST RETAIL
PLAZA

EAST RETAIL
PLAZA

SOUTH PLAZA
ENTRY
PLAZA
26'-0"

PROPOSED SUB-SURFACE

TRANSFORMERS

PROJECT BOUNDARY

PROJECT BOUNDARY
FH
FH
FH
FREMONT HUB MIXED USE 0' 20' 80' 40' FIRE ACCESS DIAGRAM A-0.13 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020

5.A.b
Packet Pg. 58
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A8 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

CODE ANALYSIS

DIAGRAM
STOP
O ST P
POTS
ON

AP KR NI G
11,924 SF

COMPARTMENT
#6
11,532 SF

COMPARTMENT
#1
9,734 SF

COMPARTMENT
#2
5,559 SF

COMPARTMENT
#3
9,328 SF

COMPARTMENT
#4
10,912 SF

COMPARTMENT
#5
10,255 SF

COMPARTMENT
#7

EXIT DISCHARGE

EXIT DISCHARGE
EXIT

DISCHARGE
3-HR FIRE WALL
3-HR

HORIZ EXIT

COURTYARD
EGRESS

IMAGINARY LINE

STANDPIPE
2-HR RATED EXIT STAIR

ENCLOSURE

EXTENDS TO ROOF
150' RADUIS FROM

STANDPIPE
2-HR RATED EXIT STAIR

ENCLOSURE

EXTENDS TO ROOF
2-HR RATED EXIT STAIR

ENCLOSURE

EXTENDS TO ROOF

PODIUM STAIR EXIT DISCHARGE

TO STREET

COURTYARD
EGRESS
3-HR FIRE WALL
DECK AREA = 748 SF
OCC.LOAD = < 50
19'-0"
12'-0" 12'-0"
57'-2" 33'-5"
FREMONT BLVD.

MOWRY AVE.

CAPITOL AVE. EXTENSION
(E) PARKING

CENTERLINE OF PUBLIC RIGHT
OF WAY
FIRE COMPARTMENT 5
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
MAX AREA PER BLDG ALLOWED = 56,832 SF
BUILDING #5 ALLOWABLE AREA W/ FRONTAGE
Aa = [At + (Ns x If)] W/30
If = [(F/P)-0.25] 30/30
= [(238/548)-0.25] 30/30
= 0.43-0.25=0.184
Aa = [24,000 SF + 24,000 SF x 0.184)]x2
= 56,832 SF
PROPOSED BUILDING AREA = 10,912 SF x 5 STORIES
= 54,560 SF

FRONTAGE REQUIRED
109'-0"
FIRE COMPARTMENT 4
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
PROPOSED AREA PER FLOOR = 9,328 SF
MAX AREA PER BLDG ALLOWED = 24,000 SF x 2
= 48,000 SF
PROPOSED BUILDING AREA = 9,328 x 5 STORIES
= 46,640 SF

FRONTAGE NOT REQUIRED
FIRE COMPARTMENT 2
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
MAX AREA PER BLDG ALLOWED =
BUILDING #2 ALLOWABLE AREA W/ FRONTAGE
Aa = [At + (Ns x If)] W/30
If = [(F/P)-0.25] 30/30
= [(209/539)-0.25] 30/30
= 0.387-0.25=0.187
Aa = [24,000 SF + 24,000 SF x 0.187)]x2
= 56,976 SF
PROPOSED BUILDING AREA = 9,734 SF x 5 STORIES
= 48,670SF

FRONTAGE REQUIRED
FIRE COMPARTMENT 3
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
PROPOSED AREA PER FLOOR = 5,559 SF
MAX AREA PER BLDG ALLOWED = 24,000 SF x 2
= 48,000 SF
PROPOSED BUILDING AREA = 5,559 x 5 STORIES
= 27,795 SF

FRONTAGE NOT REQUIRED
136'-1"

CENTERLINE OF PUBLIC RIGHT
OF WAY
23'-9"
173'-4"
85'-3"
FIRE COMPARTMENT 6
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
MAX AREA PER BLDG ALLOWED = 24,000 SF x 2
= 48,000 SF
PROPOSED BUILDING AREA = 11,924 x 4 STORIES
= 47,696 SF

FRONTAGE NOT REQUIRED
3rd STORY A3 4,025 / 42,000 = 0.095
3rd STORY R2 7,817 / 24,000 = 0.32
4th STORY R2 11,842 / 24,000 = 0.49
5th STORY R2 11,842 / 24,000 = 0.49
6th STORY R2 11,842 / 24,000 = 0.49

1.885
FIRE COMPARTMENT 1
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
MAX AREA PER BLDG ALLOWED =
BUILDING #1 ALLOWABLE AREA W/ FRONTAGE
Aa = [At + (Ns x If)] W/30
If = [(F/P)-0.25] 30/30
= [(258/560)-0.25] 30/30
= 0.460-0.25=0.210
Aa = [24,000 SF + 24,000 SF x 0.210)]x2
= 58,080 SF
PROPOSED BUILDING AREA = 11,532 SF x 5

STORIES
= 57,660 SF

FRONTAGE REQUIRED
FIRE COMPARTMENT 7
OCCUPANCY GROUP - R2

TYPE IIIA
MAX AREA / FLOOR ALLOWED = 24,000 SF
PROPOSED AREA PER FLOOR = 10,255 SF
MAX AREA PER BLDG ALLOWED = 24,000 SF x 2
= 48,000 SF
PROPOSED BUILDING AREA = 10,255 x 4 STORIES
= 41,020 SF

FRONTAGE NOT REQUIRED
> 30'-0" > 30'-0"
> 30'-0"
3,616 SF

AMENITY

BUILDING
129'-5"
13'-2"
22'-2"
50'-0"
73'-1"
25'-0"

WEST RETAIL
PLAZA

EAST RETAIL
PLAZA

SOUTH PLAZA
ENTRY
PLAZA
ELE
VA
T
O
R
T
O
S
T
AIR
147'-6"

COMMON PATH OF
TRAVEL < 75 FT

PROJECT BOUNDARY

ACCESSIBLE EGRESS ROUTE

FROM COURTYARD AND DOG

PARK TO STREET LEVEL VIA
ELEVATOR, SEE A20-A21
FREMONT HUB MIXED USE 0' 20' 80' 40' CODE ANALYSIS DIAGRAM A-0.12 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020

ALLOWABLE BUILDING AREA
FIRE

COMPARTMENT LEVELS

CONSTRUCTION
TYPE

OCCUPANCY
GROUP
MAX.ALLOWABLE

AREA PER FLOOR

PROPOSED AREA

PER FLOOR
COMPARTMENT #1 L2 - L6 IIIA R2 24,000 SF 11,532 SF
COMPARTMENT #2 L2 - L6 IIIA R2 24,000 SF 9,734 SF
COMPARTMENT #3 L2 - L6 IIIA R2 24,000 SF 5,559 SF
COMPARTMENT #4 L2 - L6 IIIA R2 24,000 SF 9,328 SF
COMPARTMENT #5 L2 - L6 IIIA R2 24,000 SF 10,912 SF
COMPARTMENT #6 L2 - L5 IIIA R2 24,000 SF 11,924 SF
COMPARTMENT #7 L2 - L5 IIIA R2 24,000 SF 10,255 SF
COMPARTMENT #8 L1-GARAGE UPPER
LEVEL
IA R2/A2/B/S2 UNLIMITED VARIES Not Enclosed
NOTES

1. PER CBC 1009.1, EACH ACCESSIBLE PORTION OF THE SPACE SHALL BE SERVED BY AN ACCESSIBLE MEANS OF EGRESS. ALL BUILDING ENTRANCES AND EXITS SHALL BE ACCESSIBLE.

2. FIRE WALLS SHALL COMPLY WITH CBC 706 FOR EXTERIOR WALLS AND

OPENING PROTECTION

5.A.b
Packet Pg. 59
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A9 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

TRASH DIAGRAM
STOP
O ST P
POTS
UP
UP
FREMONT BLVD.

CAPITOL AVE. EXTENSION
GARAGE

STAGING
GARAGE
ENTRY
RESID.TRASH ROOM #4
TRAVEL DISTANCE: 171'
RESID.

TRASH
ROOM
#2
RESID.TRASH
ROOM #3
RESID.TRASH
ROOM #1
RETAIL
TRASH

RESIDENTIAL TRASH
STAGING AREA TRAVEL DISTANCE: 170'
31'-7" 58'-7"

ACCESSIBLE

ROUTE FROM

RESIDENTIAL

TRASH ROOM TO

RESIDENTIAL

TRASH STAGING

SOUTH ROAD

WEST ROAD
5'-0" 24'-0"
41'-10"

PORTERS WILL TRANSPORT THE BINS TO THE STAGING AREA

TRUCK ACCESS DRIVEWAY

RESTAURANT

RESTAURANT
TRAVEL DISTANCE: 233'
CHUTE
ROOM #2
CHUTE
ROOM #3
CHUTE
ROOM #1
TRAVEL DISTANCE: 241'TRAVEL DISTANCE: 174'
KEY

TRAVEL DISTANCE FROM UNIT TO

TRASH ROOM

STAGING ROUTE FROM TRASH

ROOM TO STAGING
3'-4" 3'-4"
3'-11" 5'-4"
4'-7"
60"
3'-4"
16'-4 1/2"
9'-11"
T R O
11'-7"
6'-6" 3'-11"
3'-5" 3'-5" 3'-5"
60"
TR
O 60" 11'-4"
3'-11" 5'-4"
3'-4" 3'-4" 3'-4"
T
R
O

CHUTE FOR

RECYCLING

ORGANICS

RECEPTACLE

CHUTE FOR
TRASH
32'-9 1/4"
15'-10"
5'-6"
60"

FLOOR DRAIN,
TYP.
2CY BIN
2CY BIN
4 CY BIN
12'-0"
32'-9 1/4"
COMPAC
TOR

RESIDENTIAL CORRIDOR

SIDEWALK
5'-0"
RESID. TRASH ROOM #4

RECYCLING
T4

ORGANICS

RECYCLING
T2
T1

ORGANICS
64 GAL
CART
64 GAL
CART
64 GAL
CART

ROLL-UP
DOOR
2CY BIN
2CY BIN

HOT WATER HOSE BIB

RESIDENTIAL

TRASH ROOM
#1
8'-0"
FLOOR
DRAIN,TYP. COMPAC TOR
4 CY BIN
18'-10"
28'-0 3/4"

ROLL-UP DOOR
8'-0" 5'-0"SIDEWALK

RESIDENTIAL
TRASH

STAGING
AREA

RECYCLING
T1

ORGANICS
T2
64 GAL
CART
64 GAL
CART

HOT WATER

HOSE BIB
2CY BIN
2CY BIN

RESIDENTIAL
TRASH RM #2
12'-0"

FLOOR DRAIN,
TYP. 4 CY BIN
18'-4"
34'-2"
34'-2"
24'-3"

ROLL-UP DOORS

COMPACTOR

RECYCLING

ORGANICS
T1

FLOOR DRAIN,
TYP.
31'-7"
RESIDENTIAL TRASH RM #3 STAGING

RETAIL LOADING
T2
3CY BIN 3CY BIN

RECYCLING RECYCLING

DRIVEWAY
20'-4"

ORGANICS

GREASE/
TALLOW

RECEPTACLE
64 GAL
CART
64 GAL
CART
COMPAC
TOR
T1
1CY BIN

ROLL-UP DOOR

HOT WATER HOSE BIB
2CY BIN
2CY BIN

RESIDENTIAL
TRASH RM #3
RETAIL

TRASH RM
2CY BIN2CY BIN
T2
1CY BIN
8'-0"
12'-0"
FREMONT HUB MIXED USE 0' 20' 80' 40' TRASH DIAGRAM A-0.10 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020

RESIDENTIAL TRASH CALCULATIONS
GARBAGE: 314 UNITS / 0.33 CY PER UNIT = 104 CY PER WEEK 104 CY / 6CY COMPACTED* BINS = 18 COMPACTED BINS PER WEEK 18 BINS / 5 DAY PER WEEK PICK-UP = 4 BINS (2 provided per trash room) EACH RESIDENTIAL TRASH ROOM ON LEVEL 1 WILL HAVE ONE
MINI-M.A.C. APARTMENT COMPACTOR (MFR: MARATHON) ATTACHED TO THE TRASH CHUTE. THE 2CY BIN WILL BE ROLLED OUT FOR SERVICING. * Compaction ratio is up to 4:1; each 2cy bin is calculated to hold 6cy of waste RECYCLING: 50% OF GARBAGE GENERATED PER WEEK = 52 CY PER WEEK 52 CY / 4CY = 13 BINS PER WEEK
13 BINS / 5 DAY PER WEEK PICK-UP = 3 BINS (1 per trash room) ORGANICS: 314 UNITS x 4 GAL PER UNIT = 1256 GAL PER WEEK 1256 GAL / 64 GAL CART = 20 CARTS PER WEEK
20 CARTS / 5 DAY PER WEEK PICK-UP = 4 CARTS (2 provided per trash room) NOTES:
1500 MIN GALLON GREASE INTERCEPTORS AND
200LB GREASE TRAPS FOR EACH RESTAURANT
ARE INDICATED ON C3B.

RESIDENTIAL TRASH ROOM #1 & 4. LEVEL 1 - PLAN
SCALE 3/32” = 1’-0”
RESIDENTIAL TRASH ROOM #3 AND RETAIL TRASH. LEVEL 1 - PLAN SCALE 3/32” = 1’-0”
RESIDENTIAL TRASH ROOM #2. LEVEL 1 - PLAN
SCALE 3/32” = 1’-0”
LEVEL 2
SCALE 1” =40’-0”
LEVEL 1
SCALE 1” =40’-0”
CHUTE ROOM #2. LEVELS 2-6
SCALE 3/32” = 1’-0”
CHUTE ROOM #1. LEVELS 2-6 - PLAN
SCALE 3/32” = 1’-0”
CHUTE ROOM #1. LEVELS 2-5
SCALE 3/32” = 1’-0”

5.A.b
Packet Pg. 60
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A10 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

PARKING DIAGRAM
STOP
O ST P
ON

AP KR NI G
FREMONT BLVD.

LOADING
RESID.

TRASH RM #1
CAPITOL AVE. EXTENSION
GARAGE
RESID.

TRASH RM #3
RETAIL
TRASH
LOBBY 1

STAGING
GARAGE
ENTRY
ELECT.

CO-WORK RM 1
FIRE
CNTRELECT RM 2

FIRE PUMP
ROOM
RES. LOADING
MECH. VENTILATED PER
CBC 406.6
T
Y
P.
24'-0" 19' T
Y
P.
9' TYP.

RESTAURANT

DOMESTIC

PUMP RM
ELECT.

RM 3

LEASING MAIL

RESTAURANT
RETAIL
RETAIL
RESID.

TRASH
RM #2
TRASH

STAIR STAIR
STAIR
MPOE

UTILITY
TH1 TH1 TH1 TH1 TH1 TH2 TH1
LOBBY 2

RESTAURANT

STAGING
RETAIL
RETAIL

RESTAURANT
RETAIL
RETAIL
RETAIL
RAMP
UP

WEST RETAIL
PLAZA

SOUTH PLAZA
ENTRY
PLAZA
16'-0"
8'-0"TANDEM

CAR SHARE
1'-0"
6" 1'-0"

SECURITY GATE
24'-0"

EV READY

EV CAPABLE

EV READY

EV READY
9'-0"
19'-0"

RAMP DN
GARAGE

OPEN TO BELOW

DOG WASH

RESIDENTIALSTORAGE
MECH. VENTILATED PER
CBC 406.6

OPEN TO BELOW

STAIR STAIR
STAIR

CO-WORK
TH2

STORAGE
POOL EQUIP.RM
TH1 TH1 TH1 TH1 TH1 TH1
LOUNGE

DOG PARK
TANDEM
8'-0"
16'-0"
9'-0"
19'-0"
T
Y
P.
2 4'-0"

EV CHARGERS

EV READY

EV CHARGERS

EV CAPABLE

EV CAPABLE
FREMONT HUB MIXED USE 0' 20' 80' 40' PARKING DIAGRAM A-0.14 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020

REQUIRED RESIDENTIAL PARKING
TOTAL REQUIRED SPACES (EXCLUSIVE USE STD.):

MIN (1PER DU) 314
MAX (2PER DU) 628

REQUIRED RETAIL PARKING
FREMONT HUB RETAIL AREA SUMMARY:

EXISTING COMMERCIAL AREA 628,393 SF
PROPOSED COMMERCIAL DEMO. - 69,308
NEW COMMERCIAL AREA: +27,157
PHASE 1A +13,000
PHASE 1B +14,157
TOTAL PROPOSED COMMERCIAL AREA 586,242 SF
PARKING SUMMARY:
(E) RETAIL PARKING 2,809
(4.5/1K)
PROPOSED DEMOLITION - 426
PROPOSED NEW SURFACE PKG.-PHASE 1A + 64
PROPOSED NEW SURFACE PKG.-PHASE 1B + 40
TOTAL RETAIL PARKING 2,487
(4.2/1K)
(FMC 18.43.130)

REQUIRED ACCESSIBLE PARKING
REQUIRED TOTAL ACCESSIBLE:
2% TOTAL 9
REQUIRED VAN ACCESSIBLE:
1 PER 8 ACC SPACES (CBC 1109A8.6) 2
(CBC 1109A)

REQUIRED EV PARKING
REQUIRED EV ACCESSIBLE: 1
1 PER 25 EV SPACES
(CAL GREEN BLDG 4.106.4.2.2)
REQUIRED EV READY SPACES: 108
25% TOTAL
REQUIRED EV CAPABLE SPACES: 44
10% TOTAL
REQUIRED EV CHARGERS SPACES: 22
5% TOTAL
NOTE: EV READY SPACES SHALL BE PROVIDED

WITH CHARGERS
(FMC 15.48.050)

REQUIRED SHARED TRANSPORTATION
REQUIRED CAR SHARE SPACES:
2 FOR 100+ UNITS,
PLUS 1 FOR EACH 100 UNITS OVER 100 4
(FMC 18.183.172)
RETAIL GSF:

REQUIRED SPACES:

2.25/TGSF (NON-EXCLUSIVE USE STD.)
NOTE: ALL PARKING STALLS WITHIN

GARAGE SHALL HAVE A VERTICAL
CLEARANCE OF AT LEAST 7'-6".

RESIDENTIAL PARKING

RETAIL PARKING RESIDENTIAL PARKING PROVIDED
PARKING TYPE COUNT %
01 STANDARD (9-0 x 19-0) 92 21%
01 COMPACT (8-6 x 16-0) 150 35%
01 SHARED TRANSPORTATION (9-0 x 19-0) 4 1%
02 ACCESSIBLE VAN (9-0 x 18-0) 2 0%
02 ACCESSIBLE (9-0 x 18-0) 7 2%
04 EV READY (9-0 x 19-0) 108 25%
04 EV CHARGERS (9-0 x 19-0) 22 5%
04 EV CAPABLE (9-0 x 19-0) 44 10%
03 EV ACCESSIBLE VAN (9-0 x 18-0) 1 0%
TOTAL 430
* ADDITIONAL TANDEM SPACES 12
REQUIRED RETAIL SURFACE PARKING PHASE 1B:

REQURED ADA SPACES 2
REQURED EV CHARGERS 2
REQURED EV CAPABLE SPACES 6
01 STANDARD (9-0 x 19-0) 30 75%
02 ACCESSIBLE VAN (9-0 x 18-0) 1 3%
02 ACCESSIBLE (9-0 x 18-0) 1 3%
04 EV CHARGERS (9-0 x 19-0) 2 5%
04 EV CAPABLE (9-0 x 19-0) 6 15%
TOTAL 40
PROVIDED RETAIL SURFACE PARKING PHASE 1B:

5.A.b
Packet Pg. 61
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A11 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

DESIGN CONCEPT DIAGRAMS
• COURTYARDS OPEN TO STREET TO BREAK UP MASS
• CENTRAL COURT CASCADES DOWN TO RETAIL STREET
• BLDG ALONG CAPITOL EXTENSION STEPS DOWN ONE
STORY
• TRANSPARENT PODIUM AMENITIES ENLIVEN CAPITOL

FRONTAGE
• CONTINUOUS CONNECTED COURTYARDS
• ACTIVE GROUND AND PODIUM LEVEL
• BREAK UP MASSING OF HOUSING ABOVE
• RETAIL “FORWARD” AT STREET
• EXPANDED SIDEWALK | PLAZAS FOR OUTDOOR DINING
• VARIED STOREFRONT EXPRESSION AT RETAIL FOR OUTDOOR

SEATING
• LARGE SCALE BAR BLDG AT FREMONT
• ART , LANDSCAPE, AND SIGNAGE ELEMENTS TO REINFORCE

GATEWAY TO FREMONT HUB
• EXPLOIT LEASING AND LOUNGE TRANSPARENCY AT
CORNER
• DISTINCT TOWNHOUSE BASE
• WELCOMING PEDESTRIAN PLAZA AT CORNER

GATEWAY & ANCHOR MIXED-USE HUB BREAK THE BOX

5.A.b
Packet Pg. 62
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A12 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 63
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A13 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 64
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A14 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 65
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A15 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 66
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A16 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 67
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A17 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 68
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A18 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 69
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A19 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020
3D VIEW

5.A.b
Packet Pg. 70
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A20

LOBBY / LEASING / AMENITY
UNITS

PARKING
BOH

COLOR LEGEND

PATH OF TRAVEL
RETAIL
0’ 20’ 40’ 80’ SCALE: 1” = 40’- 0”

DISCRETIONARY

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

GROUND LEVEL PLAN
STOP
O ST P
POTS
ON

AP KR NI G

SECTION
A

SECTION
A
FREMONT BLVD.

MOWRY AVE.

VALERO

LOADING
RESID.

TRASH RM #1
CAPITOL AVE. EXTENSION
(E) PARKING
GARAGE
RESID.

TRASH RM #3
RETAIL
TRASH
LOBBY 1
4,156 SF

STAGING

SECTION
B

SECTION
B
GARAGE
ENTRY
ELECT.

CO-WORK RM 1
FIRE
CNTRELECT RM 2

FIRE PUMP
ROOM
RES. LOADING BIKE PARKING
MECH. VENTILATED PER
CBC 406.6
T
Y
P.
24'-0" 19' TYP.
9' TYP.

RESTAURANT
3,310 SF

DOMESTIC

PUMP RM
ELECT.

RM 3
SUB SURF.

TRANSFORMERS
SUB SURF. TRANSFORMERS

LEASING MAIL

RESTAURANT
2,398 SF
RETAIL
1,117 SF
RETAIL
1,117 SF
RESID.

TRASH
RM #2
TRASH

STAIR STAIR
MPOE

UTILITY
TH1 TH1 TH1 TH1 TH1 TH2 TH1
44'-0" 22'-0" 22'-0" 47'-0"
49'-9"
51'-0"
47'-6"
LOBBY 2
2,012 SF
28'-0" 28'-0" 26'-3"
14'-0" 14'-0" 14'-0" 14'-0" 14'-0" 12'-3"
69'-6"

RESTAURANT
2,227 SF

STAGING
RETAIL
679 SF
RETAIL
679 SF

RESTAURANT
679 SF
RETAIL
679 SF
RETAIL
679 SF
RETAIL
594 SF
RAMP
UP

WEST RETAIL
PLAZA

EAST RETAIL

SOUTH PLAZA PLAZA
ENTRY
PLAZA

PROPOSED

PHARMACY

PROJECT BOUNDARY
3'-0 3/4"
6"
1'-0"
6"
1'-0" 1'-0"
7"

PROJECT BOUNDARY

PROJECT BOUNDARY
EXIT
EXIT
EXIT
EXIT
EXIT
EXIT

ACCESSIBLE ROUTE

VIA ELEVATOR FROM

STREET TO DOG PARK

AND COURTYARD LEVEL
EXIT
EXIT

5.A.b
Packet Pg. 71
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A21

LOBBY / LEASING / AMENITY
UNITS

PARKING
BOH

COLOR LEGEND

PATH OF TRAVEL
RETAIL
0’ 20’ 40’ 80’ SCALE: 1” = 40’- 0”

DISCRETIONARY

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020
UPPER GARAGE LEVEL & LEVEL 2

SECTION
A

CLUBROOM
3,613 SF

FITNESS
2,633 SF

SINGLE HEIGHT

SECTION
B

AMENITY
1,392 SF

DOUBLE HEIGHT
A6
B1
C2
B4.1
C3 B3 B3 A3 A3 A3 A3 B5
B4.1
C1
STAIR

STAIR STAIR
A5
A6.1
A1.1
A1.1
A1.1
A1.1
A1.1
A1
A1
A1.1
A1.1 A1 A1 A1 A1
A1 A1
A1
A1.1
A1
A1.1
A1.1
S1
B2
B2
B2
B2
B4.2
B2
B1.1
B1
B1
A1
B4.3
RES.

STORAGE
#2B
RES.

STORAGE
# 2A

PASSIVE

COURTYARD
POOL

COURTYARD

NORTH WEST

COURTYARD

SOUTH WEST

COURTYARD

YOGA TERRACE
B2
A6.2
B1.2

HORIZONTAL EXIT
MAX. TRAVEL DISTANCE- 136'< 250'
MAX. TRAVEL DISTANCE- 203'< 250' MAX. TRAVEL DISTANCE- 144'< 250' MAX. TRAVEL DISTANCE- 141'< 250'
A2
S1
S1
S1
S1
S1
S1
S1
B1.3

ACCESSIBLE ROUTE

VIA ELEVATOR FROM

STREET TO

COURTYARD LEVEL
STOP
O ST P
POTS
ON

AP KR NI G

SECTION
A

RAMP DN
GARAGE

OPEN TO BELOW

SECTION
B

OPEN TO BELOW

DOG WASH RESIDENTIAL
STORAGE #1A
MECH. VENTILATED PER
CBC 406.6

OPEN TO BELOW

STAIR STAIR
STAIR

CO-WORK
TH2
FREMONT BLVD.

POOL EQUIP.RM
TH1 TH1 TH1 TH1 TH1 TH1
LOUNGE
CAPITOL AVE. EXTENSION
(E) PARKING

DOG PARK
RES. STOR.
#1C RES. STOR.
#1B

ACCESSIBLE ROUTE

VIA ELEVATOR FROM

STREET TO DOG PARK
3"
UPPER GARAGE LEVEL LEVEL 2

5.A.b
Packet Pg. 72
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A22

LOBBY / LEASING / AMENITY
UNITS

PARKING
BOH

COLOR LEGEND

PATH OF TRAVEL
RETAIL
0’ 20’ 40’ 80’ SCALE: 1” = 40’- 0”

DISCRETIONARY

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020
LEVELS 3-5

SECTION
A

OPEN TO BELOW

CO-WORK

SECTION
B

SECTION
B
B4
B4.1
A1
S1
A1.1
B2 A1.1 A4 A1.1 B2 B1
A1.1 A1.1
A1
A1
C1
A1
B1 A5
B1 B2
B1.3 B2
A1.1
S1
B1.1 B2 B2 A1.1 A1 A1
A1.1
A1
A1
A1.1
B2 A1.1 A1 A1 A1 A1
C2
B4.1
C3 B3 B3 A3 A3 A3 A3 B5
B1
A6.1
A1.1
S1
A1.1
B4.3
B4.2
STAIR
STAIR
STAIR
A6.2
MAX. TRAVEL DISTANCE- 136'< 250'
MAX. TRAVEL DISTANCE- 203'< 250' MAX. TRAVEL DISTANCE- 144'< 250' MAX. TRAVEL DISTANCE- 239'< 250'
A2
RES.

STORAGE
# 2A
RES.

STORAGE
#2B
S1
S1
S1
S1
S1

SECTION
A

SECTION
B

SECTION
B
B1.1
B1.3
B1
B1
A4 B1
B1
C3 B5
B2
B2 B2
B2
S1
B3 B3
B2
A1 A1
B2
A1.1
A1.1 A1 A1 A1 A1
C1
B4.3
A1
A1 A1
A1.1 A1.1
B1
A1.1 A1 A1
A1.1
A1.1
S1
A1.1
A3 A3 A3 A3
B4.1
C2
B4.1
B2
A1.1
A1.1
A1.1
A1
A1
A1
B4
S1
A1.1
A5 B4.2
A6.2
A6.1

CO-WORK
STAIR
STAIR
STAIR
MAX. TRAVEL DISTANCE- 136'< 250'
MAX. TRAVEL DISTANCE- 203'< 250' MAX. TRAVEL DISTANCE- 144'< 250' MAX. TRAVEL DISTANCE- 239'< 250'
MAX. TRAVEL DISTANCE- 141'< 250'
A2
RES.

STORAGE
# 2A
RES.

STORAGE
#2B
S1
S1
S1
S1
S1
LEVEL 3 LEVELS 4-5

5.A.b
Packet Pg. 73
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A23

LOBBY / LEASING / AMENITY
UNITS

PARKING
BOH

COLOR LEGEND

PATH OF TRAVEL
RETAIL
0’ 20’ 40’ 80’ SCALE: 1” = 40’- 0”

DISCRETIONARY

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020
LEVELS 6-ROOF

SECTION
A

SECTION
B

ARCHITECTURAL HIGH ROOF
T.O PARAPET = 86'
MECH EQUIP. AND SCREEN TYP.

MAIN ROOF
ELEV 74'-6'

STAIR TO ROOF

ELEVATOR

OVER-RUN

ZONE FOR FUTURE
PV PANELS TYP.

ELEVATOR

OVER-RUN
ELEV +-63'-6"
ROOF
TRASH RM.

VENTING
TRASH RM.

VENTING

SECTION
A

SECTION
A
LOUNGE
733 SF

SECTION
B

SECTION
B
MECH EQUIP. AND SCREEN TYP.

ZONE FOR FUTURE PV PANELS TYP.

ELEV +-63'-6"
ROOF
B2.2
B2.2
A1.1
S1
A1
B4
B1 A5 B4.1
B1 B2
S1
A1.1
B2
B1.3
B2
B1.1
A1.1
A1
A1
A1.1
A1.1
S1
A1.1
A6.1
B1
C3 B3 B3 A3 A3 A3 A3 B5
A1.1 A1 A1 A1 A1
B2
STAIR
STAIR
MAX. TRAVEL DISTANCE- 136'< 250'
MAX. TRAVEL DISTANCE- 203'< 250' MAX. TRAVEL DISTANCE- 144'< 250' MAX. TRAVEL DISTANCE- 141'< 250'
A2
RES.

STORAGE
# 2A
S1
S1
S1
ROOF

TERRACE

OCCUPIED
AREA- 734 SF
TRASH RM.

VENTING
LEVEL 6 ROOF LEVEL

5.A.b
Packet Pg. 74
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A24

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

DPDS SPSS
L
S1
528 SF
17'-0"
9'-6"
3'-6" 5'-10" 15'-8"
9'-8"
6'-11" 5'-10" 2'-2"

PRIVATE OPEN
SPACE
50 SF
3'-11 1/2" 6'-8"
9'-6" 7'-6"
QUEEN
W/D
SPSS
SPSS
L
REF.

B
DW

SPSS SPSS
5'-2" 4'-0"
32'-0"
11'-10 1/2" 10'-1"
11'-0" 10'-4"
A1
691 SF
6'-5" 5'-2 1/2" 2'-1" 7'-1"
23'-0"

PRIVATE OPEN
SPACE
66 SF
6'-0"

UB MIXED USE
QUEEN
W/D
SPSS
SPSS
L
REF.

B
DW

SPSS SPSS
A1.1
657 SF
4'-0" 19'-0"
23'-0"
5'-2"
6'-5" 2'-1" 7'-1"

PRIVATE OPEN SPACE
51 SF
32'-0"
28'-0"
5'-2"
6'-0"
8'-6"

FREMONT HUB MIXED USE

5.A.b
Packet Pg. 75
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A25

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

PRIVATE OPEN
SPACE
64 SF
A2
713 SF

FREMONT HUB MIXED USE KING
W/D
SPSS
SPSS
REF. P
B
DW
L
SPSS
SPSS
A3
786 SF
38'-0"
10'-4" 11'-7 1/2"
5'-4" 13'-8"
3'-3"
17'-8 1/2" 12'-6 1/2"
31'-2"
9'-1" 5'-2" 7'-5"
7'-1" 6'-5 1/2" 3'-4"
23'-0"

PRIVATE OPEN
SPACE
59 SF
5'-7"

5.A.b
Packet Pg. 76
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A26

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

TYPICAL UNIT PLANS
B1.1
B1.3
B1
B1
A4 B1
B1
C3 A2 B5
B2
B2 B2
B2
S1
B3 B3
B2
A1 A1
B2
A1.1
A1.1 A1 A1 A1 A1
C1
B4.3 S1
A1
A1 A1
S1
A1.1 A1.1
A1.1 A1 A1 B1
A1.1
A1.1
S1
S1
A1.1
S1
A3 A3 A3 A3
B4.1
C2
B4.1
B2
A1.1
S1
A1.1
A1.1
A1
A1
A1
B4
S1
A1.1
A5 B4.2
A6.2
A6.1
QUEEN
REF. B B P
B DW
W/D
SPSS
SPSS
SPSS
L
A4
687 SF
20'-11" 3'-0" 11'-0"
10'-4 1/2" 7'-1"
19'-3"
36'-3"
10'-9" 5'-2" 4'-3" 3'-6" 10'-4"

PRIVATE OPEN SPACE
61 SF
10'-2 1/2"
6'-0"
L
REF. BB DW
P
KING
QUEEN
DPDS
DPDS
L
DPDS
W/D
6'-0" 26'-0"
32'-0"
9'-2" 26'-10"
29'-0"
25'-6" 10'-6"
36'-0"
B1
1,062 SF
11'-0" 13'-10 1/2"
7'-1" 3'-2" 11'-11"
12'-0"
10'-0" 2'-1" 11'-10"
5'-2"
3'-8"
10'-4"
3'-4" 5'-2" 2'-8 1/2"

PRIVATE OPEN
SPACE
63 SF

FREMONT HUB MIXED USE

5.A.b
Packet Pg. 77
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A27

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

P
B
SPSS
SPSS
DPDS
DPDS
10'-4"
10'-1 1/2"
11'-9"
5'-7"
B2
1,017 SF
32'-2 1/2" 12'-9 1/2"
25'-4 1/2" 19'-7 1/2"
℄ 7'-8"
19'-0"
10'-4" 2'-1"
9'-5"
6'-8"
3'-4" 12'-6"
10'-4"
45'-0"
3'-10" 27'-2"

PRIVATE OPEN
SPACE
107 SF
12'-4"
4'-10" 7'-0"

IXED USE

5.A.b
Packet Pg. 78
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A28

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

SPSSSPSS
W/D
REF. P B B
B DW
7'-1" 5'-2" 7'-1"
26'-1 1/128" 10'-11"
10'-0"
10'-4"
10'-4"
12'-6" 26'-0"
38'-6"
37'-11 11/16"
12'-3 1/2" 5'-5 1/2" 3'-4" 5'-2" 10'-4"
B3
1,034 SF
5'-11 3/16"

PRIVATE OPEN
SPACE
57 SF
ED USE

5.A.b
Packet Pg. 79
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A29

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

TYPICAL UNIT PLANS
B1.1
B1.3
B1
B1
A4 B1
B1
C3 A2 B5
B2
B2 B2
B2
S1
B3 B3
B2
A1 A1
B2
A1.1
A1.1 A1 A1 A1 A1
C1
B4.3 S1
A1
A1 A1
S1
A1.1 A1.1
A1.1 A1 A1 B1
A1.1
A1.1
S1
S1
A1.1
S1
A3 A3 A3 A3
B4.1
C2
B4.1
B2
A1.1
S1
A1.1
A1.1
A1
A1
A1
B4
S1
A1.1
A5 B4.2
A6.2
A6.1
L
KING
SPSS
SPSS
KING
W/D
L
SPSS
KING
SPSS
SPSS
SPSS
SPSS
REF. DW B B
P
C1
1,412 SF
12'-0" 3'-9"
11'-1 1/2" 7'-1"
5'-2" 7'-1"
46'-6"
10'-4" 13'-11 1/2"
15'-6" 11'-3"
5'-0" 20'-1" 10'-11"
25'-6" 10'-6"
3'-4"
36'-0"

PRIVATE OPEN
SPACE
63 SF
6'-0"

MIXED USE

5.A.b
Packet Pg. 80
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A30

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

P BB
B DW
KING
KING
KING
DPDS
SPSS
SPSS
DPDS
SPSS
SPSS
SPSS
W/D
C2
1,433 SF
51'-4"
42'-10" 8'-6"
10'-4"
14'-1 1/2" 7'-1" 6'-2" 7'-1"
11'-6"
6'-4 1/2"
13'-6 1/2"
18'-7 1/2" 10'-2 1/2" 10'-6"
7'-3 1/2"
11'-0 1/2" 19'-10 1/2"
25'-0" 6'-0"
30'-11"

PRIVATE OPEN
SPACE
63 SF
10'-6"

T HUB MIXED USE

5.A.b
Packet Pg. 81
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A31

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

TYPICAL UNIT PLANS
B1.1
B1.3
B1
B1
A4 B1
B1
C3 A2 B5
B2
B2 B2
B2
S1
B3 B3
B2
A1 A1
B2
A1.1
A1.1 A1 A1 A1 A1
C1
B4.3 S1
A1
A1 A1
S1
A1.1 A1.1
A1.1 A1 A1 B1
A1.1
A1.1
S1
S1
A1.1
S1
A3 A3 A3 A3
B4.1
C2
B4.1
B2
A1.1
S1
A1.1
A1.1
A1
A1
A1
B4
S1
A1.1
A5 B4.2
A6.2
A6.1
KING
SPSS
SPSS
KING
L
SPSS
SPSS
SPSS
SPSS
KING
SPSS
REF. B B DW P
SPSS
C3
1,326 SF
7'-1"
10'-4" 10'-0"
6'-2" 13'-7 51/64"
10'-8"
12'-10" 10'-4"
12'-0" 5'-6" 7'-1"
26'-10" 9'-3"
36'-1"
9'-3"
37'-11 1/2"
32'-5"
11'-7 1/2"

PRIVATE OPEN
SPACE
69 SF
5'-6"

UB MIXED USE

5.A.b
Packet Pg. 82
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE

FREMONT, CA
0’ 2’ 4’ 8’ DISCRETIONARY A32

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

SECTION ASECTION A
FREMONT BLVD.

MOWRY AVE.

VALERO

LOADING
RESID.

TRASH RM #1
CAPITOL AVE. EXTENSION
(E) PARKING
GARAGE
RESID.

TRASH RM #3
RETAIL
TRASH
LOBBY 1
4,156 SF

STAGING

SECTION B

SECTION B
GARAGE
ENTRY
ELECT.

CO-WORK RM 1
FIRE
CNTRELECT RM 2

FIRE PUMP
ROOM
RES. LOADING BIKE PARKING
MECH. VENTILATED PER
CBC 406.6
TYP.
24'-0" 19' TYP.
9' TYP.

RESTAURANT
3,310 SF

DOMESTIC

PUMP RM
ELECT.

RM 3
SUB SURF.

TRANSFORMERS
SUB SURF. TRANSFORMERS

LEASING MAIL

RESTAURANT
2,398 SF
RETAIL
1,117 SF
RETAIL
1,117 SF
RESID.

TRASH
RM #2
TRASH

STAIR STAIR
MPOE

UTILITY
TH1 TH1 TH1 TH1 TH1 TH2 TH1
44'-0" 22'-0" 22'-0" 47'-0"
49'-9"
51'-0"
47'-6"
LOBBY 2
2,012 SF
28'-0" 28'-0" 26'-3"
14'-0" 14'-0" 14'-0" 14'-0" 14'-0" 12'-3"
69'-6"

RESTAURANT
2,227 SF

STAGING
RETAIL
679 SF
RETAIL
679 SF

RESTAURANT
679 SF
RETAIL
679 SF
RETAIL
679 SF
RETAIL
594 SF
RAMP
UP

WEST RETAIL
PLAZA

EAST RETAIL

PLAZA SOUTH PLAZA
ENTRY
PLAZA

PROPOSED

PHARMACY
20'-0"

PROPERTY LINE

PROPERTY LINE
6"
3'-3"
6"
1'-0"
6"
1'-0" 1'-0" 7"
KING
KING
SPSS
SPSS
SPSS
SPSS
SPSS
SPSS
W/D
REF. BB DW P
B B B
LEVEL 1 LEVEL 2 20'-0" 6'-0"
26'-0"
10'-3" 5'-2" 14'-7"
21'-7" 8'-5"
10'-4" 10'-0"
11'-6"
26'-4" 6'-0"
7'-2"
12'-4" 5'-8" 6'-1"
32'-4"
30'-0"
21'-7" 8'-5"
30'-0"
7'-1" 17'-5"
6'-1"
30'-0"
TH1
729 SF
TH1
739 SF

PRIVATE OPEN
SPACE
63 SF
7'-6"

UB MIXED USE
1/4" = 1'-0"
1 SD Unit-TH1
GARAGE
LOBBY 1

RESTAURANT

RESTAURANT
RETAIL
RETAIL
TH1 TH1 TH1 TH1 TH1 TH2 TH1
LOBBY 2

RESTAURANT
RETAIL
RETAIL

RESTAURANT
RETAIL
RETAIL
RETAIL

5.A.b
Packet Pg. 83
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A33 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

MATERIAL BOARD
P1- METAL RAINSCREEN PANEL- IVORY S1- COMPOSITE WOOD CLAD STOREFRONT R1- GLASS RAILING SYSTEM R2- PAINTED FLAT-BAR METAL RAIL SYSTEM
R3- DECORATIVE METAL. PANEL RAIL
P2- HPL PANEL- “BRONZE PATINA” S2- DK. BRONZE/BLACK ALUMINUM STOREFRONT P3- HPL PANEL- SLAT PATTERN- VARIED COLORS “SILVER” FINISH PAINTED METAL SUNSHADE P4- COMPOSITE WOOD PANEL

SAND FINISH

LIGHT GREY
CP1- CREAM
CP2- TAUPE
CP3- WARM GREY
CP4- CHARCOAL

CP- CEMENT PLASTER P- PANEL S- STOREFRONT

W- VINYL RESIDENTIAL WINDOW

A- SUNSHADE

G- GARAGE SCREEN

ST- STONE VENEER

RAILING SYSTEMS

5.A.b
Packet Pg. 84
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ 10’ 20’ 40’ A34 SCALE: 1” = 20’- 0”

ELEVATIONS
FREMONT BLVD. ELEVATION

MATERIAL KEY
CP1 CEMENT PLASTER - CREAM
CP2 CEMENT PLASTER - TAUPE
CP3 CEMENT PLASTER - WARM GREY
CP4 CEMENT PLASTER - CHARCOAL
P1 METAL RAINSCREEN PANEL - IVORY
P2 HPL PANEL - BRONZE PATINA

A SUNSHADE - PAINTED METAL SUNSHADE
R1 GLASS RAILING SYSTEM
R2 PAINTED FLAT-BAR METAL RAIL SYSTEM
R3 DECORATIVE METAL PANEL RAIL

G GARAGE SCREEN
SN1 BUILDING ID SIGNAGE
SN2 RETAIL SIGNAGE
DR1 UTILITY DOOR - ROLLUP DOOR
DR2 UTILITY DOOR - SWING DOOR
DR3 GARAGE ENTRY DOOR
R2 S1CP2 R1 CP4 SN1 P2 P5 R2 P1 P3 W ST S1 P4 P1
P3 HPL PANEL - SLAT PATTERN (VARIED COLORS)
P4 COMPOSITE WOOD PANEL
P5 MTL. FASCIA- “BRONZE”

ST STONE VENEER
S1 STOREFRONT - COMPOSITE WOOD CLAD
S2 STOREFRONT - DARK BRONZE/BLACK ALUMINUM

W VINYL RESIDENTIAL WINDOW
FREMONT BLVD. ELEVATION

5.A.b
Packet Pg. 85
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ 10’ 20’ 40’ A35 SCALE: 1” = 20’- 0”

ELEVATIONS

MATERIAL KEY
CP1 CEMENT PLASTER - CREAM
CP2 CEMENT PLASTER - TAUPE
CP3 CEMENT PLASTER - WARM GREY
CP4 CEMENT PLASTER - CHARCOAL
P1 METAL RAINSCREEN PANEL - IVORY
P2 HPL PANEL - BRONZE PATINA

A SUNSHADE - PAINTED METAL SUNSHADE
R1 GLASS RAILING SYSTEM
R2 PAINTED FLAT-BAR METAL RAIL SYSTEM
R3 DECORATIVE METAL PANEL RAIL

G GARAGE SCREEN
SN1 BUILDING ID SIGNAGE
SN2 RETAIL SIGNAGE
DR1 UTILITY DOOR - ROLLUP DOOR
DR2 UTILITY DOOR - SWING DOOR
DR3 GARAGE ENTRY DOOR
NOTE: SEE STOREFRONT FRONTAGE
COMPLIANCE DIAGRAM - SHEET A39
CP2 P4 S2 R2 P2 SN2 CP1 A W P4 CP1 A S2 R1 S1 P5 SN2 P2 ST CP2 P4 S1 P3 P1 P2

CAPITOL AVE EXTENSION ELEVATION
P3 HPL PANEL - SLAT PATTERN (VARIED COLORS)
P4 COMPOSITE WOOD PANEL
P5 MTL. FASCIA- “SILVER”

ST STONE VENEER
S1 STOREFRONT - COMPOSITE WOOD CLAD
S2 STOREFRONT - DARK BRONZE/BLACK ALUMINUM

W VINYL RESIDENTIAL WINDOW

5.A.b
Packet Pg. 86
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ 10’ 20’ 40’ A36 SCALE: 1” = 20’- 0”

ELEVATIONS

SOUTH ELEVATION

MATERIAL KEY
CP1 CEMENT PLASTER - CREAM
CP2 CEMENT PLASTER - TAUPE
CP3 CEMENT PLASTER - WARM GREY
CP4 CEMENT PLASTER - CHARCOAL
P1 METAL RAINSCREEN PANEL - IVORY
P2 HPL PANEL - BRONZE PATINA

A SUNSHADE - PAINTED METAL SUNSHADE
R1 GLASS RAILING SYSTEM
R2 PAINTED FLAT-BAR METAL RAIL SYSTEM
R3 DECORATIVE METAL PANEL RAIL

G GARAGE SCREEN
SN1 BUILDING ID SIGNAGE
SN2 RETAIL SIGNAGE
DR1 UTILITY DOOR - ROLLUP DOOR
DR2 UTILITY DOOR - SWING DOOR
DR3 GARAGE ENTRY DOOR
P4 S1 A CP4 P3 R3 CP1 DR1 ST W DR2 CP4 P2 S2 SN2 CP2 A
P3 HPL PANEL - SLAT PATTERN (VARIED COLORS)
P4 COMPOSITE WOOD PANEL
P5 MTL. FASCIA- “SILVER”

ST STONE VENEER
S1 STOREFRONT - COMPOSITE WOOD CLAD
S2 STOREFRONT - DARK BRONZE/BLACK ALUMINUM

W VINYL RESIDENTIAL WINDOW

5.A.b
Packet Pg. 87
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ 10’ 20’ 40’ A37 SCALE: 1” = 20’- 0”

ELEVATIONS

MATERIAL KEY
CP1 CEMENT PLASTER - CREAM
CP2 CEMENT PLASTER - TAUPE
CP3 CEMENT PLASTER - WARM GREY
CP4 CEMENT PLASTER - CHARCOAL
P1 METAL RAINSCREEN PANEL - IVORY
P2 HPL PANEL - BRONZE PATINA
P3 HPL PANEL - SLAT PATTERN (VARIED COLORS)
P4 COMPOSITE WOOD PANEL
P5 MTL. FASCIA- “SILVER”

ST STONE VENEER
S1 STOREFRONT - COMPOSITE WOOD CLAD
S2 STOREFRONT - DARK BRONZE/BLACK ALUMINUM

W VINYL RESIDENTIAL WINDOW

A SUNSHADE - PAINTED METAL SUNSHADE
R1 GLASS RAILING SYSTEM
R2 PAINTED FLAT-BAR METAL RAIL SYSTEM
R3 DECORATIVE METAL PANEL RAIL

G GARAGE SCREEN
SN1 BUILDING ID SIGNAGE
SN2 RETAIL SIGNAGE
DR1 UTILITY DOOR - ROLLUP DOOR
DR2 UTILITY DOOR - SWING DOOR
DR3 GARAGE ENTRY DOOR
P1 P3 A CP2 SN1 R2 ST CP1 DR3 G W R1 CP3 P4 DR1 CP4 G DR2 W ST S1 A

WEST ELEVATION

5.A.b
Packet Pg. 88
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
0’ 10’ 20’ 40’ A38

LOBBY / LEASING / AMENITY
UNITS

PARKING
BOH

COLOR LEGEND

LIMIT OF TYPE I CONSTRUCTION
RETAIL
SCALE: 1” = 10’- 0”

SECTIONS
2ND STORY
3RD STORY
4TH STORY

GARAGE UPPER LEVEL
1ST STORY
5TH STORY
6TH STORY
ROOF
RETAIL
21'-6"
GARAGE
LOUNGE

CAPITOL AVE EXTENSION

RESIDENTIAL
UNIT
1ST STORY
(ZONING

DEFINITION)
75' HEIGHT
LIMIT
0'-0"
10'-6"
31'-7"
41'-8"
51'-9"
61'-10"
72'-11"
2ND STORY
3RD STORY
4TH STORY

GARAGE UPPER LEVEL
1ST STORY
5TH STORY
6TH STORY
ROOF
GARAGE

RESIDENTIAL UNIT

BIKE PARKING TOWNHOUSE
75' HEIGHT LIMIT
21'-6"
0'-0"
10'-6"
31'-7"
41'-8"
51'-9"
61'-10"
72'-11"
FREMONT HUB MIXED USE 0' 10' 40' 20' OVERALL BUILDING SECTIONS A-3.0 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020
1" = 20'-0" 1 SECTION A
1" = 20'-0" 2 SECTION B
2ND STORY
3RD STORY
4TH STORY

GARAGE UPPER LEVEL
1ST STORY
5TH STORY
6TH STORY
ROOF
RETAIL
21'-6"
GARAGE
LOUNGE

CAPITOL AVE EXTENSION

RESIDENTIAL
UNIT
1ST STORY
(ZONING

DEFINITION)
75' HEIGHT
LIMIT
0'-0"
10'-6"
31'-7"
41'-8"
51'-9"
61'-10"
72'-11"
2ND STORY
3RD STORY
4TH STORY

GARAGE UPPER LEVEL
1ST STORY
5TH STORY
6TH STORY
ROOF
GARAGE

RESIDENTIAL UNIT

TYPE I CONST.

TYPE III CONST.

TYPE I CONST.

SECTION B

SECTION A
3 HR. RATED TYPE IA HORIZONTAL ASSEMBLY COMPLYING WITH CBC SECTION 510 SPECIAL PROVISION

5.A.b
Packet Pg. 89
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL

LANDSCAPE NARRATIVE AND

CONCEPT IMAGERY
L1.0B
Narrative
Fremont is situated on the edge of the
San Francisco bay, once part of the bay
marshlands.

A very short distance to the north is the
Vargas Plateau which has been carved over
the years to form Niles canyon.

Hills, Creeks and Marshes all influence
Fremont. We are inspired by these features.

The hills provide us beautiful vistas to
the north and the east. The creeks send
water flowing through the site and the Salt
marshes provide a canvas on which we
celebrate the connection between urban
plazas.

5.A.b
Packet Pg. 90
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
GROUND LEVEL L1.1B
SITE PLAN SCALE: 1” = 40’- 0” 20’ 40’ 80’
Arrival Plaza - Accent Paving
and built-in Seating
Project Entry - Arrival Planting
of Palm Trees
15’ Wide Concrete Sidewalk
Street Trees in 5’x10’ Tree Grates
(Centered on the sidewalk)
Existing Palms at Retail
Southern Residential Planting
Northern Residential Planting -
Two Layers of Trees
45-Degree Parking at
Traditional Curb
45-Degree Parking at Zero Curb
Parallel Parking at Traditional
Curb
Turf Area
Screening Planting
Grand Shade Structure
Splash Pad
Bike Racks - Refer to Bike
Parking Diagram (Sheet A41)
Linear Accent Paving
Raised Seatwall Planters:

Existing Trees to Remain - Refer
to the Tree Survey / Preservation
Plan on Sheet L5.1B
Bus Stop / Shelter
Small Planting Pockets for Vine
Planting
Outdoor Dining Area
Focal Sculpture/Art Piece
123456789
10 11
14 15
16 17
18 19
20 21
22 12
13 Material : Pour in Place Concrete
Color: Natural Gray
Finish: Light Etching / Board Form
Location and Design to be Reviewed and
Approved by the AC Transit
22 22
22 Legend
2 33
44 5
6 7
8 9
9 9
9 10
1 11
11 15
16 18
19 17
17 17
17 12
12 12
13 14
19 Phase 1AProposed
Pharmacy
(E) Parking
Existing Retail to
Remain - Phase 1 Existing Retail to
Remain - Phase 1

MOWRY AVENUE

CAPITAL AVENUE

FREMONT BOULEVARD
17 17
Existing Valero
-Not A Part
20 20
21 5.A.b
Packet Pg. 91
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
SCALE: 1” = 30’- 0” 15’ 30’ 60’ GROUND LEVEL L1.2B

PLANTING PLAN

KEY MAP
1 #859 #860
#861
#862
#960
#961
#962
#963
#964
MATCHLINE SEE SHEET L1.3B
MATCHLINE SEE SHEET L1.2A
CONCEPT SHRUB LISTGROUND LEVEL- PHASE 1B

SPECIES COMMON NAME SIZE
Rosmarinus officinalis
'Huntington Carpet'
Rhaphiolepsis indica 'Clara'
Huntington Carpet
Rosemary
Indian Hawthorn
Baccharis pilularis Coyote Brush
Cycas revoluta
Woodwardia fimbriata
Sago Palm
Giant Chain Fern
Rhaphiolepsis umbellata 'Minor' Dwarf Yedda Hawthorn
Pennisetum spathiolatum Slender Veldt Grass
Aspidistra elatior Cast-Iron Plant
Carex tumulicola
Juncus patens
Berkeley Sedge
California Gray Rush
Rosmarinus officinalis
'Blue Spires'
Rosemary
Trachelospermum japonicum Star Jasmine
Muhlenbergia rigens
Muhlenbergia capillaris
Deer Grass
Muhley Grass
Polystichum munitum Western Sword Fern
Carex pansa Sand Dune Sedge
Muhlenbergia rigens Deer Grass
Pittosporum tobira Japanese Mock Orange

FOREGROUND PLANTING
1 GAL/30" O.C

SPECIES COMMON NAME SIZE

MIDGROUND PLANTING
1 GAL/36" O.C

SPECIES COMMON NAME SIZE

STORMWATER PLANTING
5 GAL/36" O.C

TURF/SOD
"Pidgeon Point"

CONCEPT TREE LIST
GROUND LEVEL- PHASE 1B
Chinese Pistache
Brisbane Box
Pistacia chinensis
Lophostemon confertus

SYMBOL SPECIES COMMON NAME SIZE
24" BOX
24" BOX
Quercus agrifolia Coast Live Oak 36" BOX
Koelreuteria paniculata Goldentrain Tree 24" BOX
Podocarpus gracilior African Fern Pine 24" BOX
Celtis occidentalis Hackberry 24" BOX
Ulmus parvifolia 'Drake' Chinese Elm 36" BOX
Platanus racemosa Western Sycamore 36" BOX
Queen Palm Syagrus romanzoffian
(Proposed)
Phoenix dactylifera Date Palm
Syagrus romanzoffian Queen Palm
18' BTH
MIN
18' BTH
MIN
18' BTH
MIN
Existing Trees - Refer to Tree Survey Plan
on Sheet L5.1B and L5.2B

CONCEPT TREE LIST CONTINUE
GROUND LEVEL- PHASE 1B

SYMBOL SPECIES COMMON NAME SIZE
18' BTH
MIN
Phoenix dactylifera Date Palm

SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS

PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY. FINAL INFORMATION

WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

5.A.b
Packet Pg. 92
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
SCALE: 1” = 30’- 0” 15’ 30’ 60’ GROUND LEVEL L1.3B

PLANTING PLAN
R=8'

CONCEPT TREE LIST
GROUND LEVEL- PHASE 1B
Chinese Pistache
Brisbane Box
Goldentrain Tree
Chinese Elm
Pistacia chinensis
Lophostemon confertus
Koelreuteria paniculata
Ulmus parvifolia 'Drake'

SYMBOL SPECIES COMMON NAME SIZE
24" BOX
24" BOX
24" BOX
36" BOX
Platanus racemosa Western Sycamore 36" BOX
Queen Palm Syagrus romanzoffian
(Proposed)
Phoenix dactylifera Date Palm
Quercus agrifolia Coast Live Oak 36" BOX
Syagrus romanzoffian Queen Palm
18' BTH
MIN
18' BTH
MIN
18' BTH
MIN
Existing Trees - Refer to Tree Survey Plan
on Sheet L5.1B and L5.2B
Podocarpus gracilior African Fern Pine 24" BOX
Celtis occidentalis Hackberry 24" BOX
Phoenix dactylifera Date Palm 18' BTH
MIN
CONCEPT SHRUB LISTGROUND LEVEL- PHASE 1B

FOREGROUND PLANTING
1 GAL/30" O.C

SPECIES COMMON NAME SIZE

MIDGROUND PLANTING
1 GAL/36" O.C

SPECIES COMMON NAME SIZE

STORMWATER PLANTING
5 GAL/36" O.C

TURF/SOD
"Pidgeon Point"

SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS

PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY. FINAL INFORMATION

WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

MATCHLINE SEE SHEET L1.2A
MATCHLINE SEE SHEET L1.2B

KEY MAP

5.A.b
Packet Pg. 93
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
GROUND LEVEL L1.4B

INSPIRATION IMAGES
Narrative
The ground level of the Fremont Hub
Project extends Capitol Ave to the south.

This extension will terminate at the vibrant
and energetic mixed use space of the Hub.

First floor retail will dominate the edge of
the street. Stores will be able to extend
their spaces to the common outdoor
environment. In planning for subsequent
phases, we envision that the retail will be
linked across Capitol ave, with a zero curb
public plaza that allows residents and
shoppers to flow freely from one space to
the next. The public plaza will be activated
with a mixture of retail amenities and public
amenities, creating an exiting gathering
place.

5.A.b
Packet Pg. 94
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
GROUND LEVEL L1.5B

SECTION ELEVATIONS

KEY MAP
1 1
89 Planter Seat Wall - P.I.P Concrete
2 2
56 7
7 10
Built-in Shade Structure
3 3
Splash Pad
4 4
Activity Lawn
5869
Existing Palm Trees
15’ Wide Concrete Sidewalk
Proposed Palm Trees
Street Trees in 5’x10’ Tree Grates, Centered
in the Sidewalk
Zero Curb Planting Street Edge
Street Curb
Legend
10 SECTION B

SECTION A

SECTION B

SECTION A
Scale: 1/8”= 1’-0”
Scale: 1”= 10’-0”

5.A.b
Packet Pg. 95
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
PODIUM LEVEL L2.1B
SITE PLAN SCALE: 1” = 40’- 0” 20’ 40’ 80’
5 9
4 1
14 16
15 12
17 7
2 3
18 12
12 8
8 12
18 13
12 6
6 18
18 10
Legend
1 Swimming Pool (Approx 25’ X 60’)
2 Pool Fence
3 Pool Side Cabana
4 Chaise Lounge Seating
5 Lounge Seating with Fire Table
6 Built-In BBQ and Counter Top with Overhead Shade Structure 7 Elevated Spa Lounge Area (2.5’ above pool deck)
8 BBQ Dining Areas
9 Potted Accent Plants
10 11
15 16
17 18
Artificial Grass Area
Elevated Dog Park
Staircases with Cascading
Planters
Hammocks/Lounge Seating
Typical 30” Raised Podium
Planter Wall
12 42” Height Accent Tree Planter Wall
13 14
Landscape Turf Berm with Natural Boulders
Shade Structure Built Into Landscape Berm
Accent Water Feature

FREMONT BOULEVARD

CAPITAL AVENUE

5.A.b
Packet Pg. 96
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
SCALE: 1” = 30’- 0” 15’ 30’ 60’ PODIUM LEVEL L2.2B

PLANTING PLAN

CONCEPT SHRUB LIST

PODIUM LEVEL

SPECIES COMMON NAME SIZE
Rosmarinus officinalis
'Huntington Carpet'
Rhaphiolepsis indica 'Clara'
Huntington Carpet
Rosemary
Indian Hawthorn
Arbutus unedo 'Compacta'
Baccharis pilularis
Rhaphiolepsis 'Majestic Beauty'
Dwarf Strawberry Tree
NCN
Cycas revoluta
Strelitzia nicolai
Woodwardia fimbriata
Sago Palm
Giant Bird of Paradise
Giant Chain Fern
Rhaphiolepsis umbellata 'Minor' Dwarf Yedda Hawthorn
Pennisetum spathiolatum Slender Veldt Grass
Aspidistra elatior Cast-Iron Plant
Carex tumulicola
Juncus patens
Berkeley Sedge
California Gray Rush
Rosmarinus officinalis
'Blue Spires'
Rosemary
Ligustrum japonicum
'Texanum' Japanese Privet
Trachelospermum japonicum Star Jasmine
Muhlenbergia rigens
Muhlenbergia capillaris
Olea europea 'Little Ollie'
Pittosporum tobira
Deer Grass
Muhley Grass
Little Ollie Dwarf Olive
Japanese Mock Orange
Polystichum munitum Western Sword Fern
Carex pansa Sand Dune Sedge
Muhlenbergia rigens Deer Grass
Pittosporum tobira Japanese Mock Orange

FOREGROUND PLANTING
1 GAL/30" O.C

SPECIES COMMON NAME SIZE

MIDGROUND PLANTING
1 GAL/36" O.C

SPECIES COMMON NAME SIZE

BACKGROUND PLANTING
5 GAL/36" O.C

SPECIES COMMON NAME SIZE

STORMWATER PLANTING
5 GAL/36" O.C

TURF/SOD
Coyote Brush "Pidgeon Point"

SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS

PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY. FINAL INFORMATION

WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

CONCEPT TREE LIST

PODIUM LEVEL
Holly Oak
Brisbane Box
Strawberry Tree
Mondell Pine
Chinese Elm
Date Palm
Quercus ilex
Lophostemon confertus
Arbutus unedo
Pinus Eldarica
Ulmus parvifolia 'Drake'
Phoenix dactylifera

SYMBOL SPECIES COMMON NAME SIZE
24" BOX
24" BOX
24" BOX
24" BOX
24" BOX
18' BTH
MIN
Chamaerops humilis European Fan Palm
Platanus racemosa Western Sycamore 24" BOX
Quercus agrifolia Coast Live Oak 36" BOX
18' BTH
MIN

FREMONT BOULEVARD

5.A.b
Packet Pg. 97
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
SCALE: 1” = 30’- 0” 15’ 30’ 60’ PODIUM LEVEL L2.3B

INSPIRATION IMAGES
Narrative
The design vernacular for the podium
level is inspired by the soft forms of the
meandering creeks and the angular
expression of the architecture. We use
these forms to connect the spaces of
the pool courtyard with the southern
courtyard. Planter wall corners are softened
with radiused corners. Wall angles are
juxtaposed to enhance the motion of the
architecture.

5.A.b
Packet Pg. 98
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’ SCALE: 1” = 10’- 0”

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
5’ 10’ 20’ PODIUM LEVEL L2.4B

SECTION ELEVATIONS

KEY MAP
1 30” Planter Wall - P.I.P Concrete 2
1 1
1 1
1 2
48” Stormwater Planter
Seating Area with Overhead Umbrella
Lounge Seating
3 3
4 Pool Area
Pool Deck-Concrete Paver
Built-in Pool Side Cabana- Wood
Pool 5’ Glass Fencing Gate
Pool Side Furnitures
Landscape Berm with Boulders
Built- in Shade Structure Over
BBQ Area- Wood
BBQ Area Entertainment WallTile Over CMU Block
Built- in BBQ Counter With
BBQ-Tile Over CMU Block
45 5
78 678
6 9
9 10
10 13 11
11 12
12 13
Legend

SECTION A

SECTION C

SECTION B

SECTION C

SECTION B

5.A.b
Packet Pg. 99
Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’ 10’ 20’ 40’ SCALE: 1” = 10’- 0”

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
ROOFTOP LEVEL L3.1B

SITE PLAN

T R R T

CONCEPT TREE LIST

ROOFTOP LEVEL

SYMBOL SPECIES COMMON NAME SIZE QTY WUCOLS
Arbutus 'Marina' Marina Strawberry Tree Low
2 Cinnamomum camphora Camphor Tree
Laurus nobilis 'Saratoga' Saratoga Bay Laurel
Moderate
24" BOX MIN.

CONCEPT SHRUB LIST

ROOFTOP LEVEL

SPECIES COMMON NAME SIZE WUCOLS
Rosmarinus officinalis
'Huntington Carpet'
Huntington Carpet
Rosemary
Baccharis pilularis
QTY
Rhaphiolepsis umbellata 'Minor' Dwarf Yedda Hawthorn
Carex tumulicola Berkeley Sedge Low
Trachelospermum japonicum Star Jasmine Moderate
1 GAL/30" O.C 75 Low
Low
Coyote Brush Low "Pidgeon Point"
Olea europea Olive Tree Very Low
Low
Lophostemon confertus Brisbane Box Low

SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY.

FINAL INFORMATION WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

FOR IRRIGATION NOTES AND MAWA CALCULATIONS PLEASE REFER TO OVERALL PLATING LEGEND ON SHEET L4.0B
IRRIGATION NOTES:

The 7th level amenity space is perfectly
oriented to take advantage of the
spectacular views to the north and east.

This space is reserved for more intimate
gatherings and contemplative relaxation.

Landscape is meant to engage visitors
in a minimal and sublime manner. The
view is everything and seating is meant
to take advantage of that.

Sky Terrace

KEY MAP
10 8
5 5
1 9
1 6
10 6
2 2
11 11
3 4
6 4
10 7
7 5
7 8
10 11
9 Legend
Fire Table and Lounge Seating
TV on Blank Wall
Built-in BBQ
Built-in Bar Height Counter
Accent Paving
Enhanced Seating
Trash/Recycle Bins
Enhanced Paving
Planter
Accent Tree
Low Accent Planter
Note:

Occupiable Space is less than 750 SF

5.A.b
Packet Pg. 100 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
OVERALL L4.0B

PLANTING LEGEND
CONCEPT SHRUB LISTGROUND LEVEL- PHASE 1B

FOREGROUND PLANTING
1 GAL/30" O.C 1,900

SPECIES COMMON NAME SIZE QTY WUCOLS

MIDGROUND PLANTING
Low
Low
1 GAL/36" O.C 340

SPECIES COMMON NAME SIZE QTY WUCOLS

STORMWATER PLANTING
5 GAL/36" O.C

TURF/SOD
Moderate
850
"Pidgeon Point"

CONCEPT SHRUB LIST

PODIUM LEVEL

SPECIES COMMON NAME SIZE WUCOLS
Rosmarinus officinalis
'Huntington Carpet'
Rhaphiolepsis indica 'Clara'
Huntington Carpet
Rosemary
Indian Hawthorn
Arbutus unedo 'Compacta'
Baccharis pilularis
Rhaphiolepsis 'Majestic Beauty'
Dwarf Strawberry Tree
NCN
Cycas revoluta
Strelitzia nicolai
Woodwardia fimbriata
Sago Palm
Giant Bird of Paradise
Giant Chain Fern
QTY
Rhaphiolepsis umbellata 'Minor' Dwarf Yedda Hawthorn
Pennisetum spathiolatum Slender Veldt Grass
Aspidistra elatior Cast-Iron Plant Low
Carex tumulicola
Juncus patens
Berkeley Sedge
California Gray Rush
Rosmarinus officinalis
'Blue Spires'
Rosemary
Low
Low
Low
Ligustrum japonicum
'Texanum' Japanese Privet
Trachelospermum japonicum Star Jasmine Moderate
Moderate
Low
Low
Muhlenbergia rigens
Muhlenbergia capillaris
Olea europea 'Little Ollie'
Pittosporum tobira
Deer Grass
Muhley Grass
Little Ollie Dwarf Olive
Japanese Mock Orange
Low
Low
Very Low
Low
Low
Polystichum munitum Western Sword Fern Moderate
Moderate
Low
Carex pansa Sand Dune Sedge Moderate
Muhlenbergia rigens Deer Grass Low
Pittosporum tobira Japanese Mock Orange Low

FOREGROUND PLANTING
1 GAL/30" O.C 600

SPECIES COMMON NAME SIZE QTY WUCOLS

MIDGROUND PLANTING
Low
Low
1 GAL/36" O.C 1,100

SPECIES COMMON NAME SIZE QTY WUCOLS

BACKGROUND PLANTING
5 GAL/36" O.C 470
Moderate

SPECIES COMMON NAME SIZE QTY WUCOLS

STORMWATER PLANTING
5 GAL/36" O.C

TURF/SOD
Moderate
230

CONCEPT TREE LIST

PODIUM LEVEL
Holly Oak
Brisbane Box
Strawberry Tree
Mondell Pine
Chinese Elm
Date Palm
Quercus ilex
Lophostemon confertus
Arbutus unedo
Pinus Eldarica
Ulmus parvifolia 'Drake'
Phoenix dactylifera

SYMBOL SPECIES COMMON NAME SIZE
24" BOX Moderate
Low
Low
Low
Moderate
Low

QTY WUCOLS
24" BOX
24" BOX
24" BOX
24" BOX
18' BTH
MIN
Chamaerops humilis European Fan Palm Low
Platanus racemosa Western Sycamore 24" BOX Low
Quercus agrifolia Coast Live Oak 36" BOX Low
7 46
7 1
1 8
Coyote Brush Low "Pidgeon Point"

CONCEPT TREE LIST
GROUND LEVEL- PHASE 1B
Chinese Pistache
Brisbane Box
Goldentrain Tree
Chinese Elm
Pistacia chinensis
Lophostemon confertus
Koelreuteria paniculata
Ulmus parvifolia 'Drake'

SYMBOL SPECIES COMMON NAME SIZE
24" BOX Moderate
Moderate
Moderate

QTY WUCOLS
24" BOX
24" BOX
36" BOX
Platanus racemosa Western Sycamore 36" BOX Low
13 29
6 24 Low
Queen Palm Syagrus romanzoffian 6 Low (Proposed)
Phoenix dactylifera Date Palm 5 Low
Quercus agrifolia Coast Live Oak 36" BOX 5 Low
Syagrus romanzoffian Queen Palm Low
18' BTH
MIN
18' BTH
MIN
18' BTH
MIN
18' BTH
MIN

SHRUB/TREE LAYOUT, SPECIES SELECTION, SIZE, QUANTITY, AND SPACING IS PRELIMINARY AND IS SUBJECT TO CHANGE BASED ON UPDATES TO THE BUILDINGS, SITE PLANS, AND NURSERY AVAILABILITY. FINAL INFORMATION WILL CONFORM TO CITY OF FREMONT LANDSCAPE REQUIREMENTS AND WILL BE PROVIDED DURING BUILDING PERMIT APPROVAL PROCESS.

PLANTING NOTES:

1. SMALL TREES (15' TALL) SHALL BE PLACED A MINIMUM OF 6' FROM BUILDINGS AND A MINIMUM OF 4' FROM EDGES OF PAVING, CURBS OR WALLS.

2. MEDIUM TREES (25' TALL) SHALL BE PLACED A MINIMUM OF 10' FROM BUILDINGS AND A MINIMUM OF 4' FROM PAVING, CURBS OR WALLS.

3. LARGE TREES (ABOVE 35' TALL) SHALL BE PLACED A MINIMUM OF 15' FROM BUILDINGS AND A MINIMUM OF 4' FROM PAVING, CURBS OR WALLS.

4. 5' MINIMUM FROM JOINT TRENCH, WATER LINES, WATER METERS AND FIRE HYDRANTS.

5. 8' MINIMUM FROM SANITARY SEWER AND STORM DRAINS.

6. SEE CITY OF FREMONT LDRP PG. LSD-5 "CITY STANDARD TREE CLEARANCES" FOR ADDITIONAL INFORMATION.

MINIMUM TREE CLEARANCE NOTE:

ALL PLANTING AREAS SHALL BE IRRIGATED WITH A FULLY AUTOMATIC CONTROLLED IRRIGATION SYSTEMS USING RAIN

SENSORS AND IRRIGATED ACCORDING TO PLANTING TYPE GROUPINGS AND ENVIRONMENTAL EXPOSURE AS REQUIRED BY AB 325. THE IRRIGATION SYSTEM SHALL BE CAPABLE OF REPEAT CYCLES IN ORDER TO APPLY WATER AT A RATE THE SOIL CAN ABSORB THE APPLIED IRRIGATION WATER. A MASTER CONTROL VALVE SHALL BE INSTALLED TO PREVENT OVER WATERING WHEN VALVES MALFUNCTION. DOMESTIC WATER IS PROPOSED FOR THE PROJECT AND SHALL COMPLY WITH CITY OF FREMONT SERVICES DISTRICT STANDARDS AND ALL LOCAL ORDINANCES. SPRINKLER AND SPRAY HEADS WILL NOT BE SPECIFIED IN PLANTER AREAS LESS THAN 10' WIDE.

IRRIGATION SYSTEM:

PLANT MATERIAL HAS BEEN CHOSEN FOR WATER CONSERVATION AND REDUCED MAINTENANCE CHARACTERISTICS. A MINIMUM OF 40% OF NON-TURF PLANTS WILL HAVE A LOW TO VERY LOW IRRIGATION WATER REQUIREMENT.

WATER CONSERVATION STATEMENT:

MAXIMUM APPLIED WATER ALLOWANCE
MAWA = (ETo) x (0.62) x (0.45 x LA)
ETo**
Total Project Landscaped Area
Total Special Landscaped Area
RESULT
ETo (inches / year)
LA (square feet)
SLA (square feet)
MAWA (gallons / year)

47.0 56,217
0 737,174

VINE PLANTING

SPECIES COMMON NAME SIZE QTY WUCOLS

ESTIMATED TOTAL WATER USE
ETWU = (ETo) x (0.62) x [(PF x HA) / IE + SLA]
Low
Moderate

0.1 0.4

HYDROZONE PLANT FACTOR
(PF)

IRRIGATION
TYPE

IRRIGATION

EFFICIENCY
(IE)

HYDROZONE
AREA
(HA)(sq ft)
(PF x HA)
/ IE
(sq ft)
High
Swimming Pool & Spa

0.9 1.0
Drip
Drip
High Efficiency
Nozzles
-

0.81 29,873
21,140
5,204
1,217
4,690
10,440
5,783
1,503
TOTAL: 57,434 22,416
RESULT
MAWA = 737,174 ETWU = 653,203 gallons /
year

ETWU COMPLIES WITH MAWA
Existing Trees - Refer to Tree Survey Plan
on Sheet L5.1B and L5.2B 9
FOR GROUND LEVEL - PHASE 1A TREE AND SHRUB LIST - REFER TO PLANTING PLAN AND LEGEND ON PHASE 1A PACKAGE, SHEET L1.2A
(Phase 1A & 1B)
(Phase 1A & 1B)
Clytostoma callistegiodes
Distictis buccinatoria
Ficus pumila
Magnolia grandiflora 'Little Gem
Parthenocissus tricuspidata
Solanum jasminoides
Trachelospermum jasminoides
5 GAL/PER PLAN. 14
Lavender Trumpet Vine
Red Trumpet Vine
Creeping Fig
Dwarf Southern Magnolia
Boston Ivy
Potato Vine
Star Jasmine
Moderate
Moderate
Moderate
Moderate
Low
Moderate
Moderate

FOR ROOFTOP LEVEL - TREE AND SHRUB LIST - REFER TO PLANTING PLAN AND LEGEND ON PHASE 1B PACKAGE, SHEET L3.1B
36 Podocarpus gracilior African Fern Pine 24" BOX Moderate Celtis occidentalis Hackberry 24" BOX Low
Phoenix dactylifera Date Palm 18' BTH Low
MIN

0.81 0.81

0.81 5.A.b
Packet Pg. 101 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’ 10’ 20’ 40’ SCALE: 1” = 10’- 0”

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
TREE SURVEY/ L5.1B

PRESERVATION PLAN
(OVERALL 1A AND 1B)
0’ 50’ 100’ 200’ SCALE: 1” = 50’- 0”
870
787
819
820
821
822
823
824
825 826
827
829
828
830
808
803
804
800 802
798
797
796
795
794
792
793
791
789
788 786 785
781 782 783 784
780 779 778 777
776
840
839 838 837 836 835 834 833 832 831
845
846
843
844
842
847
848
849
859 860 861
862
867
871
872
873
874
875
876
877
878
880 879
841
869
868
801 799
790
775
960
961
962
963
964

EXISTING TREE - TO BE REMOVED

TREE SURVEY AREA

EXISTING TREE - TO REMAIN

TREE MITIGATION SCHEDULE
*Of the 140 remaining new trees onsite, 59 trees will be counted towards the mitigation tree requirement.

EXISTING TREES - TOTAL QUANTITY: 85 TREES
EXISTING TREES - TO BE PROTECTED:

EXISTING TREES - TO BE REMOVED:

REQUIRED MITIGATION TREES:

TOTAL NEW TREES ONSITE:

TOTAL NEW STREET / PARKING LOT TREES:
23 TREES
62 TREES
59 TREES
232 TREES
92 TREES
TOTAL REMAINING NEW TREES ONSITE: *140 TREES
NOTES:
**Required mitigation for each tree approved to be removed shall be the planting of one 24" Box replacement trees.

EXISTING TREES - TO BE REMOVED

TREE SURVEY AREA

EXISTING TREES - TO REMAIN

DESCRIPTIONS OF TREE SYMBOL

TREE CANOPY SIZE DELINEATION

TREE TRUNK SHOWING DBH

TREE TAG NUMBER PER ARBORIST REPORT

SYMBOL FOR TREE REMOVAL

EXISTING SITE PLAN

PROPOSED SITE PLAN

SITE PLAN LEGEND
#
(E) Parking

FREMONT BOULEVARD
Existing Retail to
Remain - Phase 1
Existing Retail to
Remain - Phase 1

MOWRY AVENUE
Existing
Valero
-Not A Part
Existing Retail to be
Removed - Phase 1
Proposed Building
Outline (Phase 1B)
Proposed Pharmacy
Building Outline
(Phase 1A)

5.A.b
Packet Pg. 102 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’ 10’ 20’ 40’ SCALE: 1” = 10’- 0”

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
TREE SURVEY/ L5.2B

PRESERVATION

INVENTORY

TREE INVENTORY
*estimated total trunk diameter for multiple trunked trees ID Common Botanical Height DBH Health Status
Protected
Status Frequency Description
775 Ash, Modesto Fraxinus velutina 40' 14" 3 Removal Yes Moderate Narrow canopy; sinuous form; epicormic growth. 776 Ash, Modesto Fraxinus velutina 55' 31" 3 Removal Yes Moderate Codominant attachments at 8'; large spreading surface roots; growing into utility box; large specimen.
777 Ash, Modesto Fraxinus velutina 45' 18" 3 Removal Yes Moderate Narrow attachments; included bark. 778 Ash, Modesto Fraxinus velutina 45' 24" 3 Removal Yes Moderate Multiple fused attachments at 7'; included bark; epicormic growth. 779 Ash, Modesto Fraxinus velutina 55' 25" 3 Removal Yes Moderate Multiple narrow attachments at 12'; epicormic growth; included bark. 780 Ash, Modesto Fraxinus velutina 65' 28" 3 Removal Yes Moderate Multiple attachments at 12'; wide canopy; included bark. 781 Crape Myrtle Lagerstoemia indica 8' 1" 3 Removal No High Young tree; stakes still attached. 782 Crape Myrtle Lagerstoemia indica 8' 1" 3 Removal No High Young tree; stakes still attached. 783 Crape Myrtle Lagerstoemia indica 8' 1" 3 Removal No High Young tree; stakes still attached. 784 Crape Myrtle Lagerstoemia indica 7' 1" 3 Removal No High Young tree; stakes still attached. 785 Ash, Modesto Fraxinus velutina 70' 28" 3 Removal Yes Moderate Epicormic growth on trunk and canopy; codominant at 20' and 30'; poor structure. 786 Ash, Modesto Fraxinus velutina 60' 24" 3 Removal Yes Moderate Epicormic trunk and canopy growth; multiple narrow attachments at 18'; branch dieback. 787 Ash, Modesto Fraxinus velutina 60' 26" 3 Removal Yes Moderate Wide form; codominant at 9'; narrow attachments. 788 Ash, Modesto Fraxinus velutina 55' 24" 3 Removal Yes Moderate Multiple fused attachments at 18'; generally good form. 789 Ash, Modesto Fraxinus velutina 55' 23" 3 Removal Yes Moderate Wide form; multiple attachments at 12'; included bark. 790 Ash, Modesto Fraxinus velutina 55' 26" 3 Removal Yes Moderate Wide canopy; branch dieback; multiple attachments at 10' and 20' 791 Ash, Modesto Fraxinus velutina 70' 39" 3 Removal Yes Moderate Multiple fluxes attachments at 15'; wide canopy; growing in small planting area. 792 Ash, Modesto Fraxinus velutina 50' 28" 3 Removal Yes Moderate Wide canopy; heavy limbs; cavity in trunk; lifting concrete. 793 Ash, Modesto Fraxinus velutina 65' 28" 2 Removal Yes Moderate Epicormic growth; included bark; narrow branch attachments; tip dieback. 794 Ash, Modesto Fraxinus velutina 60' 28" 2 Removal Yes Moderate Multiple attachments at 12'; included bark; epicormic growth; narrow attachments. 795 Carob Ceratponia siliqua 20' 23" 3 Removal Yes Moderate Wide form; healthy dense canopy; included bark; poor structure; lifting concrete. 796 Carob Ceratponia siliqua 18' 37" 2 Removal Yes Moderate Twig dieback; poor structure; crowded; included bark. 797 Carob Ceratponia siliqua 18' 19" 3 Removal Yes Moderate Healthy dense canopy; multiple attachments at 8'; poor branch structure. 798 Pear, Callery, Flowering Pyrus calleryana 20' 16" 2 Removal Yes Moderate Ivy all over tree trunk; multiple attachments at 10'; healthy buds. 799 Juniper, Hollywood Juniperus chinensis 15' 4" 4 Removal No High Growing against building; one sided; healthy and dense. 800 Pear, Bradford Pyrus calleryana 'Bradford' 15' 10" 2 Removal Yes Moderate Multiple attachments at 7'; poor branch structure; open canopy. 801 Juniper, Hollywood Juniperus chinensis 20' 6" 4 Removal Yes High Healthy dense canopy; growing against building. 802 Pear, Bradford Pyrus calleryana 'Bradford' 15' 15" 2 Removal Yes Moderate Poor branch structure; ivy growing up trunk; multiple attachments at 10'. 803 Pear, Bradford Pyrus calleryana 'Bradford' 18' 16" 2 Removal Yes Low Poor structure and form; tear out wounds. 804 Pear, Callery, Flowering Pyrus calleryana 25' 10" 3 Removal Yes Moderate Multiple attachments at 8'; included bark. 808 Pear, Callery, Flowering Pyrus calleryana 25' 10" 3 Removal Yes Moderate Multiple attachments at 8'; included bark; healthy buds. 819 Pear, Callery, Flowering Pyrus calleryana 30' 14" 3 Removal Yes Moderate Narrow canopy and branch attachments; included bark; crowded. 820 Pear, Callery, Flowering Pyrus calleryana 30' 12" 3 Removal Yes Moderate Narrow canopy and branch attachments; included bark; crowded. 821 Pear, Callery, Flowering Pyrus calleryana 30' 10" 3 Removal Yes Moderate Narrow canopy and branch attachments; included bark; crowded. 822 Oak, Coast Live Quercus agrifolia 20' 19" 2 Removal Yes Moderate Bark decay; epicormic growth; twig and branch dieback. 823 Pine, Monterey Pinus radiata 45' 18" 2 Removal Yes Moderate Sinuous form; crowded by other pine; poor structure. 824 Pine, Monterey Pinus radiata 50' 26" 3 Removal Yes Moderate Crowded; heavy lean SE.; clustered branch attachments; heavy branches. 825 Oak, Coast Live Quercus agrifolia 20' 10" 2 Removal Yes Moderate Sparse canopy; bark peel/decay at base; included bark. 826 Oak, Coast Live Quercus agrifolia 20' 18" 2 Removal Yes Moderate Minor twig dieback; epicormic growth; codominant at 6'. 827 Pear, Callery, Flowering Pyrus calleryana 30' 8" 3 Removal Yes Moderate Cluster of pears; included bark; narrow canopy. 828 Pear, Callery, Flowering Pyrus calleryana 30' 9" 3 Removal Yes Moderate Cluster of pears; included bark; narrow canopy. 829 Pear, Callery, Flowering Pyrus calleryana 30' 9" 3 Removal Yes Moderate Cluster of pears; included bark; narrow canopy. 830 Oak, Coast Live Quercus agrifolia 35' 24" 1 Removal Yes Low Little canopy left what is left is epicormic growth; multiple attachments at 8,; bark peeling. 831 Sycamore Platanus x acerfolia 50' 20" 3 Removal Yes Moderate Growing in planter island; good form and structure; heavy limbs. 832 Sycamore Platanus x acerfolia 45' 12" 3 Removal Yes Moderate Growing in planter island; somewhat open canopy; good structure. 833 Sycamore Platanus x acerfolia 45' 12" 3 Removal Yes Moderate Growing in planter island; open canopy; included bark. 834 Sycamore Platanus x acerfolia 45' 16" 3 Removal Yes Moderate Growing in planter island; heavy limbs. 835 Sycamore Platanus x acerfolia 45' 15" 3 Removal Yes Moderate Growing in planter island; poor structure; tear out wound. 836 Sycamore Platanus x acerfolia 50' 15" 3 Removal Yes Moderate Growing in planter island; good structure. 837 Sycamore Platanus x acerfolia 50' 14" 3 Removal Yes Moderate Growing in planter island; leaning. SE.; codominant at 7'. 838 Sycamore Platanus x acerfolia 50' 14" 3 Removal Yes Moderate Growing in planter island; codominant at 8'; heavy limbs. 839 Sycamore Platanus x acerfolia 45' 14" 3 Removal Yes Moderate Growing in planter island; multiple attachments at 8'; narrow attachments. 840 Ash, Modesto Fraxinus velutina 60' 36" 3 Removal Yes Moderate Healthy dense canopy; included bark with narrow attachments; roots are busting concrete. 841 Ash, Modesto Fraxinus velutina 70' 30" 3 Removal Yes Moderate Growing in cluster of ash; narrow branch attachments; epicormic growth. 842 Ash, Modesto Fraxinus velutina 70' 31" 3 Removal Yes Moderate Growing in cluster of ash; narrow branch attachments; epicormic 843 Ash, Modesto Fraxinus velutina 70' 22" 3 Removal Yes Moderate Growing in cluster of ash; narrow branch attachments; epicormic growth; suppressed. 844 Ash, Modesto Fraxinus velutina 70' 27" 3 Removal Yes Moderate Growing in cluster of ash; narrow branch attachments; epicormic growth. 845 Sycamore Platanus x acerfolia 45' 18" 3 Removal Yes Moderate Wide canopy; included bark; growing in planter island. 846 Sycamore Platanus x acerfolia 40' 13" 3 Removal Yes Moderate Clustered branch attachments; poor structure; open canopy.

Exhibit 2: Tree Inventory Matrix
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Removal

5.A.b
Packet Pg. 103 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA AUGUST 18, 2023
TCA # 2021-020
0’ 10’ 20’ 40’ SCALE: 1” = 10’- 0”

DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
TREE SURVEY/ L5.3B

PRESERVATION

INVENTORY

Exhibit 2: Tree Inventory Matrix
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Preserve
Removal
847 Palm, Canary Island Date Phoenix canariensis 30' 31" 4 Removal Yes High Good form and structure; healthy fronds. 848 Palm, Mexican Fan Washingtonia robusta 40' 22" 4 Removal Yes High Good form and structure; dead fronds present. 849 Palm, Canary Island Date Phoenix canariensis 40' 30" 4 Removal Yes High Good form and structure; healthy fronds. 859 Sycamore Platanus x acerfolia 45' 12" 3 Removal Yes Moderate Crowded; good form and structure. 860 Sycamore Platanus x acerfolia 45' 14" 3 Removal Yes Moderate Codominant at 8'; good form and structure; epicormic growth. 861 Sycamore Platanus x acerfolia 55' 19" 4 Preserve Yes Moderate Wide canopy; good form and structure. 862 Sycamore Platanus x acerfolia 55' 20" 3 Preserve Yes Moderate Somewhat open canopy; epicormic growth; heavy limbs. 867 Palm, Queen Syagrus romanzoffiana 25' 11" 4 Removal Yes High Good form and structure; healthy fronds. 868 Palm, Queen Syagrus romanzoffiana 25' 11" 3 Removal Yes High Narrow in some part; history of spikes. 869 Palm, Queen Syagrus romanzoffiana 25' 14" 4 Removal Yes High Large fruit pods; good form and structure. 870 Palm, Queen Syagrus romanzoffiana 25' 11" 4 Removal Yes High Good form and canopy; large fruit pods. 871 Palm, Queen Syagrus romanzoffiana 25' 11" 4 Removal Yes High Good form and canopy; large fruit pods. 872 Palm, Windmill Trachycarpus fortunei 8' 10" 4 Removal Yes High Good form and canopy; growing in planter well. 873 Palm, Windmill Trachycarpus fortunei 8' 10" 4 Removal Yes High Good form and canopy; growing in planter well. 874 Palm, Windmill Trachycarpus fortunei 6' 11" 4 Removal Yes High Good form and canopy; growing in planter well. 875 Palm, Windmill Trachycarpus fortunei 10' 11" 4 Removal Yes High Good form and canopy; growing in planter well. 876 Palm, Windmill Trachycarpus fortunei 8' 11" 4 Removal Yes High Good form and canopy; growing in planter well. 877 Palm, Windmill Trachycarpus fortunei 8' 11" 4 Removal Yes High Good form and canopy; growing in planter well. 878 Palm, Windmill Trachycarpus fortunei 6' 11" 4 Removal Yes High Good form and canopy; growing in planter well. 879 Crape Myrtle Lagerstoemia indica 15' 3" 3 Removal No High Stakes still attached; growing in planter well; damage from stakes. 880 Crape Myrtle Lagerstoemia indica 15' 4" 3 Removal No High Narrow attachments; rubber ties still attached; included bark. 960 Palm, Queen Syagrus romanzoffiana 30' 9" 4 Preserve Yes High Healthy fronds; heavy with fruit; typical form. 961 Palm, Queen Syagrus romanzoffiana 25' 9" 3 Preserve Yes Moderate Small canopy; small frond. 962 Palm, Queen Syagrus romanzoffiana 25' 11" 4 Preserve Yes High Healthy fronds; heavy with fruit; typical form. 963 Palm, Queen Syagrus romanzoffiana 25' 10" 4 Preserve Yes High Healthy fronds; heavy with fruit; typical form. 964 Palm, Queen Syagrus romanzoffiana 25' 11" 4 Preserve Yes High Healthy fronds; heavy with fruit; typical form.

Preserve
Preserve

5.A.b
Packet Pg. 104 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
EXISTING CONDITIONS PLAN C1B

5.A.b
Packet Pg. 105 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
PRELIMINARY GRADING PLAN C2B

5.A.b
Packet Pg. 106 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
PRELIMINARY UTILITY PLAN C3B

5.A.b
Packet Pg. 107 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

PRELIMINARY STORMWATER

CONTROL PLAN
C4B
LEGEND:

REQUIRED SMP COMPONENTS:

SMM COMPONENTS:

5.A.b
Packet Pg. 108 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
TABLE 1 - PROJECT AND SITE ATTRIBUTES 1 Groundwater elevation (above sea level, highest encoutered) 39 Ft TABLE 2 - DRAINAGE MANAGEMENT AREAS (DMAS) & RECEIVING LANDSCAPE BASED MANAGEMENT MEASURES DMA# TOTAL
SF

IMPERVIOUS SF LANDSCAPE /

PERVIOUS SF

EFFECTIVE

IMPERVIOUS SF

MINIMUM SURFACE

OF TREATMENT

MEASURE

PROPOSED

SURFACE OF

TREATMENT

MEASURE

PROPOSED
SIZING
RATIO
SIZING

METHODOLOGY

TYPE OF

MANAGEMENT

MEASURE
SMM# CORRESPONDING

DETAIL(S)
1 3,135 2,790 345 2,825 113 113 4.0% 4%

FLOW-THROUGH

PLANTER
SMM-11
2 3,559 3,345 214 3,366 135 214 6.4% 4%

FLOW-THROUGH

PLANTER
SMM-22
3 5,028 4,814 214 4,835 193 214 4.4% 4%

FLOW-THROUGH

PLANTER
SMM-32
4 22,921 17,740 5,181 18,258 730 758 4.2% 4%

FLOW-THROUGH

PLANTER
SMM-42
5 8,634 7,769 865 7,856 314 327 4.2% 4%

FLOW-THROUGH

PLANTER
SMM-51
6 2,157 1,702 455 1,748 70 71 4.1% 4%

FLOW-THROUGH

PLANTER
SMM-61
7 2,322 1,533 789 1,612 64 68 4.2% 4%

FLOW-THROUGH

PLANTER
SMM-71
8 7,710 7,411 299 7,441 298 299 4.0% 4%

FLOW-THROUGH

PLANTER
SMM-8

PLANTER ON
PODIUM
9 5,917 4,709 1,208 4,830 193 271 5.6% 4%

FLOW-THROUGH

PLANTER
SMM-91
10 4,042 2,427 1,615 2,589 104 174 6.7% 4%

FLOW-THROUGH

PLANTER
SMM-102
11 4,550 4,371 179 4,389 176 179 4.1% 4%

FLOW-THROUGH

PLANTER
SMM-11

PLANTER ON
PODIUM
12 5,820 5,387 433 5,430 217-- 4% SILVA CELLS SMM-12
3 13 8,785 8,367 418 8,409 336
-- 4% SILVA CELLS SMM-13
3 14 8,853
8,652
24,632 (FOR
PHASE 1A & 1B)
201
4,933 (FOR
PHASES 1A & 1B)
8,672
25,125 (FOR
PHASES 1A & 1B)
347
1,005 (FOR PHASE
1A & 1B)
1,124 13.0% 4%

FLOW-THROUGH

PLANTER
SMM-141
15 3,050 1,800 1,250 1,925 77 99 5.1% 4%

FLOW-THROUGH

PLANTER
SMM-152
16 7,694 7,398 296 7,428 297 297 4.0% 4%

FLOW-THROUGH

PLANTER
SMM-16

PLANTER ON
PODIUM
17 10,086 6,482 3,262 7,150 286 293 4.3% 4%

FLOW-THROUGH

PLANTER
SMM-17

PLANTER ON
PODIUM
18 24,252 23,001 1,251 23,126 925
-- 4% SILVA CELLS SMM-18
3 19 5,345 4,590 755 4,666 187 214 4.6% 4%

FLOW-THROUGH

PLANTER
SMM-191
20 26,813 20,974 5,839 21,558 862 862 4.0% 4%

FLOW-THROUGH

PLANTER
SMM-201
21 1,615 1,117 498 1167 47 65 5.6% 4%

FLOW-THROUGH

PLANTER
SMM-211
22 3,278 2,476 802 2,556 102 139 5.4% 4%

FLOW-THROUGH

PLANTER
SMM-221
23 6,411 4,769 1,162 4,885 195 268 5.5% 4%

FLOW-THROUGH

PLANTER
SMM-231
24 6,576 6,281 295 6,311 252 295 4.7% 4%

FLOW-THROUGH

PLANTER
SMM-242
25 3,713 3,542 171 3,559 142 171 4.8% 4%

FLOW-THROUGH

PLANTER
SMM-252
26 3,743 3,465 278 3,493 140 183 5.2% 4%

FLOW-THROUGH

PLANTER
SMM-262
27 3,182 3,053 129 3,066 123 129 4.2% 4%

FLOW-THROUGH

PLANTER
SMM-27

PLANTER ON
PODIUM
28 4,460
4,384
5,165 (FOR
PHASES 1A & 1B)
76 996 (FOR PHASE
1A & 1B)
4,392
5,265 (FOR
PHASE 1A & 1B)
176
211 (FOR PHASE 1A
& 1B)
230 5.2% 4%

FLOW-THROUGH

PLANTER
SMM-281
29 5,349 4,870 479 4,918 197 211 4.3% 4%

FLOW-THROUGH

PLANTER
SMM-291
30 8,486 7,401 1,085 7,510 300 409 5.3% 4%

FLOW-THROUGH

PLANTER
SMM-301
31 6,331 5,348 983 5446 218 585 10.7% 4%

FLOW-THROUGH

PLANTER
SMM-311
32 10,588 9,417 1,171 9,534 381 424 4.4% 4%

FLOW-THROUGH

PLANTER
SMM-321
33 1,305 1,216 89 1,225 49 89 7.3% 4%

FLOW-THROUGH

PLANTER
SMM-331
34 11,607 8,523 3,084 8,831 353 396 4.5% 4%

FLOW-THROUGH

PLANTER
SMM-341
35 1,887 1,812 75 1,820 73 75 4.1% 4%

FLOW-THROUGH

PLANTER
SMM-351
36 4,596 2,930 2,146 3,145
---- UNTREATED--
37 792 52 740
- 26 27 1.9:1 2:1 RATIO SELF RETAINING --
TOTAL 255,135 216,281 38,854--------
PRELIMINARY STORMWATER C5B

CONTROL PLAN
TABLE 3 - IN LIEU OF AREAS, SEE NOTE 3
DMA# TOTAL
SF

IMPERVIOUS SF LANDSCAPE /

PERVIOUS SF

EFFECTIVE

IMPERVIOUS SF

MINIMUM SURFACE

OF TREATMENT

MEASURE

PROPOSED SURFACE

OF TREATMENT

MEASURE

PROPOSED
SIZING
RATIO
SIZING

METHODOLOGY

TYPE OF

MANAGEMENT

MEASURE
SMM# DETAIL
(E) DMA-38 2,495 2,397 98 2,407 96 98 4.1% 4%

FLOW-THROUGH

PLANTER
SMM-391
(E) DMA-39 317
317
5,165 (FOR
DMA-22 & (E)
DMA-39)
0 802 (FOR DMA-22
& (E) DMA-39)
317
2872 (FOR
DMA-22 & (E)
DMA-39)
115 139 4.8% 4%

FLOW-THROUGH

PLANTER
SMM-221

5.A.b
Packet Pg. 109 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW

PRELIMINARY SIGNING AND

STRIPING PLAN
C6B

5.A.b
Packet Pg. 110 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
PRELIMINARY CROSS SECTIONS C7B

5.A.b
Packet Pg. 111 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
PRELIMINARY CROSS SECTIONS C8B

5.A.b
Packet Pg. 112 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
PHASE 1B

FREMONT, CA

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW
PRELIMINARY EASEMENT PLAN C9B

5.A.b
Packet Pg. 113 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) West Elevations
18'-0"
11'-6"
15'-6"
Reduce width of all
Pilasters from 4' to 3'
3'
Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Required Storefront Exhibit G11 C B A 39' - 0"
2' - 0"
12' - 0"
ABC
2'-12' Wall Area 240 700 480
Required Percentage
Required Glass Area
Provided Glass Area 202 432 144
Provided Percentage
A B C
2'-12' Wall Area 240 700 480
Required Percentage
Required Glass Area
Provided Glass Area 202 432 360
Provided Percentage
A B C
Ground Face Area 240 700 480
Required Percentage
Required Glass Area
Provided Glass Area 160 540 360
Provided Percentage
ABC Total Total
2'-12' Wall Area 240 700 480 1420 1420 SF
Required Percentage 70% 70%
Required Glass Area 994 994 SF
Provided Glass Area 202 432 144 778 778 SF
Provided Percentage 55% 55% A B C Total Total
2'-12' Wall Area 240 700 480 1420 1420 SF
Required Percentage 70% 70%
Required Glass Area 994 994 SF
Provided Glass Area 202 432 360 994 994 SF
Provided Percentage 70% 70% A B C Total Total
Ground Face Area 240 700 480 1420 1900
Required Percentage 70% 70%
Required Glass Area 994 1330
Provided Glass Area 160 540 360 1060 1420
Provided Percentage 75% 75%
Required Glass Area
Proposed Glass Area
Ground Face Area

5.A.b
Packet Pg. 114 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A39 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

PLANNING CODE

FRONTAGE EXHIBITS

SHOPFRONT NOTES AND LEGEND
PER FMC TABLE 18.43.230
HEIGHT (CLR.) TO TOP OF OPENING
(12’ MIN. TO 22’ MAX.)
HEIGHT (CLR.) TO UNDERSIDE OF AWNING
(8’ MIN. TO 18’ MAX.)

WIDTH OF STOREFRONT BAYS
(8 MIN. TO 25’ MAX.)

HEIGHT OF BULKHEAD (BASE)
(8” MIN. TO 42” MAX.)

DEPTH OF RECESSED ENTRY
(NO MIN,10’ MAX. FOR UP TO 25% OF FACADE)
GLASS AREA % OF GROUND FACADE
(70% MIN. TO 90% MAX.)
12’-0”
12’-0”
12’-0”
12’-0”
15’-6”
20’-10”
20’-6”
13’-4”
8”
8”

89.5% 8”

89.5%

87.2%
6” TYP.
6” TYP.
2’-6”
9’-0”
a
a
a
c
b
a
a
a
a
a
a
2 2
2 2
1 1
1 1
b
b
b
b
c
d
d
d
d
e
e
e
c e
c
c

2. PARTIAL CAPITOL AVE STOREFRONT ELEV.- SOUTH SEGMENT

3. FREMONT BLVD. FORECOURT FRONTAGE

3. SOUTH SEGMENT

2. SOUTH SEGMENT 1. NORTH SEGMENT

1. PARTIAL CAPITOL AVE STOREFRONT ELEV.- NORTH SEGMENT
FMC TABLE 18.43.230

ELEVATION KEY
25’-2”
5’-0”
27’-0”
14’-0”12’-0”
8’-0”

89.1% 8”
2”
a1 a2 b
d
e c

5.A.b
Packet Pg. 115 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA 0’ 20’ 40’ 80’ A40 SCALE: 1” = 40’- 0”

DISCRETIONARY

DESIGN REVIEW
AUGUST 18, 2023
TCA # 2021-020

STORAGE DIAGRAM
RESID.

STORAGE #2A
RESID.

STORAGE #2B

HATCH INDICATES

UNITS USING

PRIVATE PATIO

STORAGE
A1.1 A1.1
A1.1 A1.1 B2
B2
A1.1
A1.1
B2
B2
B2 B2 A1.1
A1.1
A1.1
A1.1
A1.1
B2 A1.1

RESIDENTIAL
STORAGE #1A
RES. STOR. #1C
RES. STOR. #1B
STAIR
RES. STORAGE #1A
83 LOCKERS PER ROOM
4'-0"x3'0" = 12 SQ.FT
12 SQ.FT x 9' H = 108 CU.FT

PER INDIVIDUAL STORAGE
LOCKER
4'-9"
4'-0" 4'-0" 4'-0" 4'-0" 5'-0"
4'-2"
3'-8" 3'-8"
RES. STORAGE #1B
13 LOCKERS PER ROOM
4'-0"x3'0" = 12 SQ.FT
12 SQ.FT x 9' H = 108 CU.FT

PER INDIVIDUAL STORAGE
LOCKER
4'-0" 6'-9"
4'-10" 4'-10"
4'-2"
7 6'-8" '-3"
RES. STORAGE #1C
16 LOCKERS PER ROOM
4'-0"x3'0" = 12 SQ.FT
12 SQ.FT x 9' H = 108 CU.FT

PER INDIVIDUAL STORAGE
LOCKER
B2
A1.1
3'-6 1/2"
3'-2"
3'-0"
6'-6 1/2"
3'-6 1/2" x 3'-2" = 11.22 SQ.FT

11.22 SQ.FT x 9' H = 100.98 CU.FT.

PER PATIO CLOSET
6'-6 1/2" x 3'-0" = 19.62 SQ.FT

19.62 SQ.FT x 9' H = 176.58 CU.FT.

PER PATIO CLOSET
RES. STORAGE #2A
10 LOCKERS PER ROOM

CORRIDOR
4'-6"
3'-8"
3'-10"
6'-4"
4'-0"x3'0" = 12 SQ.FT
12 SQ.FT x 9' H = 108 CU.FT

PER INDIVIDUAL STORAGE
LOCKER
60"

CORRIDOR
3'-11"
3'-8"
60" RES. STORAGE #2B
17 LOCKERS PER ROOM
4'-0"x3'0" = 12 SQ.FT
12 SQ.FT x 9' H = 108 CU.FT

PER INDIVIDUAL STORAGE
LOCKER
3'-8"
FREMONT HUB MIXED USE 0' 20' 80' 40' STORAGE DIAGRAM A-0.17 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020
PRIVATE STORAGE (FMC 18.43.070)
REQUIRED: 100CU.FT PER UNIT ON THE PATIO OR WITHIN

DEDICATED STORAGE LOCKER

UNIT TYPE PATIO CLOSET STORAGE LOCKER
STUDIO - 43
1-BED 54 100
2-BED 33 67
3-BED - 13
TOWN HOUSE - 7
TOTAL 87 230
PRIVATE STORAGE LOCKERS:

ROOM NAME RM QTY # OF LOCKERS
RES.STORAGE RM #1A 1 83
RES.STORAGE RM #1B 1 13
RES.STORAGE RM #1C 1 16
RES.STORAGE RM #2A-6A 5 50
RES.STORAGE RM #2B-5B 4 68
12 230
RESIDENTIAL STORAGE RM. #1A - 83 LOCKERS
SCALE 3/32” = 1’-0”
RESIDENTIAL STORAGE RM. #1B - 13 LOCKERS
SCALE 3/32” = 1’-0”
RESIDENTIAL STORAGE RM. #2B - 17 LOCKERS
SCALE 3/32” = 1’-0”
RESIDENTIAL STORAGE RM. #2A - 10 LOCKERS
SCALE 3/32” = 1’-0”
TYP. PATIO CLOSET
SCALE 3/32” = 1’-0”
RESIDENTIAL STORAGE RM. #1C - 16 LOCKERS
SCALE 3/32” = 1’-0”
STORAGE DIAGRAM - KEY PLAN - TYP.LEVEL
SCALE 1” = 60’-0”
STORAGE DIAGRAM - KEY PLAN - LEVEL 1 UPPER
SCALE 1” = 60’-0”

5.A.b
Packet Pg. 116 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB MIXED USE
FREMONT, CA A41 DISCRETIONARY

DESIGN REVIEW

RESUBMITTAL
AUGUST 18, 2023
TCA # 2021-020

BIKE PARKING DIAGRAM
STOP
O ST P
FREMONT BLVD.

CAPITOL AVE. EXTENSION

RESIDENTIAL

LONG TERM

BIKE PARKING

WEST RETAIL
PLAZA

SOUTH PLAZA
ENTRY
PLAZA

RETAIL SHORT TERM

BIKE PARKING,
6 BIKE SPACES

RESIDENTIAL

SHORT TERM

BIKE PARKING
10 SPACES

RESIDENTIAL SHORT

TERM BIKE PARKING,
8 BIKE SPACES

RESIDENTIAL SHORT

TERM BIKE PARKING,
8 BIKE SPACES

RESIDENTIAL SHORT

TERM BIKE PARKING,
8 BIKE SPACES

RESIDENTIAL SHORT

TERM BIKE PARKING,
2 BIKE SPACES

RETAIL LONG TERM

BIKE PARKING,
3 BIKE SPACES
5'-0" 5'-0"
5'-2"
64'-2 1/2"
31'-7"
16'-2"

LONG-TERM BIKE PARKING -

DERO DUPLEX DOUBLE TIER SYSTEM
ASSUMED CAPACITY - 2 BIKES PER RACK
3'-0" 3'-0" 3'-0"
FREMONT HUB MIXED USE 0' 20' 80' 40' BIKE PARKING DIAGRAM A-0.18 Fremont, CA 05-26-2022
Kimco realty
TCA#2021-020
PROPOSED LONG-TERM BIKE PARKING SYSTEM:

DERO DUPLEX DOUBLE TIER
PROPOSED SHORT-TERM BIKE PARKING RACK:

FGP BIKE RACK BY LANDSCAPE FORMS
(6"D x 30"W x 21"H)

REQUIRED BICYCLE PARKING
RESIDENTIAL BICYCLE PARKING:

LONG TERM (2, PLUS 0.5 PER UNIT) 159
SHORT TERM (4, PLUS 1 PER 10 UNITS) 35
RETAIL BICYCLE PARKING:

LONG TERM (1, PLUS 5% OF RETAIL PARKING) 3
SHORT TERM (4, PLUS 5% OF RETAIL PARKING) 6
(FMC 18.183.135) PROVIDED BICYCLE PARKING
RESIDENTIAL BICYCLE PARKING:

LONG TERM
SHORT TERM 35
RETAIL BICYCLE PARKING:

LONG TERM 3
SHORT TERM 6
243

5.A.b
Packet Pg. 117 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) X
13,000 SF
Parking
5 spaces
Parking
46 spaces
Parking
11 spaces
14'
98'-0"
134'-6"
5' 8'-6"
9'
23'-0"
Loading Area
Drive Thru LaneDrive Thru Lane
Entry
Plaza
Sidewalk
14' 11'-6"
Sidewalk
11'-0" 11'-0" 14'-0" 4'-2"
11'-0" 11'-0"
Pharmacy
Main
Entry
Storefront
(3 High Windows)
Service Entry
Drive-thru
Pharmacy Window
99 linear ft of storefront glass provided
(70% x 135' horizontal area of the facade)
18'
Storefront
(2 Full Height Windows)
Trash
58'-0" 135'-0" 130'-9"
323'-9"
(100%)
(42%) (40%) (18%)
R=8'
R=22'
R=22'
R=2.5' 17'
(E) Curb to
be Removed
13'-6"
Storefront
(3 Full Height Windows)
Decorative
Screen wall
(E) Transformer
(E) Bus Stop
Setback
Property Line
(E) Utility Vault
(E) Street Light
(E) Street Light
10'
8 Short-Term
Bikes
4 Long-Term
Bikes
Ross

F R E M O N T B O U L
CVS
Staples

F R E M O N T B O U L E V A R D
Lane
Mowry Avenue
N.A.P.
(E)
AT&T
#788 #787 #786
#781 #782 #783 #784
#780 #779 #778 #777
#776
#789
Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Site Plan Phase 1A - Proposed Accessibility and EV Parking Exhibit N
0' 50' 100'
G12
Trash
Accessibility Parking Summary
Total Parking Spaces Provided: 62 spaces
Total Accessible Parking Spaces Provided: 3 spaces (1 Van + 2 Standard) Total Accessible Parking Spaces Required: 3 spaces (per 51-75 spaces) Electric Vehicle Parking Summary
Total Parking Spaces Provided: 62 spaces
Total EV Capable Spaces Required: 19 spaces
Total EV Capable Spaces with EVSE Provided:

Total EV Capable Spaces with EVSE Required: 5 spaces
5 spaces
EVC Space with EVSE (EV Supply Equipment)
Legend
EVC
EVSE
Accessible Parking Space
EVC Space (EV Capable Space)
Total EV Capable Spaces Provided: 19 spaces (17 standard + 2 Accessible) Total Accessible EV Capable Spaces Required: 2 spaces (1 Van + 1 Standard) EVC Space & Accessible Parking with EVSE (EV Supply
Total number of
actual parking
spaces
51 - 75
Electric Vehicle (EV) charging (CALGreen 2022 Table A5.106.5.3.1) Tier 1
Number of
Required EV
Capable Spaces
19 Tier 1
Number of EVCS
(EV Capable
Spaces provided
with EVSE)
5 Total number
of EVCS at a
facility
5 - 25
Van
Accessible
1 Standard
Accessible
1 Ambulatory
0 Public Use or Common Use EVCS (CALGreen 2022 Table 1106.1) 3 EVC
Spaces with
3 EVSE
6 EVC Spaces
2 ADA / EVC
Space with
2 EVSE
8 EVC
Spaces

5.A.b
Packet Pg. 118 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) X
13,000 SF
Parking
5 spaces
Parking
46 spaces
Parking
11 spaces
14'
98'-0"
134'-6"
5' 8'-6"
9'
23'-0"
Loading Area
Drive Thru LaneDrive Thru Lane
Entry
Plaza
Sidewalk
14' 11'-6"
Sidewalk
11'-0" 11'-0" 14'-0" 4'-2"
11'-0" 11'-0"
Pharmacy
Main
Entry
Storefront
(3 High Windows)
Service Entry
Drive-thru
Pharmacy Window
99 linear ft of storefront glass provided
(70% x 135' horizontal area of the facade)
18'
Storefront
(2 Full Height Windows)
Trash
58'-0" 135'-0" 130'-9"
323'-9"
(100%)
(42%) (40%) (18%)
R=8'
R=22'
R=22'
R=2.5' 17'
(E) Curb to
be Removed
13'-6"
Storefront
(3 Full Height Windows)
Decorative
Screen wall
(E) Transformer
(E) Bus Stop
Setback
Property Line
(E) Utility Vault
(E) Street Light
(E) Street Light
10'
8 Short-Term
Bikes
4 Long-Term
Bikes
Ross

F R E M O N T B O U L
CVS
Staples

F R E M O N T B O U L E V A R D
Lane
Mowry Avenue
N.A.P.
(E)
AT&T
#788 #787 #786
#781 #782 #783 #784
#780 #779 #778 #777
#776
#789
Fremont, California
08 . 18 . 2023 21611-P01 File Location:C:\Users\ssingson\Box\03_Projects\SGPA_Projects_SF\2016\21611 - Fremont Hub\P-01\01_Working Files\2023_08_10 Updated CVS Set - Mowry & Frmont Blvd Update\2023_08_17 CVS Planning Set.indd Fremont Hub Discretionary Design 08 . 18 . 2023
Review Resubmittal Site Plan Phase 1A - Bicycle Parking Exhibit N
0' 50' 100'
G13
Trash
Bicycle Parking Spaces
Legend
Short-Term Bicycle Parking Summary
4 Long-Term Bikes
8 Short-Term Bikes
Total Parking Spaces Provided: 62 spaces
Total Bicycle Spaces Provided: 8 (4 racks @ 2 bikes / rack) Bicycle Spaces Required: 7 (4, plus 5% of retail auto spaces) Long-Term Bicycle Parking Summary
Total Parking Spaces Provided: 62 spaces
Total Bicycle Spaces Provided: 4 (2 lockers @ 2 bikes / locker) Bicycle Spaces Required: 4 (1, plus 5% of retail auto spaces)

5.A.b
Packet Pg. 119 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
PRELIMINARY SIGNING AND C8A

STRIPING PLAN

5.A.b
Packet Pg. 120 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal)

FREMONT HUB PHARMACY
PHASE 1A

08.18.2023
TCA # 2021-020

DISCRETIONARY

DESIGN REVIEW FREMONT, CA
PRELIMINARY CROSS SECTIONS C9A

5.A.b
Packet Pg. 121 Attachment: Exhibit A - Project Plans (5120 : Fremont Hub Mixed-Use Appeal) Exhibit “B”
Findings and Conditions of Approval
PLN2022-00487
Fremont Hub Mixed-Use
Discretionary Design Review Permit
I. FINDINGS
The findings below are made on the basis of information presented at the public hearing and contained in the staff report to the City Council dated April 16, 2024, incorporated hereby.

Discretionary Design Review Permit Findings:

Pursuant to Fremont Municipal Code (FMC) Section 18.235.060, the following findings must be made by the decision-making body in order to approve an application for a Discretionary Design Review Permit:
(a) The proposed project is consistent with the General Plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines.

Analysis: The proposed project is designed in conformance with the requirements of the Commercial – City Center designation of the General Plan, 2023-31 Housing Element, the City Center Community Plan, and City Center District zoning with respect to site planning, massing, architecture, and other urban design characteristics. As a relatively compact mixed-use development within a wholly retail-commercial, suburban-style shopping center, the project will provide greater intensity, scale, and diversity of uses in a key location within the City Center, furthering aims of transforming the area into a more walkable, urban district.
(b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means.

Analysis: The proposed project is designed in conformance with all applicable objective design rules, as described in the staff report.
(c) The multifamily residential project’s architectural, site, and landscape design will not be detrimental to the public health or safety; or a non-multifamily project’s architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare.

Analysis: The proposed mixed-use project, as designed, will not interfere with the use and enjoyment of adjacent developments, nor will it be detrimental to public health, safety, or welfare, as it is compatible in scale and use with development allowances within the City Center District. Additionally, Building Division and Fire Department staff have reviewed the project and found that it can be constructed in conformance with all applicable California Building and Fire Code life safety regulations, thereby minimizing project potential for detrimental impacts to public health, safety, or the welfare of persons or property in the project site’s vicinity.

EXHIBIT B - PROJECT PLANS

FREMONT HUB MIXED-USE
PLN2024-00128 (PLN2022-00487)

CITY COUNCIL HEARING
04/16/2024

5.A.c
Packet Pg. 122 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) (d) Where HARB review is required, the proposed project is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175.

Tree Removal Finding:

Pursuant to FMC Section 18.215.070, the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:
(a) The proposed removal of 62 protected trees would be consistent with the City’s Tree Preservation Ordinance.

CEQA Finding:

Pursuant to CEQA Guidelines Section 15162, the following findings are required for projects when an EIR has been certified for a project and no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

5.A.c
Packet Pg. 123 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Analysis: As documented in the CEQA Environmental Compliance Checklist (included as Informational Item No. 1) prepared for the project, none of the criteria listed above has occurred. This checklist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed project, which is within the scope of the EIR, and that no further CEQA documentation is required.

II. CONDITIONS OF APPROVAL
General Conditions:

1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “A” (Project Plans), the City Center Community Plan, and all conditions of approval set forth herein.

2. Allowable Uses. The proposed uses are allowed:

A freestanding 13,000-square-foot retail-pharmacy building with a drive-through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail-commercial space in accordance with the City Center District and City Center Community Plan standards and guidelines.

3. Minor Modifications to Approved Plans. Minor modifications to the approved plans and may be made, subject to review and approval of the Planning Manager and/or City Engineer. Minor modifications to building elevations and footprints that support a superior project design may be made, subject to review and approval of the Planning Manager and City Engineer. The Planning Manager and City Engineer 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 Zoning Administrator or Planning Commission for public comment, review and approval).

4. Addressing. An application shall be submitted to the City’s GIS Division for approval of the addressing for the development prior to building permit issuance. Building addresses shall be plainly legible and visible from the public street. These numbers shall contrast with their background.

5. Construction Management Plan. The applicant shall provide a Construction Management Plan addressing the following items to the satisfaction of the Planning Manager and City Engineer or designee, prior to issuance of a building permit:

5.A.c
Packet Pg. 124 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) a. Project staging plan to maximize on-site storage of materials and equipment. b. A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes. c. Permitted construction hours, in conformance with FMC Chapter 18.160. City approved construction hour signs shall be posted on the site advising workers and surrounding neighbors of the approved construction hours.
d. Location of construction staging.
e. Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations and along neighboring roadways. f. Provisions for street sweeping to remove construction related debris on public streets. g. Vibration-reduction measures when working in areas in close proximity to occupied structures.

6. Development Impact Fees. The project shall be subject to citywide development impact fees. These fees include fees for fire protection services, capital facilities, park facilities and parkland, and traffic facilities. The fees shall be calculated at the rate in effect at the time of project SB 330 Preliminary Application approval (December 22, 2022; see PRP2023-00027).

7. Affordable Housing. The project shall comply with all applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.155).

8. Commercial Linkage Fee. The project shall be subject to the commercial linkage fee.

The fees shall be calculated at the rate in effect at the time of building permit issuance.

9. Expiration. Approval of the Discretionary Design Review Permit shall expire forty-eight (48) months after the date of approval in accordance with the provisions of the Fremont Municipal Code. An extension of time may be requested by the applicant pursuant to the FMC 18.330.030 prior to the expiration of the approval.

10. 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 specific Standard Development Requirements to Address Resource Protection that are applicable to this project are as follows:
a. FMC 18.218.050 (a)(1) Air Quality and (a)(2) Construction Related Emissions – Supplemental Measures
b. FMC 18.218.050 (b)(1) Burrowing Owls, (b)(2) Nesting Birds, and (b)(3) Roosting Bats
c. FMC 18.218.050 (c) Construction Management Plan
d. FMC 18.218.050 (d)(1) Notification and (d)(2) Accidental Discovery of Cultural Resources
e. FMC 18.218.050 (e) Geology and Soils
f. FMC 18.218.050 (g) Construction Noise
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 shall be implemented before and during project construction activities.

11. Interior Noise. Indoor noise levels shall not exceed an Ldn of 45 dB(A) in new housing units. Prior to issuance of a building permit, a noise insulation study (memorandum)

5.A.c
Packet Pg. 125 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) conforming to the methodology of the State Building Code shall be prepared and submitted for review and approval of the Planning Manager or designee.

12. 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.

Planning Conditions:

13. Parking Garage Security. The parking garage shall be monitored with cameras and sound monitors, and details of these security features shall be included in the project building permit submittal for review and approval.

14. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. The lighting plan should be designed to meet Illuminating Engineering Society of North America (IESNA) standards. All lighting shall be consistent with the architectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid substantial light or glare that may have an impact on day or nighttime views in the area. All wall lighting fixtures or sconces shall be of high quality, decorative lighting fixtures with concealed lighting elements. Sufficient security lighting shall be installed within parking garages, commons areas, plazas and walkways, subject to the review and approval of Planning Manager or designee, prior to issuance of a building permit.

15. Master Sign Program. Signs are not a part of this approval. All signage conceptually shown or located on the plans are subject to review and approval. The applicant shall apply to the Community Development Department for a Master Sign Program that shall be subject to review in accordance with the Fremont Municipal Code.

16. Utilities Screening. All ground mounted utilities, which include but are not limited to transformers, backflow devices, and water meters, shall be undergrounded, integrated into the building or screened through walls and 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 how ground mounted utilities have been screened to the satisfaction of the Planning Manager.

17. Treatment of Service Doors. All service doors shall be color-treated to match the color of the building’s adjacent exterior walls. No service doors shall be allowed facing Mowry Avenue.

18. Private Open Space Areas. Balconies and patios shall be kept clear of laundry, storage, and mechanical equipment such that no such items or materials may be seen from the public right-of-way or walkways within the project site. If air conditioning or other mechanical units must be placed in patios, they shall be screened with screening material and painted to appear compatible with that of the units to the satisfaction of the Planning Manager. The applicant/developer shall work with satellite/cable service providers on a universal, centralized satellite/cable service systems to minimize the amount of equipment (i.e., number of satellite dishes, control boxes, etc.) needed to provide optional service to all tenants. The cost to implement this system shall be borne by the applicant/developer of

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Packet Pg. 126 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) the project. In addition, all bedrooms, dens, and living rooms, shall be pre-wired with phone, cable and satellite connections. No external wiring of these utilities shall be permitted.

Landscape Conditions:

19. Landscape Design Criteria. Proposed Landscape Design shall adhere to the City’s Landscape Development Requirements & Policies (LDRP), as amended.

20. Tree Planting Areas. All tree planting areas shall be a minimum of six feet in width and free of all utility structures and other built features, consistent with the spacing requirements defined in the LDRP.

21. Street Trees (Size). All street trees shall be a minimum 24-inch box size with the final tree selection coordinated and approved by the City Landscape Architect. City of Fremont Standard Detail for street tree planting (LSD-1) shall be included in the plan set.

Engineering Conditions:

22. Construction Agreement. An encroachment permit for the public street improvements is required. Encroachment permit shall be issued prior to or concurrently with issuance of the building permits for the proposed retail-pharmacy pad site (phase 1A) and mixed-use development (phase 1B). The public improvements conditioned as part of this entitlement requires the execution of an Improvement Agreement that guarantees the completion of the public street improvements to the satisfaction of the Director of Public Works. The Improvement Agreement shall be fully executed by the developer prior to issuance of the encroachment permit. This agreement includes engineered plans prepared by the applicant’s consultant, reviewed, and approved by the City, surety (Faithful Performance, Labor and Material and Warranty) and insurance.

23. Street Improvements.
a. The developer shall be responsible to remove and replace curb, gutter, bike path, and sidewalk along the project frontage damaged during project construction. b. The developer shall remove and replace broken or uplifted curb, gutter, and sidewalk along project frontage.
c. The developer shall construct a minimum 14-foot-wide sidewalk along the project’s Mowry Avenue frontage and a minimum 15-foot-wide sidewalk along the project’s Fremont Boulevard frontage.
d. The developer shall construct the street improvement of Mowry Avenue and Fremont Boulevard to the satisfaction of the Director of Public Works. Improvements shall include but are not limited to the following: curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, joint trench facilities, curb ramps, and signing and striping.
e. The developer shall construct 26-foot-wide type (B) driveways to the satisfaction of the Director of Public Works.
f. The developer shall grind and overlay Fremont Boulevard in accordance with the City of Fremont “Street Cutting Policy – Multiple Cuts within One Block.”

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Packet Pg. 127 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal)

24. Right-of-Way Dedication. The developer shall dedicate the right-of-way (ROW) needed to accommodate the ultimate street configuration along the project frontages on Mowry Avenue and Fremont Boulevard to the satisfaction of the Director of Public Works. The ROW dedication shall be reviewed and approved by the Engineering and executed by the developer prior to issuance of the encroachment permit for public street improvements.

25. Public Sidewalk Easement. The developer shall dedicate the public sidewalk easement needed on Mowry Avenue along the project frontage to the satisfaction of the Director of Public Works. The easement shall be reviewed and approved by the Engineering and executed by the developer prior to issuance of the encroachment permit for public street improvements.

26. Vacation of Public Storm Drain Easement. The developer shall cause to vacate portion of the existing storm drain easement (SDE) within the boundaries of the proposed project.

The vacation of the existing SDE must be approved by the City Council prior to issuance of the encroachment permit for relocating the existing 36” public storm drain line and building permit for mixed use development (phase 1B).

27. Relocation of Public Storm Drain Line. An encroachment permit for relocating portion of the existing storm drain line is required. Developer shall relocate the existing storm drain line prior to recordation of the existing public storm drain easement vacation.

28. Public Storm Drain Easement. The developer shall dedicate the public storm easement (SDE) needed to accommodate the relocation of the existing 36” public storm drain line to the satisfaction of the Director of Public Works. SDE shall be recorded prior to or concurrently with recordation of the existing public storm drain easement vacation.

29. Emergency Vehicle Access Easement. The developer shall dedicate emergency vehicle access easement to the satisfaction of the Fire Department. The easement shall be reviewed and approved by the Fire Department and Department of Public Works and executed by the developer prior to issuance of the building permit for mixed use development (phase 1B).

30. Grading and Geology.
a. Coverage Under Statewide Construction General Permit. Projects involving land disturbance of one acre or more are required to obtain coverage under the “Construction General Permit” (NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities). The applicant must file a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB), prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), and obtain a Waste Discharge Identification number (WDID). A copy of the NOI must be submitted to the City’s Project Engineer prior to issuance of development permits (including demolition, grading, and building permits).
b. Erosion and Sediment Control Plan. The project plan set must include an Erosion and Sediment Control Plan (ESCP) sheet showing the Best Management Practices (BMPs) to be implemented to minimize pollutant discharges related to construction activity. The ESCP must show the development site at the stage of maximum land disturbance. A copy of the ESCP and/or SWPPP Plan must be maintained on the project site at all times throughout the demolition/grading/construction process; the ESCP and/or SWPPP must be updated as necessary to show adequate BMPs appropriate for the current stage of the project.

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Packet Pg. 128 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal)

31. Stormwater Treatment and Flow Control Facilities. The Project is required to implement post-construction measures to minimize stormwater pollutant discharges and increases in peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of the entitlement approval is approved in concept only; the Final Stormwater Management Plan must contain/address all elements of the Final Stormwater Management Plan Checklist (available at www.fremont.gov/swmp). Developer is required to submit engineered plans, details and calculations that demonstrate compliance with Provision C.3 of the Municipal Regional Permit.

32. Stormwater Treatment Measures Maintenance Agreement. The project is required to submit a Stormwater Treatment Measures Maintenance Agreement (aka O&M Agreement) for review and approval concurrent with the application for building permits. Template documents and instructions for completing the O&M Agreement may be found at https://www.fremont.gov/government/departments/environmental-services/stormwaterpermits. Submittal of an approved, executed O&M Agreement is required prior to Final Map approval.

33. Quitclaim of Private Easements. The developer shall cause to quitclaim all existing easements (AT&T, ACWD, and PG&E) within the boundaries of the proposed project.

Recorded quitclaim documents shall be provided to the City prior to the issuance of building permits for the retail-pharmacy pad site (phase 1A) and mixed-use development (phase 1B).

34. Storm. The developer is required to submit a hydrology map and hydraulic calculations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15-year recurrence interval for primary facilities and 10-year recurrence interval for secondary facilities in accordance with the Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run-off from the project site. Off-site construction of storm drainage facilities to mitigate projected flows may be required.

Fire Safety Conditions:

35. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be provided for the common Fire Department access roadways. A copy of the recorded easement shall be made available upon request by the Fire Department. Recording shall occur prior to the issuance of a Certificate of Occupancy.

36. Fire Department Access Road. A Fire Department access road (Private EVAE) shall meet Fire Department standards for surface type; all weather, distance; not to exceed 150 feet in length without an approved turnaround, weight loads; 75,000 lb. minimum, turn radius; radii of 22.5 inside and 37.5 outside measured from the same point, grades; not to exceed 15 percent, cross grade, intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off and vertical clearance; 13.5 minimum. These access roads shall be designated as Fire Lanes to the satisfaction of the Fire Marshall or designee. Fire Department access roadways shall not be comprised of turf block.

37. Fire Pump Room. The fire pump room shall have an outside wall door that opens to the Fire Department access roadway.

38. Fire Flow. In accordance with the California Fire Code, Appendix B, “fire flow and duration shall not be less than that specified in table B105.1.” A reduction in required fire flow of

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Packet Pg. 129 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) 50% is required by the Fremont Municipal Code when the building is provided with an approved automatic sprinkler system. The project shall consult with a Fire Protection Engineer and provide a complete set of calculation concerning the adequacy of the water supply from the source to the most remote fire hydrants and/or fire sprinkler system when applicable.

39. Code Compliance. The project shall meet all requirements of the currently adopted edition of the California Building, Fire and City of Fremont Municipal Codes in effect at the time of building permit / business license application.

Stormwater Conditions:

40. Pollution Prevention. Prior to issuance of a permit for land disturbance greater than one acre, the developer shall file a Notice of Intent with the State of California Water Resources Control Board and receive the State assigned WDID number. The developer shall provide a copy of the Storm Water Pollution Prevention Plan (SWPPP) for City review and maintain a copy on the job site.

41. Stormwater Management Plan. The provided Preliminary Stormwater Management Plan is approved in concept only. Approval of the final Stormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to the developer providing the necessary plans, site specific details, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit

42. Silva Cell (SC) Systems. The applicant shall continue to work with staff to finalize the design of the proposed Silva Cell (SC) systems. The following design considerations will need to be addressed to the satisfaction of the City Engineer prior to approval of any building permits for the project:
a. Trees being used must have root systems where the drip line will realistically access all of the treatment soil.
b. Shrubs or plants being used above SCs must be deep rooted plants where their roots will be able to access the treatment soil layer. Site specific details will be required to show how the SC’s will be constructed.
c. SC locations must include some sort of inspection ports (8”) for staff to see if the treatment measures are functioning properly. Ports should be located within the system if possible and at the point in which it connects to the storm drain collection system.
d. SCs will be designed in a way where they are at a reasonable depth below the ground surface to ensure that the adjacent tree root systems can access the SC’s. e. Irrigation for the trees supporting SC’s may require modification to ensure that the tree root systems can continue to grow into the SC’s during the dry season. f. SC designs will need to provide overflow drains to allow larger storm events to bypass the system.

43. Bubble Up Systems. The developer shall continue to work with staff to either remove the bubble up systems from the proposed stormwater design or provide a bubble up system that meets the sizing criteria and design that shows that the bubble ups can: 1) drain within 72 hours after a storm event or provide control measures to alleviate potential vector control issues, and 2) will not be a maintenance burden for future residences of the project.

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Packet Pg. 130 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) Building Safety:

44. Building Code. The project shall meet current building code (at the time of building permit application). At this time, the CBC 2022 code is applicable. For permits submitted on or after January 1, 2026, the CBC 2025 will be enforced.

45. Soils Investigation. The project site is located within an earthquake induced liquefaction zone. A soils investigation report is required at the time of building permit submittal. The City reserves the right to require peer review of the investigation.

46. Outside Agency Letters. The developer shall provide approval letters / stamped plans from all utility agencies prior to the issuance of building permits.

Transportation Conditions:

47. Signage and Striping. On-site and off-site signing and striping plan will be required as part of the development review process and prior to the issuance of building permits.

Installation of additional signing and striping may be required along the project frontages, pending City review of the off-site signing and striping plans. Include a general note on the signing and striping plans stating that all signing and striping shall conform to the latest provisions of CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fremont Standard Details.

Environmental Services – Waste Management:

48. Garbage and Recycling Requirements. Garbage and recycling requirements are explained in the Fremont Waste Handling Guidelines document, available at:
www.fremont.gov/whg. The applicant shall be responsible for incorporating the guidelines into their project.

49. Collection Service. Weekly garbage, recycling and organics collection services are required for all commercial and residential properties and are provided by Republic Services on an exclusive basis. An organics/compost container must be located in the same area as the garbage and recycling drop-off.

50. Access. Each project must provide on-site access for garbage and recycling service with sufficient space for trucks to drive through or turn around. The required turning radius for garbage trucks is 22.5 feet for the inside radius and 37.5 feet for the outside radius. 14’ of height clearance is needed for trucks to drive under or through.

51. Collection. Applicant must ensure adequate, accessible and convenient areas for collecting and loading of materials by the garbage and recycling trucks. Trash/recycling/organics containers will be staged for pickup along the shared access agreement on the east side.

52. Trash and Chute Room. Trash rooms/enclosures at multi-family apartment housing shall observe the requirements of the CA Building Code and the requirements of Title 24 regarding accessibility to solid waste and recycling collection containers for persons with disabilities (CCR Title 24, Part 2). Trash rooms in mixed-use buildings additionally require a sanitary sewer connection requiring Union Sanitary District approval.

53. Trash Management Plan. A trash management plan shall be provided for review and approval by Environmental Services Division staff during the building permit phase of the

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Packet Pg. 131 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal) project.

54. Separation. The project shall provide an indoor commercial trash room and an indoor residential trash room.

55. Pick-Up Hours. Potential tenants shall be advised by the property manager that this is a mixed-use area, and as such waste collection activities can occur as early as 4:00 AM.

56. Accessibility. Trash rooms/enclosures at multi-family apartment housing shall observe the requirements of the California Building Code and the requirements of Title 24, regarding accessibility to solid waste and recycling collection containers for persons with disabilities (CCR Title 24, Part 2).

57. Trash Room Location. Trash enclosures/room must be located within 250 feet of each dwelling unit (walking distance). Building permits plans shall indicate travel distances from each unit.

58. Sanitary Sewer Connection. Trash rooms in mixed use buildings need a sanitary sewer connection. Plans will need to be submitted to Union Sanitary District for approval of the sanitary sewer connections for the floor drains and grease interceptors in the trash rooms.

Requirements to be Completed Prior to Request for Final Inspection:

59. Final Engineering Certification. Upon completion of grading, the project engineer that prepared the final approved grading plan shall submit to the City a statement that the asbuilt grading conditions do not deviate from the approved plan by more than one foot of vertical elevation, subject to the review and approval of the Public Works Department prior to the issuance of a building occupancy permit.

60. Final Architectural Certification. Upon completion of construction, the project architect shall submit a letter to the City certifying that the building has been constructed in accordance with approved architectural plans, subject to review and approval of the Planning Manager.

61. Final Landscape Certification. Upon completion of all landscape work, the project landscape architect shall submit a letter to the Planning Division and Public Works Department certifying that the on-site and streetscape landscaping have been constructed in conformance with the approved landscape and irrigation plan, subject to the review and approval of the City Landscape Architect.

END OF CONDITIONS

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Packet Pg. 132 Attachment: Exhibit B - Findings and Conditions of Approval (5120 : Fremont Hub Mixed-Use Appeal)

ZONING ADMINISTRATOR PERMIT

STAFF REPORT
DECEMBER 12, 2023
Proposal: FREMONT HUB MIXED-USE – PLN2022-00487 – To consider a Discretionary Design Review Permit to allow a proposed mixed-use development consisting of a freestanding 13,000-square-foot retailpharmacy building with a drive-through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retailcommercial space at 39150 Argonaut Way in the Central Community Plan Area, and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

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

Location: 39150 Argonaut Way
APN: 501-976-12
(See aerial photo on following page)
Area: Development of approximately 27,157 square feet of retail-commercial floor area and 314 residential units on a 5.86-acre portion of a 37.3-acre parcel.

People: Mark Rickards and Michael Strahs (Kimco Realty), Applicants Lisa Majchrzak (TCA Architects), Architect
Jonathan Tang (BKF Engineers), Civil Engineer
Mark Hungerford, Staff Planner, (510) 494-4541,
[email protected]
General Plan: Commercial – City Center
Zoning: City Center – Urban Neighborhood (CC-UN)
EXECUTIVE SUMMARY:

The applicant requests approval of a Discretionary Design Review Permit to allow the construction of a freestanding retail-pharmacy building and a mid-rise, mixed-use building at the northern corner of the Fremont Hub Shopping Center. The retail-pharmacy building, which represents Phase 1A of the project, would be located along the site’s Mowry Avenue frontage, and the mixed-use building, which represents Phase 1B of the project, would line both Fremont Boulevard and an on-site roadway that would function as an extension of Capitol Avenue. To clear the site for project construction, 69,308 square feet of existing retail-commercial floor area within the shopping center and 426 surface parking spaces would be demolished. The City has reviewed the proposed project and found it to be in conformance with applicable development policies, ordinances, and the General Plan.

Staff recommends that the Zoning Administrator approve the Discretionary Design Review Permit as shown in Exhibit “A”, based on findings and subject to conditions of approval contained in Exhibit “B”.

INFORMATIONAL ITEM NO.1

FREMONT HUB MIXED-USE
PLN2024-00128
(PLN2022-00487)

CITY COUNCIL HEARING
04/16/2024

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Figure 1: Aerial Photo (2021) of Project Site and Surrounding Area.

SURROUNDING LAND USES:

North: Gasoline Service Station (Commercial – City Center) South: Fremont Hub Shopping Center (Commercial – City Center) East: Fremont Hub Shopping Center (Commercial – City Center) West: Retail-Commercial, Multifamily Residential (Commercial – City Center, Residential - Medium)
BACKGROUND AND PREVIOUS ACTIONS:

Initially developed in the early 1960s, the Fremont Hub Shopping Center covers approximately 51.7 acres of land between Mowry Avenue, Fremont Boulevard, Argonaut Way, and Walnut Avenue. The outdoor mall contains 628,393 square feet of retail-commercial floor area spread across approximately 80 tenant spaces, plus supporting on-site parking fields that contain a total of 2,809 unassigned vehicle parking spaces. Anchor tenants within the center include a 123,727-square-foot general merchandise department store (Target) and a 54,741-square-foot supermarket (Safeway).

Project
Site

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Fourteen tenant spaces, including a 26,584-square-foot retail-pharmacy (CVS) and a 19,300-squarefoot office supply store (Staples), would be demolished as part of proposed project improvements.

Buildings proposed to be demolished have been evaluated for historic significance and been found to possess no qualities that would make them eligible for listing on a historic register.

On December 22, 2022, a Senate Bill 330 Preliminary Application (PRP2023-00027) for the project was deemed complete, as submitted, pursuant to the California Housing Crisis Act of 2019.

Accordingly, the project is subject only to the ordinances, policies, and standards adopted and in effect at the time of Preliminary Application submittal. Among them include those relating to “development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions” imposed by the City.

PROJECT DESCRIPTION:

The applicant proposes to redevelop a 5.86-acre portion of the Fremont Hub Shopping Center with a two-phase mixed-use development. Existing improvements within the project boundaries consist of 69,308 square feet of retail-commercial floor area and 426 surface parking spaces. These improvements would be demolished as part of project activities. Phase 1A would consist of a new freestanding, 13,000-square-foot retail-pharmacy building at 36 feet in height located along the site’s Mowry Avenue frontage. The building would be oriented towards Mowry Avenue and feature a drivethrough lane and window on its interior, east elevation. Phase 2B would consist of a six-story mixeduse building containing 314 market-rate apartment units and 14,157 square feet of ground floor retail-commercial space. This building would span 310 feet of the site’s Fremont Boulevard frontage and line an on-site extension of Capitol Avenue that would function as a private vehicle accessway.

Both project buildings would be designed to be all-electric.

Parking for Phase 1A of the project would consist of 64 surface parking spaces striped in areas north, south, and east of the retail-pharmacy building. Parking for Phase 1B of the project would be split between a 430-space, multi-level parking garage that’s integrated into the design of the mixed-use building and 40 surface parking spaces located on both sides of the private vehicle accessway that fronts the eastern and southern portions of the building.

The mixed-use building would stand six stories and approximately 72’-11” tall and contain five floors of residential flats above a ground floor that contains a mix of ground-level residential units (Fremont Boulevard), residential lobby and retail-commercial spaces (Capitol Avenue extension), and utility/service rooms, a secondary residential lobby, and parking garage area (south and west elevations). The building’s second floor podium level would contain residential units and 31,445 square feet of common open space in the form of four separate courtyards, two terrace areas, and a dog park, plus indoor clubroom, fitness, and general amenity spaces. Stacked flats would comprise floors 3 – 6, with the sixth floor featuring a roof terrace with an adjacent indoor lounge area on its northeastern corner, overlooking Fremont Boulevard. Of the project’s 314 units, 40 (13%) would be studios, 154 (49%) would contain one bedroom, 107 (34%) would contain two bedrooms, and 13 (4%) would contain three bedrooms. The average unit size would measure 839 square feet, and the overall density equates to 55 dwelling units per acre based on the overall project site area.

The project’s Fremont Boulevard frontage would be improved with a 15’-wide monolithic sidewalk with street trees in grates. The Capitol Avenue extension in the form of a new access driveway would be designed with 17’-wide travel lanes in each direction and parking on both sides of the roadway.

Ground floor spaces of the mixed-use building would open onto an interconnected series of plaza spaces situated between the building and the roadway that total 21,213 square feet in total area.

The plaza spaces would feature accent paving, raised seat wall planters, bicycle racks, and other open space amenities. The Mowry Avenue frontage adjacent to the Phase 1A improvement area would feature a 14’-wide monolithic sidewalk with street trees in grates.

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There are currently 85 fairly evenly distributed trees within the project boundaries. Of these trees, 62 are proposed for removal to make way for the project buildings and accompanying surface level improvements. A total of 232 new trees are proposed with the project, including 59 mitigation trees and 18 street trees (10 on Fremont Boulevard, eight on Mowry Avenue).

As outlined in the tables below and further described in the Project Analysis section of this report, the project is designed to meet all objective standards. Subject to Senate Bill 330 (Housing Crisis Act of 2019), a proposed housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, may not be disapproved or conditioned in such a way as to require development at a lower density, unless written findings supported by a preponderance of the evidence on the record shows that both of the following conditions exist: (1) the housing development project would have a specific, adverse impact upon public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the identified adverse impact described in (1) other than by disapproving the housing project or imposing conditions that require development at a lower density.

PROJECT ANALYSIS:

General Plan Conformance:

The General Plan land use designation for the subject site is Commercial – City Center. This land use designation applies to the roughly 540 acres in the heart of Fremont, includes the Downtown and City Center zoning districts, and is intended to serve as the City’s primary center of employment, commerce, culture and entertainment. The proposed project fulfills a primary objective of the City’s Downtown and City Center planning vision by converting a portion of what is currently an underutilized suburban-style, legal-nonconforming shopping center into a mixed-use development that carries out the pedestrian character and compact urbanism goals of the City Center. The proposed updating of the Fremont Hub layout would additionally create an attractive and modern urban western terminus of Capitol Avenue, a street that provides a connective and vibrant pedestrian-oriented spine eastward through the Downtown and on to the Fremont BART Station. The project would represent the first step in the shopping center’s eventual transition to a denser, more mixed-use character aligned with adopted policies for the site, which include a more urban, pedestrian-focused environment that accommodates uses such as mid- to high-rise residential and mixed-use developments. In addition, the project would be consistent with the following goals, policies, and implementation measures of the General Plan, including the 2023-31 Housing Element:

LAND USE POLICY 2-1.5: Fremont City Center - Plan for the transformation of Fremont’s Central Business District into a pedestrian-oriented urban district known as “City Center.” City Center should contain a mix of office, retail, health care, government, high-density residential, cultural, and entertainment land uses designed to create an active, lively street environment and strong sense of place. By 2035, Fremont City Center should be the major economic activity center of southern Alameda County.

LAND USE IMPLEMENTATION 2-1.5.B: City Center as a Priority Development Area - Recognize City Center as Fremont’s highest priority for multi-family development and pedestrian-oriented shopping, cultural, civic and entertainment land uses. Future land use decisions throughout Fremont should support the vision of City Center as the heart of the City, and should take care not to siphon off demand for these uses to other

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parts of the City.

COMMUNITY CHARACTER ELEMENT POLICY 4-3.10: Development of Urban Residential and Mixed-Use Projects - Encourage multi-story residential and mixed-use development in Fremont’s designated Centers. The most intense development in the City, and the principal location for any high-rise construction, should be the City Center.

COMMUNITY PLANS POLICY 11-4.1: City Center Sub-Districts - Create a stronger identity for Fremont’s City Center and its different sub-districts. City Center should be a recognizable and memorable place. It should evolve from its current form into a more urban environment with taller buildings, denser development, mixed-uses, new amenities for pedestrians and bicyclists, and other features typical of a full-service downtown. Each sub-district of City Center should be characterized by a slightly different mix of uses and development intensities.

COMMUNITY PLANS POLICY 11-4.3: Mixed-Use Emphasis - Encourage mixed-use development in Fremont’s City Center, emphasizing buildings that include ground floor retail uses and upper story offices or housing. Such development should help create more active streets, reduce the need to drive for goods and services, and give City Center a stronger sense of identity.

COMMUNITY PLANS POLICY 11-4.4: Downtown Housing - Support additional highdensity residential development in City Center. The addition of downtown residents can help support downtown retail, increase pedestrian activity, and help achieve the City’s goal of accommodating sustainable, mixed income, transit-oriented development.

LAND USE POLICY 2-1.10: Pedestrian Scale - Create a more pedestrian-oriented environment in Fremont’s City Center, its five Town Centers, and the other Transitoriented Development areas shown in the General Plan Land Use Map. These areas should be characterized by:

1. Convenient and continuous sidewalks, crosswalks and walkways;

2. Easy access to transit;

3. Comfortable outdoor spaces for pedestrian use; and

4. Parking that is located in structures or in shared lots to the rear of buildings rather than between buildings and the streets they face.

LAND USE POLICY 2-4.6: Conversion of Older Shopping Centers and Commercial Uses – Support the adaptive reuse, renovation, or redevelopment of older shopping centers or commercial uses that are no longer viable due to changing market conditions, demographics, or retail trends. Such reuse or redevelopment should be planned to help sustain other retail centers in the City, provide opportunities for higher-density housing and civic or group assembly uses while ensuring that residents continue to have convenient access to goods and services.

LAND USE POLICY 2-4.12: Mixed Use and Multi-family Housing as a Component of Centers – Support the development of housing as a component of Fremont’s retail centers, preferably in vertical mixed use formats where housing is located on the upper floors of buildings with ground floor retail.

HOUSING ELEMENT POLICY 3.03: Promote Housing Development in Highest Resource Neighborhoods.

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HOUSING ELEMENT POLICY 3.04: Intensify Residential Development within Urban Neighborhoods.

MOBILITY ELEMENT POLICY 3-2.2: Reducing Vehicle Trips through Land Use Choices - Support new forms of development that reduce the number of trips generated as compared to traditional suburban development. This includes live-work development, mixed-use development (reducing the need to drive to services), and higher density development around transit stations (reducing the need to own and/or use a vehicle).

Analysis: The proposed redevelopment of the northern portion of the Fremont Hub Shopping Center with a freestanding retail-pharmacy building situated along the site’s Mowry Avenue frontage and a mixed-use apartment building along the site’s Fremont Boulevard frontage and pedestrian-oriented Capitol Avenue extension represents a significant step in the Hub’s transformation into a more urban, diverse, and transit-oriented development consistent with the General Plan, including the Housing Element, and City Center Community Plan. The project would activate what is currently an exclusively retail-commercial site and form synergy with dense mixed-use developments along Capitol Avenue, contributing to the vibrancy of the emergent downtown and City Center area. The two proposed buildings, their parking and drive aisle areas, and the project’s attractive, safelydesigned pedestrian linkages are successfully integrated into the shopping center. Buildings are designed to maximize pedestrian-orientation, and multiple public plaza spaces have been incorporated along the project’s Capitol Avenue extension to create a true gateway element into the Hub and demarcate the site as a downtown bookend. The mixed-use nature of the project, proximity to the Fremont BART Station, and significant retail-commercial options remaining within the Hub and in the area surrounding the project site will reduce vehicle trips and increase foot traffic to and within the site.

The project implements the 2023-31 Housing Element Goal 3 [Promote Production of New Affordable and Market-Rate Housing] by creating and intensifying residential development at an urban scale in one of the City’s highest resource neighborhoods. Additionally, as further detailed later in this report, the project would also be required to comply with the City’s Affordable Housing Ordinance. For this project, the applicant has opted to pay affordable housing in-lieu fees. The fees collected would be used by the City to help fund development of affordable housing projects citywide.

Per the Land Use Element, mixed-use projects located in areas of the City Center outside of the Transit Overlay District (such as the project site) are subject to a minimum floor area ratio (FAR) of

1.25 and a maximum FAR of 2.5. The project has a conforming FAR of 1.42 based on project site area. Additionally, mixed-use projects within the City Center are subject to a minimum density of 50 units per acre. The project has a conforming density of 55 units per acre based on project site area.

Zoning Compliance:

The project site is zoned City Center – Urban Neighborhood (CC-UN). The Urban Neighborhood zone, one of three unique zoning areas within the City Center District, generally applies to areas south of the downtown and is intended to support the downtown and employment core areas with a wide variety of housing, services, and retail-commercial uses. The following table illustrates the proposed project’s compliance with applicable standards of the CC-UN zone:

Development Requirement (CC- Proposed Compliant?

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Standard UN Zone)
Building Site Depth Minimum: 100 feet
Maximum: 400 feet
400 feet Yes
Building Site Width Minimum: 200 feet
Maximum: 400 feet
289 feet Yes
Building Height Maximum:
6 stories / 75 feet
Retail-pharmacy
(RP):
1 story / 36 feet
Mixed-use building
(MUB):
6 stories / 72’-11”
Yes
Ground Floor Height Minimum: 16 feet RP: 36 feet
MUB: 21’-6”
Yes
Upper Story Heights Minimum: 10 feet RP: N/A
MUB: 10+ feet
Yes
Front Street Setback
(Fremont Boulevard)
Minimum: Zero
Maximum: 10 feet
RP: N/A
MUB: 10 feet
Yes
Side Street Setback
(Mowry Avenue)
Minimum: 10 feet
Maximum 15 feet
RP: 13’-6”
MUB: N/A
Yes
Façade Plane-Break Minimum: 5 feet ×
25 feet for every 100
feet of building
length
5+ feet × 25+ feet
plane-breaks (all
elevations)
Yes
On-Site Open Space Minimum: 15% of
site area (38,270 SF)
52,659 SF Yes
On-Site Semi-Public
Open Space
Minimum: 50% of
on-site open space
requirement (19,135
SF)
21,213 SF Yes
Private Open Space Minimum: 50 SF per
dwelling unit
50+ SF per dwelling
unit (all)
Yes
Private Storage Space Minimum: 100 CF per
unit
101+ CF per unit
(all)
Yes
Properties within the City Center District are required to be developed with “urban” frontage types.

The proposed project incorporates the “shopfront frontage” type for the retail-pharmacy building’s Mowry Avenue façade and the “forecourt frontage” type for the mixed-use building’s Fremont Boulevard frontage. Additionally, though not required, the mixed-use building’s Capitol Avenue extension frontage has been designed to meet the City Center District’s shopfront frontage requirements. Per Fremont Municipal Code (FMC) Table 18.43.220, these specific frontage types are

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permitted in the CC-UN zone. The following table illustrates the proposed project’s compliance with applicable building frontage requirements:

Development
Standard
Requirement (CCUN Zone)
Proposed Compliant?
Storefront Glazing
(Shopfront Standard)
Minimum: 70% of
façade
70% Yes
Walls Without Openings
(Shopfront Standard)
Maximum: 10 LF <10 LF (varies) Yes
Height to Top of
Opening
(Shopfront Standard)
Minimum: 12 feet
Maximum: 22 feet

15.5 feet Yes
Width of Bays
(Shopfront Standard)
Minimum 8 feet
Maximum: 25 feet
18 feet Yes
Height of Bulkhead
(Shopfront Standard)
Minimum: 8 inches
Maximum: 3.5 feet

1.5 – 2 feet Yes
Forecourt Width
(Forecourt Standard)
Minimum: 25 feet 25-1” Yes
Forecourt Depth
(Forecourt Standard)
Minimum: 25 feet 25’-6” Yes

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The table below illustrates the proposed project’s compliance with parking standards applicable to the CC-UN district:

Additionally, the proposed project would result in the removal of 426 surface parking spaces that serve existing shopping center uses. The removal of these parking spaces would not render the shopping center’s post-construction, on-site parking count nonconforming, per the table below:

Development
Standard
Requirement (CCUN Zone)Proposed Compliant?
Residential Automobile
Parking (Exclusive Use)
Minimum: 1 space
per dwelling unit
(314 spaces)
Maximum: 2 spaces
per dwelling unit
(628 spaces)
430 spaces Yes
Retail-Pharmacy +
Mixed-Use Commercial
Automobile Parking
(Non-Exclusive Use)
Minimum : 2.25
spaces / 1,000 SF
(62 spaces)
Maximum : 5 spaces
per 1,000 SF
(136 spaces)
104 spaces Yes
Residential Bicycle
Parking
Short-term:

Minimum 4 + 1 per
10 units (35 spaces)
Long-term:

Minimum 2 + 0.5
per unit (159
spaces)
35 short-term
spaces;
243 long-term
spaces
Yes
Retail-Pharmacy +
Mixed-Use Commercial
Bicycle Parking
Short-term:

Minimum 4 + 5%
commercial parking
(6 spaces)
Long-term:

Minimum 1 + 5%
commercial parking
(3 spaces)
6 short-term spaces;
3 long-term spaces
Yes
Development
Standard
Requirement (CCUN Zone)Proposed Compliant?
Commercial Use (NonHealthcare) Parking
*Proposed Shopping
Center GFA: 586,242 SF
Minimum: 3.3 spaces
/ 1,000 SF (1,934
spaces)
Maximum: 5 spaces
per 1,000 SF (2,931
spaces)

4.2 spaces per 1,000
SF (2,487 spaces)
Yes

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Design Analysis
The proposed project has been reviewed for consistency with the objective design guidelines of the City Center Community Plan. Based on these reviews, which involved a several-round iterative process, staff has found that the project would comply with all applicable objective criteria. No exceptions or modifications to zoning standards are being requested.

Architecture
Project design is consistent with the objective standards adopted in the City Center Community Plan and CC-UN zoning, which collaboratively require architecture that reflects a high-level of design, supports active and continuous pedestrian-oriented environments, incorporates massing and form variation, and utilizes quality materials and details to express a welcoming urban character.

Project buildings feature a refined, contemporary look befitting the site’s prominent City Center setting. The buildings spatially define their adjacent rights-of-way and plaza spaces, and feature pedestrian-oriented architectural designs that activate the public realm and improve street character.

The mixed-use building’s front, Fremont Boulevard façade features a forecourt design with groundlevel units that open onto the public sidewalk. A large entry plaza near the Fremont Boulevard – Capitol Avenue corner marks a transition from the ground-level units to the building’s lobby, leasing, and retail-commercial spaces, which extend the length of the driveway connecting to Capitol Avenue.

These non-residential spaces feature double-height floor plates and storefront systems with large openings that offer a high degree of transparency at the pedestrian level. Multiple podium-level courtyards open onto building edges to break up building massing and provide for light and air into the tenant common open space areas. The retail-pharmacy building similarly addresses its frontage by orienting its front door to the Mowry Avenue sidewalk and lining the right-of-way with an articulated, open façade to maximize visibility into the building’s interior. A materials palette consisting of stucco and composite panel siding is accentuated by aluminum louver and metal canopy elements to further add to the building’s visual interest.

Landscaping/Open Space
The project features landscaping and other urban design elements that enhance the two buildings and their surrounding environments. The mixed-use building’s Fremont Boulevard frontage would feature a row of on-site, building-fronting trees that would complement a separate row of new, ingrate street trees planted within the monolithic right-of-way. The bulk of the project’s grade-level landscaping would occur along the driveway extension from Capitol Avenue, which connects to the aforementioned Fremont Boulevard right-of-way. A series of publicly accessible plaza spaces, activated by the adjacent retail-commercial storefronts on the ground floor of the mixed-use building, would line the roadway extension. These interconnected plaza spaces would feature accent paving, seat walls, tree plantings, turf areas, and other amenities that together enhance the project’s public realm and provide a venue for gathering. Within the building, 31,445 square feet of courtyard area is proposed on the podium level. These connected spaces, programmed for both active and passive use, feature amenities such as a swimming pool, yoga terrace, and a dog park. On the building’s sixth floor, a 1,504-square-foot roof terrace would provide views overlooking the site’s Fremont Boulevard / Capitol Avenue entry.

Landscaping along the retail-pharmacy building’s Mowry Avenue frontage would consist of new ingrate street trees within a monolithic sidewalk. On-site, proposed parking lot tree plantings and landscape strips would provide shade coverage for the building’s parking fields and help screen parking areas from right-of-way view. A safe, landscape-lined contiguous pedestrian connection

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from the Mowry Avenue public sidewalk through to the mixed-use building (and, from there, the remnant portions of the shopping center) would be provided.

Tree Removal
The project’s tree inventory chart identifies 85 trees at the site that qualify for protection under the City’s Tree Preservation Ordinance. The project proposes to remove 62 of these private protected trees to enable reasonable and conforming use of the property. The most numerous of the trees to be removed – various palms (14), sycamores (11), and Modesto Ash (10) – are generally parking lot trees, trees located along portions of the property abutting the off-site gasoline service station property, and trees located within portions of the shopping center’s paseo areas that would be repurposed as part of this proposal as open space areas.

A total of 232 new trees are proposed with the project, including 59 mitigation trees and 18 street trees (10 on Fremont Boulevard, eight on Mowry Avenue).

City Center Art
The City Center District has an established art program that promotes artwork installations, art education, and arts experiences throughout the district. The City Center Art Program is funded by art fees collected for new public and private developments. The project applicant would be required to pay the full art fee (currently $0.72 per square foot of construction) or pay 50 percent of the required art fee and use the remaining 50 percent of the fee for an on-site public art installation. Any in-lieu fees would be added to the City Center Art Fund for the commissioning and installation of artwork within the district. However, if the applicant elects to incorporate art into the project, the applicant would be required to propose public art subject to compliance and procedures set forth in the City’s Art in Public Places Program Policy. At this stage, the applicant proposes to pay the art fee in-lieu of providing on-site public art.

Off-Site Improvements
To implement the project, right-of-way dedications are required on the site’s Fremont Boulevard and Mowry Avenue frontages for conformance with General Plan and City Center District complete streets policies. Along the full extent of the project’s Fremont Boulevard frontage, a 5’ street right-of-way easement dedication is required to accommodate a 15’-wide monolithic sidewalk with street trees.

Along the full extent of the site’s Mowry Avenue frontage, a 3.9’ street right-of-way easement dedication is necessary to provide a 14’-wide monolithic sidewalk with street trees. Additionally, grind and overlay of the western-half of the Fremont Boulevard roadway between Mowry Avenue and Capitol Avenue would be required.

Affordable Housing
Pursuant to Fremont Municipal Code (FMC) Chapter 18.155, the applicant proposes payment of affordable housing in-lieu fees rather than providing below market rate units as part of the project.

The ordinance specifies that payment of fees is an acceptable alternative to providing below market rate units within the project. The final fee amount would be calculated based on the project’s individual unit sizes with the fee in effect at the time of building permit issuance. Affordable housing fees paid to the City will be used for future development of low, very low, and extremely low income housing units.

Environmental Review

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The City Center Community Plan was adopted by the Fremont City Council in May 2015. The Community Plan implements the General Plan, which was last comprehensively updated in December 2011 in a process that included preparation and certification of an Environmental Impact Report (EIR). As described within this report and detailed in the accompanying CEQA Environmental Compliance Checklist (Informational Item No. 1), the project is consistent with the City Center Community Plan and the applicable standards of the City Center District. As such, the project qualifies for no further environmental review in accordance with CEQA Guidelines Section 15183.

Each of the foregoing provides, without limitation, separate and independent basis for the no further environmental review finding.

FINDINGS FOR APPROVAL:

Discretionary Design Review Permit
Pursuant to FMC Section 18.235.060, in order to approve a Discretionary Design Review Permit, the approval authority must make the following findings applicable to the project:
(a) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines.

Analysis: The proposed project is designed in conformance with the requirements of the Commercial – City Center designation of the General Plan, 2023-31 Housing Element, the City Center Community Plan, and City Center District zoning with respect to site planning, massing, architecture, and other urban design characteristics. As a relatively compact mixeduse development within a wholly retail-commercial, suburban-style shopping center, the project will provide greater intensity, scale, and diversity of uses in a key location within the City Center, furthering aims of transforming the area into a more walkable, urban district. (b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means.

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architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare; and
Analysis: The proposed mixed-use project, as designed, will not interfere with the use and enjoyment of adjacent developments, nor will it be detrimental to public health, safety, or welfare, as it is compatible in scale and use with development allowances within the City Center District. Additionally, Building Division and Fire Department staff have reviewed the project and found that it can be constructed in conformance with all applicable California Building and Fire Code life safety regulations, thereby minimizing project potential for detrimental impacts to public health, safety, or the welfare of persons or property in the project site’s vicinity.
(d) Where HARB review is required, the proposed project is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175.

Tree Removal
Pursuant to FMC Section 18.215.070, the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:
(a) The proposed removal of 62 protected trees would be consistent with the City’s Tree Preservation Ordinance.

CEQA
Pursuant to CEQA Guidelines Section 15162, the following findings are required for projects when an EIR has been certified for a project and no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

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Analysis: As documented in the CEQA Environmental Compliance Checklist (included as Information Item No. 1) prepared for the project, none of the criteria listed above has occurred. This checklist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed project, which is within the scope of the EIR, and that no further CEQA documentation is required.

PUBLIC NOTICE AND COMMENT:

Public hearing notification is applicable. A total of xx notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupants were mailed on December xx, 2023. A Public Hearing Notice was published by The Tri-City Voice on December xx, 2023.

ENCLOSURES:

Exhibit “A” – Project Plans
Exhibit “B” – Findings and Conditions of Approval
Informational Item No. 1 – CEQA Environmental Compliance Checklist RECOMMENDATION:

1. Hold public hearing.

2. Find that no further environmental review is required for the project pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none

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of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred;

3. Find the requested Discretionary Design Review Permit consistent with the City’s General Plan and that the proposed site is physically suitable for the type, density, and intensity of the proposed use, would be compatible with development in the vicinity, and would not be detrimental to the public health, safety, or welfare of persons or property in the vicinity as enumerated within the staff report; and

4. Approve PLN2022-00487, as shown in Exhibit “A,” subject to the findings and conditions contained in Exhibit “B”

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Existing Zoning
(Shaded Area represents the Project Site)
Existing General Plan
(Shaded Area represents the Project Site)

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CEQA ENVIRONMENTAL CONSISTENCY CHECKLIST
Introduction
City Center Community Plan
The City of Fremont’s City Center Community Plan (City Center Plan) covers an approximately 480‐acre planning area centrally located within the City of Fremont. This planning area is generally bounded by the Fremont BART Station and BART tracks to the north; Stevenson Boulevard, Sundale Avenue and Walnut Avenue to the west; Argonaut Way to the south; and Mowry Avenue plus the commercial properties to the west of Mowry Avenue to the west. This planning area is roughly contiguous with the General Plan’s ‘City Center’ land use designation. The City Center Plan surrounds, but does not include any areas of the complimentary Downtown Community Plan, which is bounded by the arterial roadways of Paseo Padre Parkway, Walnut Avenue, Fremont Boulevard and Mowry Avenue.

The City Center Plan provides policy guidance, illustrative concepts and implementation actions for transforming the area near central Fremont, BART and Downtown from an auto-oriented suburban area into a truly walkable, urban, transit-oriented City Center. It implements the General Plan while consolidating previous planning work within the City Center. The City Center Plan is intended to support and catalyze development in the Downtown District, which the City Center largely surrounds. The City Center Plan recognizes a limited number of sites where rapid transformation to an improved pedestrian environment may be possible. These sites include Gateway Plaza, the BART property around the Fremont BART Station, and the Hub Shopping Center.

The proposed Project is located within the Hub Shopping Center at the southerly end of the City Center Plan. The City Center Plan envisions multiple options for how, when, and if the Hub might redevelop. Options include continuation of existing use and character; evolution of certain portions of the site through the addition of residential or mixed-use infill buildings; and transformation of large portions of the site. Key policy guidance from the City Center Plan pertaining to future development within the Hub Shopping Center area includes the following:
• Policy16.8, The Hub: A variety of uses including large format retail, commercial, residential or a mix of all of these, may occur in the Hub.
• Policy 16.10, Surface Lot Infill: Seek opportunities for infill development on surface parking lots in the Hub.

Key policy guidance from the City Center Plan pertaining to desired land use and design for future development, including new development within the Hub Shopping Center area, include the following:
• Goal 1, Mix of City Center Land Uses: The land use mix in the City Center is intended to be flexible and urban. It will implement the General Plan’s vision of a walkable, mixed-use, urban, and transit-oriented City Center, while providing Fremont with a core of civic and commercial activity complemented by employment, housing, services and entertainment. The flexible mix of residential and non-residential uses throughout the City Center could include “vertical” mixed-use buildings as well as “horizontal” mixed-use areas with different complementary uses side-by-side in an urban setting. • Policy 1.2, Development Flexibility: Allow flexibility in the use and scale of new development to respond to market forces.
• Policy 1.3, Mix of Uses: Encourage a diverse mix of uses in the City Center, including housing (senior housing, affordable housing, live-work, and mid- to high-density multi-family housing); office and other jobs-rich uses; retail that is transit-oriented and/or complementary to Downtown; service commercial; entertainment; lodging; and institutional and hospital uses. • Policy 1.6, Complementary Land Uses: Encourage complementary uses between the City Center and Downtown, with the City Center focusing on jobs, housing, and limited retail and services to complement Downtown’s civic and active retail focus.

Consistent with the City Center’s vision, the proposed Project would demolish nearly 70,000 square feet of existing retail commercial space within the Hub Shopping Center, and replace this space with a mix of uses including a freestanding retail-pharmacy, a six-story mixed-use apartment building with ground floor INFORMATIONAL ITEM NO.2

FREMONT HUB MIXED-USE
PLN2024-00128(PLN2022-00487)

CITY COUNCIL HEARING
04/16/2024

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retail/commercial space, and an integrated (or ‘wrapped’) parking garage. The Project represents new infill development within the Hub Shopping Center; provides a mix of complimentary land uses including both “vertical” mixed-use buildings as well as “horizontal” mixed-uses; and promotes transformation of the Hub area into a more walkable, mixed-use, and urban location.

City Center Code
The City Center Community Plan is implemented by Chapter 18.43 of the Fremont Municipal Zoning Code (City Center Code), which provides development standards and regulations for the entire City Center area. Specifically, the Project site has a zoning designation of City Center – Urban Neighborhood (CC-UN). Pursuant to the Fremont Municipal Code (FMC) Section 18.43.110, the following development standards apply; a) The intent and purpose of the CC-UN zone as applied to areas south of the Downtown is to support the downtown and employment core areas with a wide variety of housing opportunities, neighborhood services, office, neighborhood retail, and regional retail at The Hub shopping center. b) The intended physical character of buildings is a combination of primarily block-form with some houseform buildings along transitions to existing neighborhoods. Buildings may be up to six stories, mixed and single use, with a variety of commercial uses and services. Buildings are to be near or at the sidewalk to spatially define the streetscape. Massing is to be toward the front of buildings to spatially define the wide streets, provide service area in the rear, and promote compatibility with neighboring properties. c) Streetscape is to be in support of pedestrian activity and consist of a range of frontages such as shopfronts with wide awnings near some corners and forecourts, terraces, stoops and parking courts.

Wide sidewalks are to provide for comfortable strolling and easy view of retail merchandise where shopfronts are allowed. Signage is to support of the wide variety of business activity in these areas. Open spaces are urban and provide community gathering space in support of high pedestrian activity and civic events.
d) Land use activity is to consist of a range of housing choices with limited supporting retail, restaurant, and service activity. In the shopping center known as “The Hub,” non-residential activity is to be vibrant and range from general retail, restaurants, grocery, bakery/deli, to office and personal services. e) Non-residential parking is to be minimal and grouped to be shared as practical, including on-street parking.
f) Building height and massing standards provide for a minimum building height of 2 stories (25 feet) and a maximum building height of 6 stories (75 feet)
g) Per Table 18.43.120, Permitted uses in City Center’s Urban Neighborhood (UN) Zone include multifamily, including units within mixed-use buildings, and health and personal care stores, including pharmacies.
h) Projects with at least 20,000 square feet of building site area shall provide at least 15 percent on-site public and semi-public open space per Section 18.43.070(b). Residential projects shall provide private open space per Section 18.43.070(b)[2].

Based on City of Fremont Planning staff’s review, the proposed Project is consistent in all major respects with the development standards of the City Center’s Urban Neighborhood zone as defined in section 18.43.110 of the Fremont Municipal Zoning Code.

Prior Environmental Review / 2011 General Plan Update EIR In 2011, the City of Fremont adopted a comprehensive update of the City of Fremont General Plan General Plan Update). The 2011 General Plan Update lays out a broad vision for the City, with goals, policies and implementation measures to achieve that vision. The 2011 General Plan Update established year 2035 as the horizon year, or the year by which the City projects is the earliest time period that the growth anticipated in the Plan will be achieved. The General Plan update was found consistent with state and regional planning efforts to focus growth near existing transit stations and corridors.

Concurrent with adoption of the 2011 General Plan Update, the City also prepared and certified a General Plan Update EIR (SCH#2010082060). The 2011 General Plan EIR identifies potentially significant environmental impacts in the topics of Transportation and Circulation, Cultural and Archaeological Resources, Air Quality, Agricultural Resources, Noise, Utilities and Service Systems, Hydrology and Water Quality, and Global Climate Change. Mitigation were identified to reduce all potentially significant effects to a less-than-significant level, except for the following;

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• Unacceptable levels of service at specified intersections and on specified roadway segments • Air quality emissions and Clean Air Plan consistency
• Noise increases related to traffic, and noise conflicts of incompatible uses and construction noise • Potential demolition of cultural and historic resources • Loss or conversion of prime or unique farmland to urban uses, and • Cumulative greenhouse gas emissions
No feasible mitigation was found capable of fully reducing these impacts.

Following adoption of the City’s General Plan Update and certification of the General Plan Update EIR, the City prepared the Fremont City Center Community Plan in 2015. The City Center Community Plan was initially envisioned as part of comprehensive update to the City of Fremont’s 2011 General Plan, and the development standards of the City Center Community Plan and Code are implementing documents of Fremont General Plan and guided by the General Plan’s adopted vision, policies, land use designation and other guidance.

When the City of Fremont adopted the 2015 City Center Community Plan, the City concluded that the environmental effect attributed to the City Center Community Plan had been fully anticipated under the General Plan Update EIR. At that time, the City made Findings pursuant to the California Environmental Quality Act (CEQA) that:
• the City Center Community Plan and its corresponding Center Code zoning text amendment, and the Zoning Map amendments are implementation measures of the General Plan; • an Environmental Impact Report (EIR) (SCH#2010082060) was previously certified for the comprehensive General Plan Update; and
• the potential environmental effect attributed to implementation of the City Center Community Plan have already been assessed in the General Plan Update’s certified EIR, and no further environmental review was required.

The Community Development Director was directed to file a Notice of Determination with the Alameda County Clerk’s office, acknowledging that the City Center Community Plan relied on the general Plan Update EIR for its CEQA review. Accordingly, the General Plan Update EIR is intended to provide (and has provided) streamlined environmental review for individual projects that are consistent with the density and intensity of development as anticipated in the City Center Community Plan, and to allow such projects to be exempt from additional environmental review, other than to address project‐specific significant effects that are peculiar to the project or site that were not adequately addressed by the General Plan EIR, or as needed to address substantial new information indicating that previously‐identified environmental impacts would be more significant than found in the General Plan Update EIR.

Fremont Standard Development Requirements
Subsequent to adoption of the City Center Community Plan, Fremont has adopted Standard Development Requirements (SDRs) as part of the Fremont Municipal Code (Chapter 18.218). Where SDRs supersede mitigation identified in the General Plan Update EIR or are otherwise applicable, they are included in this analysis.

The Purpose of this CEQA Document
The environmental analysis in this CEQA Consistency Checklist has been prepared for the proposed Project pursuant to the requirements of California Environmental Quality Act (CEQA) and the State CEQA Guidelines.

Specifically, the following CEQA Consistency Checklist has been prepared in accordance with CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning), to determine if the Project requires additional environmental review. Section 15183 of the CEQA Guidelines requires that projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified (e.g., the General Plan Update EIR) shall not require additional environmental review, except as necessary to examine whether there are project‐specific significant effects which are peculiar to the project or project site.

In accordance with the conclusion of the following CEQA Consistency Checklist, there are no new significant effects peculiar to this Project or this Project’s site other than those previously identified in the General Plan Update EIR. The programmatic mitigation measures from the General Plan Update EIR and/or SDRs are applied

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to the Project, and these measures and/or SDRs adequately address the potential environmental effects of the Project, as described in the environmental analyses below.

This analysis concludes that the Fremont Hub Mixed-Use Project at 39150 Argonaut Way (at APN 501-976-12) is within the scope of the Fremont General Plan Update EIR and that no further CEQA documentation is required.

The Fremont General Plan Update EIR is available at:

City of Fremont Community Development Department, Planning Division 39550 Liberty Street
Fremont, CA 94537
Or online at:
https://www.fremont.gov/government/departments/community-development/planning-building-permitservices/plans-maps-guidelines/general-plan

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PROJECT INFORMATION
Project Title: Fremont Hub Mixed-Use
Lead Agency Name and Address: City of Fremont, Planning Division 39550 Liberty Street, PO Box 5006
Fremont, CA 94537-5006
Contact Person and Phone Number: Mark Hungerford, Senior Planner – (510) 494-4541 Project Location: 39150 Argonaut Way
Fremont, CA 94538
(APN 501-976-12)
Project Sponsor’s Name and Address: Mark Rickards, Kimco Realty 4440 North 36th Street, Suite 200
Phoenix, AZ 85018
General Plan Designation: Commercial – City Center
Zoning: City Center – Urban Neighborhood (CC-UN)
Surrounding Land Uses and Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

Description of Project
The proposed project would demolish approximately 69,000 square feet of existing retail commercial area and would construct a 13,000-square-foot freestanding retail-pharmacy building with a drive-through (Phase 1A) and a six-story mixed-use building containing 314 apartment units,14,157 square feet of ground floor retail-commercial space, and 16,430 square feet of amenity space, with an integrated/wrapped 442 parking spaces in a parking garage (Phase 1B). The City has reviewed the proposed project and found it to be in conformance with applicable development policies, ordinances, and the General Plan.

Construction Activities and Schedule
While the timeline for construction is variable and subject to change, construction is anticipated to begin immediately after building permit issuance. Construction activities would comply with Fremont Municipal Code requirements, which limit construction hours to 7:00 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on Saturdays (FMC, Section 18.160.010). Typical construction equipment such as dump trucks, backhoes, and bulldozers would be used in construction.

Standard Development Requirements
The City of Fremont has established standard development requirements to address resource protection (Fremont Municipal Code Chapter 18.218). These requirements apply to air quality (construction-related emissions), biological resources (special-status species), and cultural resources (notification of affiliated California Native American Tribes and accidental discovery of cultural resources). The proposed project would comply with these standard development requirements, which are described in subsequent Sections of this Initial Study.

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AB52 Notification
The project was not required to send notices to Native American Tribes per Assembly Bill 52. Therefore, no notices were sent.

Project Approvals
The project is a private development proposal that involves private funds (no City, State, or federal funds). To allow the proposed project, the following approvals by the City would be necessary:
• Discretionary Design Review
• Tree Removal Permit
• Grading Permit
The project would be reviewed and discussed at public hearings before the Zoning Administrator.

Other Public Agencies Requiring Approval
The project may also require permits and/or approvals from:
• Alameda County Flood Control District (ACFCD),
• Alameda County Water District (ACWD), and
• Union Sanitary District (USD)
General Plan Conformance
As previously noted, the proposed project would be consistent with the General Plan for which a program-level Environmental Impact Report (EIR) was prepared and certified by the Fremont City Council in December 2011, in accordance with the requirements of the California Environmental Quality Act (CEQA).

Pursuant to CEQA Guidelines Section 15183, projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified (e.g., the General Plan Update EIR) shall not require additional environmental review, except as necessary to examine whether there are project‐specific significant effects which are peculiar to the project or project site. This CEQA Consistency Checklist has been prepared for that purpose, and has determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan or Zoning. The Project is consistent with the development densities established in the existing zoning and General Plan for which an EIR was certified. There are no project-specific significant effects that are peculiar to the Project or its site that were not analyzed a significant effects in the prior EIR, no potentially significant off-site impacts or cumulative impacts which were not discussed in the prior EIR, nor previously identified significant effect which, as a result of substantial new information that was not known at the time the prior EIR was certified and that would have a more severe adverse effect than discussed in the prior EIR.

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7 Figure 1: Vicinity Map of City Center
Project Site

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8 Figure 2: Site Aerial PROJECT SITE

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9 Figure 3: Proposed Site Plan

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ENVIRONMENTAL CHECKLIST
CEQA Guidelines Section 15162 mandates that no subsequent EIR shall be prepared for a project for which an EIR has been certified unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Furthermore, CEQA Guidelines Section 15183(b) states that, in approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1) Are peculiar to the project or the parcel on which the project would be located; 2) Were not analyzed as significant effects in a prior General Plan Update EIR on the zoning action, general plan, or community plan, with which the project is consistent; 3) Are potentially significant off‐site impacts and cumulative impacts which were not discussed in the prior General Plan Update EIR prepared for the general plan, community plan or zoning action; or 4) Are previously identified significant effects which, due to substantial new information which was not known at the time the General Plan Update EIR was certified, are determined to have a more severe adverse impact than discussed in the prior General Plan Update EIR.

The following pages of this document contain a CEQA Comparative Checklist that examines the Project’s potential environmental effects are within the parameters outlined by CEQA Guidelines Sections 15162 and 15183(b). The “Prior EIR” used for comparison is the Fremont General Plan Update certified by the City Council on December 13, 2011 (SCH#2010082060), including all impact determinations and significant thresholds utilized therein.

The General Plan Update EIR is hereby incorporated by reference and can be obtained from the City of Fremont Community Development Services Center at 39550 Liberty St., Fremont, CA 94538. The following CEQA checklist examines how the potential effects relate to the conclusions of the prior General Plan Update EIR, and whether any new or more significant impacts than those identified in that prior EIR would result from the Project.

This CEQA Checklist identifies potential environmental effects of the Project using a checklist method, with adequate explanation and evidence to support the Checklist entries and conclusions. The CEQA Checklist uses the following acronyms for CEQA conclusions:
• No Impact - for environmental factors that would not be affected in any manner • LTS - for less than significant impacts

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• LTS w/SDRs or LTS w/MM - for impacts that would be reduced to LTS with implementation of identified City of Fremont Standard Development Requirements (or SDRs) and/or mitigation measures (MMs) as identified in an applicable prior program EIR (i.e., the General Plan Update EIR), and • SU - for significant and unavoidable impacts

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1.1 AESTHETICS
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Have a substantial adverse effect on
a public scenic vista? LTS ◼ ☐ - LTS
b) Substantially damage scenic
resources, including but not limited to
trees, rock outcroppings, and historic
buildings within a state scenic highway?
LTS ◼ ☐ - LTS
c) Substantially degrade the existing
visual character or quality of the site
and its surroundings?
LTS ◼ ☐ - LTS
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
LTS ◼ ☐ - LTS with
SDR

1.1.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

The proposed project would demolish approximately 68,000 square feet of existing retail commercial area and would construct a 13,000-square-foot freestanding retail-pharmacy building with a drive-through (Phase 1A) and a six-story mixed-use building containing 314 apartment units, 14,157 square feet of ground floor retail-commercial space, and 16,430 square feet of amenity space, with an integrated/wrapped 442 parking spaces in a parking garage (Phase 1B).

The project site contains 85 trees in varying species, size, and condition. The General Plan considers the East Bay hills north and east of the site as scenic views for neighborhoods and commercial centers, and Fremont residents have voted to protect these hills as open space on several occasions, confirming their value as a scenic resource. The East Bay hills, including Mission Peak, can currently be seen from the project site. The surrounding neighborhood consists of a mix of low-rise commercial buildings, and multistory office and residential buildings. Views of the East Bay hills are partially obstructed by trees and the surrounding urban development. Existing lighting in the area consists primarily of streetlights in the public right of way and parking lot lighting for the surrounding development. The proposed development would partially displace an existing parking lot and the existing parking lot lighting would be modified to accommodate the proposed project. The existing buildings were evaluated for historic eligibility and determined to be ineligible for the historic register.

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1.1.2 Discussion
a) Have a substantial adverse effect on a scenic vista? The General Plan does not identify any scenic resources in the vicinity of the project site and there are no scenic highways in the area. There are no identified existing scenic vistas that would be impacted by the proposed development. There is a limited scenic vista to the east bay hills to the east of the site but this view is partially obscured by the existing development and trees in the surrounding neighborhood. The proposed project would not have a significant impact on views of the East Bay hills.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding scenic vistas. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR. Therefore, impacts from the construction and operation of the project on a scenic vista would be less than significant and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The proposed project is not located near a state scenic highway. There are no rock outcroppings or historic buildings located on the project site. The site currently contains 85 trees of various species and size. 62 of these trees would be removed. Removal of these trees would be done in accordance with the City of Fremont Tree Preservation Ordinance (FMC 18.215). Removed trees would be replaced on site with new trees. Any trees removed and not replaced would be subject to tree mitigation fees to add to the urban canopy elsewhere in the City.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding scenic resources. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Therefore impacts to scenic resources would be less than significant and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The proposed project is located in an urbanized area, developed on all sides by a mix of commercial, and residential uses. The site currently contains a retail shopping center and parking lot. The proposed project would conform to the applicable City zoning rules and development policies, which ensure that the project would be consistent with the General Plan goals and policies related to Aesthetics as evaluated in the General Plan EIR.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding scenic quality. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR. Therefore, impacts would be less than significant, and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required

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d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The proposed project would be located in an urban area along parkway and arterial streets. The site would be illuminated by both building mounted and pole mounted lights. In accordance with Fremont development policies and the Fremont General Plan, the lighting would be configured in such a way as to prevent light spill onto neighboring properties and to avoid objectionable glare. Compliance with the exterior lighting requirements of the Zoning Ordinance (FMC 18.50.050) and Citywide Design Guidelines would ensure that the project would not create new source of substantial light and glare and impacts would be less than significant. As such, no mitigation is required.

Construction activities for the site would be required to be within the City’s construction hours, which are limited to the daytime hours (7am to 7pm on weekdays; 9am to 6pm on Saturdays and holidays, no construction allowed on Sunday).Compliance with these hours would reduce construction-related impacts from light and glare to less than significant.

For these reasons, the project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area and the impact would be less than significant with no mitigation required. There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding light or glare adversely affecting day or nighttime views in the area. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning.

Available online at https://www.codepublishing.com/CA/Fremont/.

2. City of Fremont, 2011. City of Fremont General Plan. Community Character Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/communitydevelopment/planning-building-permit-services/plans-maps-guidelines/general-plan

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

4. Project Plans. Prepared for the City of Fremont.

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1.2 AGRICULTURE AND FOREST RESOURCES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
SU ◼ ☐ - No Impact
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract
No Impact ◼ ☐ - No Impact
c) Conflict with existing zoning for, or
cause rezoning of, forest land,
timberland, or timberland zoned
Timberland Production, or result in the
loss of forest land or conversion of
forest land to non-forest use
No Impact ◼ ☐ - No Impact

1.2.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

1.2.2 Discussion
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The proposed project site is mapped as “Urban and Built-Up Land” by the California Department of Conservation Farmland Mapping and Monitoring Program.1 No agricultural land use exists within the 1 California Department of Conservation, Important Farmland Finder. Accessed on November 3, 2023. Available at: https://maps.conservation.ca.gov/DLRP/CIFF/

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proposed project site or the Downtown District. This condition precludes the possibility of the conversion of Important Farmland to non-agricultural use. Therefore, no impact to prime farmland, unique farmland, or farmland of statewide importance would result from the project and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in conversion of farmland.

The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: None
Mitigation: None required
b) Conflict with existing zoning for agricultural use or a Williamson Act contract? As shown on the California Department of Conservation’s Farmland Mapping and Monitoring Program, the site is classified as “urban and built-up land.” Furthermore, there are no agriculturally zoned lands or existing Williamson Act contracts in the project area. Therefore, the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract so no impact to such lands would result from the project.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding zoning for agricultural uses or a Williamson Act contract. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: None
Mitigation: None required
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
The site is zoned City Center – Urban Neighborhood (CC-UN) and the site does not contain any forest or timberlands, thus the project would not result in the loss of forest or timberland or the conversion of forest land to non-forest use. Therefore, no forest resource impacts would result from the development of the project, and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding forest or timber land. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: None
Mitigation: None required
d) Result in the loss of forest land or conversion of forest land to non-forest use? The proposed project is located in a built-up, urban area and does not contain any forest or timberlands.

Therefore, no forest resource impacts would result from the development of the project, and no mitigation is required. There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding a loss of forest land or conversion of forest land.

Potential Impact: None
Mitigation: None required

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e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
The proposed project is located in a built-up, urban area and does not contain any forest or timberlands.

Therefore, no forest resource impacts would result from the development of the project, and no mitigation is required. There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding conversion of farmland to nonagricultural use or conversion of forest land to non-forest use.

Potential Impact: None
Mitigation: None required
References

1. California Department of Conservation Important Farmland Finder.

Available at https://maps.conservation.ca.gov/DLRP/CIFF/.

2. California Department of Conservation, 2022. Williamson Act Status Report. Available at https://www.conservation.ca.gov/dlrp/wa/Pages/stats_reports.aspx.

5. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning.

Available online at https://www.codepublishing.com/CA/Fremont/.

6. City of Fremont, 2011. City of Fremont General Plan. Community Character Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/communitydevelopment/planning-building-permit-services/plans-maps-guidelines/general-plan

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1.3 AIR QUALITY
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Conflict with or obstruct
implementation of the applicable air
quality plan or violate any air quality
standard or contribute substantially to an
existing or projected air quality violation
SU ◼ ☐ - LTS
b) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)
Construction:

SU with MM
Air-3
◼ ☐ SDR Air Quality 1:

Construction-Related
Emissions
LTS with
SDR
c) Expose sensitive receptors to
substantial pollutant concentrations
LTS with MM
Air-2
◼ SDR Air Quality 2:

Supplemental
Measures
LTS with
SDR
d) Create objectionable odors affecting
a substantial number of people
LTS ◼ - LTS

1.3.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

The proposed project would comply with the 2022 California Green Building Standards Code (CALGreen) building measures and Title 24 standards. In addition, the proposed project would be designed to Leadership in Energy and Environmental Design (LEED) Gold or Silver standards and would include electric vehicle (EV) charging. In addition, the proposed project would incorporate a heating, ventilation, and air conditioning (HVAC) system with a control efficiency sufficient to result 10/31/23 (\\lsaazfiles.file.core.windows.net\projects\CFR2002.08 Fremont Hub\PRODUCTS\AQ\Fremont Hub AQ GHG Memo 103123.docx)
in a reduction of a minimum 85 percent of particulates of 10 microns or less, such as Minimum Efficiency Reporting Value (MERV)-9 filters or greater, for indoor air filtration systems into the residential units. The ventilation system would be certified to achieve the stated performance

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effectiveness for indoor areas of residential units. Once operational, the proposed project would generate approximately 2,158 average daily trips.

Construction activities for the project would begin in 2025 and occur for 24 months ending in 2027.

The proposed project would include the demolition of 68,103 square feet of existing uses and the import of 16,000 cubic yards of soil.

The City has adopted “Standard Development Requirements” under the Fremont Municipal Code Section

18.218.050, which include the BAAQMD CEQA Air Quality Guidelines best management practices to control dust during construction projects.

Air quality is primarily a function of both local climate, local sources of air pollution and regional pollution transport. The amount of a given pollutant in the atmosphere is determined by the amount of the pollutant released and the atmosphere’s ability to transport and dilute the pollutant.

The major determinants of transport and dilution are wind, atmospheric stability, terrain, and for photochemical pollutants, sunshine.

A region’s topographic features have a direct correlation with air pollution flow and, therefore, are used to determine the boundary of air basins. Fremont is located within the San Francisco Bay Area Air Basin (Air Basin), a large shallow air basin ringed by hills that taper into a number of sheltered valleys around the perimeter. Two primary atmospheric outlets exist. One is through the strait known as the Golden Gate, a direct outlet to the Pacific Ocean. The second extends to the northeast, along the west delta region of the Sacramento and San Joaquin Rivers.

Fremont is within the jurisdiction of the BAAQMD, which regulates air quality in the Bay Area. Air quality conditions in the Bay Area have improved significantly since the BAAQMD was created in 1955. Ambient concentrations of air pollutants and the number of days during which the region exceeds air quality standards have fallen dramatically. Neither State nor national ambient air quality standards of the following chemicals have been violated in recent decades: nitrogen dioxide, sulfur dioxide, sulfates, lead, hydrogen sulfide, and vinyl chloride. Those exceedances of air quality standards that do occur primarily happen during meteorological conditions conducive to high pollution levels, such as cold, windless nights or hot, sunny summer afternoons.

Both State and federal governments have established health-based Ambient Air Quality Standards for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter. In addition, the State has set standards for sulfates, hydrogen sulfide, vinyl chloride and visibility-reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. Two criteria pollutants, O3 and NO2, are considered regional pollutants because they (or their precursors) affect air quality on a regional scale. Pollutants such as CO, SO2, and Pb are considered local pollutants that tend to accumulate in the air locally. The BAAQMD is under State non-attainment status for ozone and particulate matter standards. The BAAQMD is classified as non-attainment for the federal ozone 8-hour standard and non-attainment for the federal PM2.5 24-hour standard. As such, the primary pollutants of concern in the project area are O3, CO, and PM2.5.

Because of the conservative nature of the significance thresholds, and the basin-wide context of individual development project emissions, there is no direct correlation between a single project and localized air quality-related health effects. One individual project that generates emissions exceeding a threshold does not necessarily result in adverse health effects for residents in the project vicinity. This condition is especially true when the criteria pollutants exceeding thresholds are those with regional effects, such as ozone precursors like nitrogen oxides (NOx) and reactive organic gases (ROG).

Further, by its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to by itself result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, the air districts have considered the emission levels for which a project’s individual emissions would

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be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

Occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals, and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease.

Persons engaged in strenuous work or exercise also have increased sensitivity to poor air quality.

Residential areas are considered more sensitive to air quality conditions, compared to commercial and industrial areas, because people generally spend longer periods of time at their residences, with greater associated exposure to ambient air quality conditions. Recreational uses are also considered sensitive compared to commercial and industrial uses due to greater exposure to ambient air quality conditions associated with exercise. These populations are referred to as sensitive receptors.

Regulatory Framework:

Federal Regulations
The 1970 Federal Clean Air Act (CAA) authorized the establishment of national health-based air quality standards and set deadlines for their attainment. The CAA Amendments of 1990 changed deadlines for attaining national standards as well as the remedial actions required for areas of the nation that exceed the standards. Under the CAA, State and local agencies in areas that exceed the national standards are required to develop State Implementation Plans to demonstrate how they will achieve the national standards by specified dates.

State Regulations
In 1988, the California Clean Air Act (CCAA) required that all air districts in the State endeavor to achieve and maintain California Ambient Air Quality Standards (CAAQS) for CO, O3, sulfur dioxide (SO2), and nitrogen dioxide (NO2) by the earliest practical date. The CCAA provides districts with authority to regulate indirect sources and mandates that air quality districts focus particular attention on reducing emissions from transportation and area-wide emission sources. Each nonattainment district is required to adopt a plan to achieve a 5 percent annual reduction, averaged over consecutive 3-year periods, in district-wide emissions of each nonattainment pollutant or its precursors. A Clean Air Plan shows how a district would reduce emissions to achieve air quality standards. Generally, the State standards for these pollutants are more stringent than the national standards.

The CARB is the State’s “clean air agency.” The CARB’s goals are to attain and maintain healthy air quality, protect the public from exposure to toxic air contaminants, and oversee compliance with air pollution rules and regulations.

Regional Regulations
The BAAQMD seeks to attain and maintain air quality conditions in the San Francisco Bay Area Air Basin through a comprehensive program of planning, regulation, enforcement, technical innovation, and education. The clean air strategy includes the preparation of plans for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations, and issuance of permits for stationary sources. The BAAQMD also inspects stationary sources and responds to citizen complaints, monitors ambient air quality and meteorological conditions, and implements programs and regulations required by law.

Clean Air Plan. The Clean Air Plan guides the region’s air quality planning efforts to attain the CAAQS.8 The BAAQMD 2017 Clean Air Plan, which was adopted on April 19, 2017, by the BAAQMD Board of Directors, is the current Clean Air Plan which contains district-wide control measures to reduce ozone precursor emissions (e.g., ROG and NOx), particulate matter and greenhouse gas (GHG) emissions.

The Bay Area 2017 Clean Air Plan:
• Describes the BAAQMD plan towards attaining all State and federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities; • Defines a vision for transitioning the region to a post-carbon economy needed to achieve ambitious GHG reduction targets for 2030 and 2050;

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• Provides a regional climate protection strategy that will put the Bay Area on a pathway to achieve GHG reduction targets; and
• Includes a wide range of control measures designed to decrease emissions of air pollutants that are most harmful to Bay Area residents, such as particulate matter, ozone, and toxic air contaminants; to reduce emissions of methane and other “Super-GHGs” that are potent climate pollutants in the near term; and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.

BAAQMD CEQA Air Quality Guidelines. The BAAQMD CEQA Air Quality Guidelines were prepared to assist in the evaluation of air quality impacts of projects and plans proposed within the Bay Area. The guidelines provide recommended procedures for evaluating potential air impacts during the environmental review process, consistent with CEQA requirements, and include recommended thresholds of significance, mitigation measures, and background air quality information. They also include recommended assessment methodologies for air toxics, odors, and GHG emissions. In 2023, the BAAQMD published an updated version of the CEQA Guidelines. The BAAQMD CEQA Guidelines include thresholds to evaluate project impacts to protectively evaluate the potential effects of the project on air quality. These protective thresholds are appropriate in the context of the size, scale, and location of the proposed project.

Local Regulations
The Conservation Element of the City of Fremont General Plan9 includes air quality policies and implementation measures intended to improve air quality over current conditions to meet or exceed State and regional standards. The following policies and implementation measures are applicable to the project:
• Policy 7-7.2: Reduce Air Pollution Levels. Reduce City of Fremont air contaminant levels and particulate emissions below BAAQMD attainment levels, in particular, ozone and particulate matter levels.

Implementation 7-7.2.A: Construction Practices. Require construction practices that reduce dust and other particulate emissions and require watering of exposed areas at construction sites.

Implementation 7-7.2.B: Reducing Fireplace Emissions. Ensure new development complies with the City’s Wood Burning Fireplace Ordinance to assist in reducing fireplace particulate emissions.
• Policy 7-7.3: Land Use Planning to Minimize Health Impacts from Toxic Air Contaminants.

Coordinate land use planning with air quality data and local transportation planning to reduce the potential for long-term exposure to toxic air contaminants (TAC) from permanent sources that affect the community.

Implementation 7-7.3.A: Limit New TAC Sources. Evaluate new sources of TAC emissions pursuant to BAAQMD guidelines and thresholds for an increased health risk of no more than 10 additional incidents of cancer per million exposures or contribute to a cumulative risk in excess of 100 additional incidents of cancer per million exposures.

Implementation 7-7.3.B: Limit New Residential Development in High Risk Areas. For infill development sites within existing neighborhoods, apply thresholds for review when new sensitive receptors are within areas exposed to health risk levels in excess of 100 additional incidents of cancer per million exposures. Infill development also includes conditional development of a mixed use and urban residential development nature within residential and commercial areas of Centers and Urban Corridors.

When considering land use changes that add sensitive receptor uses outside of existing neighborhoods, apply thresholds for review when new sensitive receptors are within areas exposed to health risk levels in excess of 10 additional incidents of cancer per million exposures.

Implementation 7-7.3.C: Incorporate TAC Controls with New Development. New development projects with sensitive receptors within 1,000 feet of a freeway or major TAC source shall assess the TAC health risk for the site and incorporate, to the maximum extent feasible, risk reduction measures to reduce exposure to TAC. Risk

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reduction measures may include, but not be limited to, project phasing, site orientation, distance separations, landscape buffering, building air filtration systems, modified building design or building type, or off site improvements at a TAC source.

In addition, the City of Fremont Municipal Code (FMC) identifies standard development requirements for construction-related emissions in Section 18.218.050. FMC Section 18.218.050 requires the implementation of the BAAQMD’s Basic Construction Mitigation Measures for all proposed development projects and the implementation of the BAAQMD’s Additional Construction Mitigation Measures that are recommended for proposed development projects that would generate construction emissions above the BAAQMD’s thresholds. FMC Section 18.218.050 Standard Development Requirements for air quality are as follows:
(a) Air Quality.
(1) Construction Related Emissions. The following construction measures, as periodically amended by BAAQMD, are required for all proposed development projects to reduce construction-related fugitive dust and exhaust emissions:
(A) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times daily. (B) All haul trucks transporting soil, sand, or other loose material off site shall be covered. (C) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
(D) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. (E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
(F) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for construction workers at all access points.
(G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. (H) A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
(2) Construction Related Emissions – Supplemental Measures. The following supplemental construction measures, as periodically amended by BAAQMD, are required for all proposed development projects that would exceed the thresholds of significance for construction criteria air pollutant and precursors provided in the most recent BAAQMD CEQA Guidelines:
(A) All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.
(B) All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

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(C) Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity.
(D) Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
(E) The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the total area of surfaces disturbed at any one time. (F) All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
(G) Site accesses to a distance of 100 feet from the paved road shall be treated with a six- to 12-inch compacted layer of wood chips, mulch, or gravel. (H) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. (I) Idling time of diesel-powered construction equipment shall be limited to two minutes. (J) The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project-wide fleet-average 20 percent nitrogen oxide (NOx) reduction and 45 percent particulate matter (PM) reduction compared to the most recent Air Resources Board fleet average.

Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, aftertreatment products, add-on devices such as particulate filters, and/or other options as such become available.
(K) Low volatile organic compound (i.e., reactive organic gas) coatings beyond the local requirements (i.e., BAAQMD Regulation 8, Rule 3: Architectural Coatings) shall be used.
(L) All construction equipment, diesel trucks, and generators shall be equipped with best available control technology for emission reductions of NOx and PM. (M) All contractors shall use equipment that meets the Air Resources Board’s most recent certification standard for off-road heavy-duty diesel engines.

1.3.2 Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan? The applicable air quality plan is the BAAQMD 2017 Clean Air Plan (Clean Air Plan), which defines control strategies to reduce emissions and ambient concentrations of air pollutants; safeguard public health by reducing exposure to air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily affected by air pollution; and reduce GHG emissions to protect the climate. Consistency with the Clean Air Plan can be determined if the project: (1) supports the goals of the Clean Air Plan; (2) includes applicable control measures from the Clean Air Plan; and (3) would not disrupt or hinder implementation of any control measures from the Clean Air Plan.

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Clean Air Plan Goals. The primary goals of the Bay Area Clean Air Plan are to: attain air quality standards; reduce population exposure and protect public health in the Bay Area; and reduce GHG emissions and protect climate.

The BAAQMD has established significance thresholds for project construction and operational impacts at a level at which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards. The health and hazards thresholds were established to help protect public health. As discussed in the project’s Air Quality Memo prepared for the City by LSA Associates, construction and operation of the proposed project would not result in the generation of criteria air pollutants that would exceed BAAQMD thresholds of significance. Therefore, the proposed project would not conflict with the Clean Air Plan goals.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding conflicts with clean air plan goals. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR
Potential Impact: Less than significant
Mitigation: None required
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
The BAAQMD is currently designated as a nonattainment area for State and national ozone standards and national particulate matter AAQS. The BAAQMD’s nonattainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.

In developing thresholds of significance for air pollutants, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project-level construction- and operation-related air quality impacts.

Short-Term Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by demolition, grading, paving, building, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, ROG, directly emitted particulate matter (PM2.5 and PM10), and TACs such as diesel exhaust particulate matter.

Project construction activities would include demolition, site preparation, grading, building, paving, and architectural coating (painting). Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site. Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site.

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Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The BAAQMD has established standard measures for reducing fugitive dust emissions (PM10). With the implementation of these Basic Construction Mitigation Measures, fugitive dust emissions from construction activities would not result in adverse air quality impacts.

In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROG, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area, CO and other emissions from traffic would increase slightly while those vehicles idle in traffic. These emissions would be temporary in nature and limited to the immediate area surrounding the construction site.

As shown in the air quality memo for the project by LSA Associates, construction emissions associated with the project would not exceed the BAAQMD’s thresholds for ROG, NOX, exhaust PM10, and exhaust PM2.5 emissions. FMC Section 18.218.050 and General Plan FEIR Mitigation Measure AIR-3 would require the implementation of the BAAQMD’s Basic Construction Mitigation Measures to incorporate best management practices (BMPs) in order to reduce construction fugitive dust impacts to a less-than-significant level.

Therefore, additional project-specific mitigation is not required. As such, construction of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS.

Long-Term Operational Emissions. Long-term air pollutant emission impacts are those associated with mobile sources (e.g., vehicle trips), energy sources (e.g., natural gas), area sources (e.g., architectural coatings and the use of landscape maintenance equipment), and stationary sources (e.g., use of the fire pump) related to the proposed project.

PM10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Entrainment of PM10 occurs when vehicle tires pulverize small rocks and pavement, and the vehicle wakes generate airborne dust. The contribution of tire and brake wear is small compared to the other particulate matter emissions processes. Gasoline-powered engines have small rates of particulate matter emissions compared with diesel-powered vehicles.

Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings, consumer products, and the use of landscape maintenance equipment.

Stationary source emissions would be associated with use of the fire pump.

As described in the air quality memo prepared for the project by LSA Associates, the project would not exceed the significance criteria for daily or annual ROG, NOx, PM10, and PM2.5 emissions; therefore, operation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS.

The project would be subject to the City of Fremont Standard Development Requirements to Address Resource Protection (FMC 18.218). This code section includes measures to protect air quality.

FMC 18.218.050(a)
Construction-Related Emissions. The following construction measures, as periodically amended by BAAQMD, are required for all proposed development projects to reduce construction-related fugitive dust and exhaust emissions:
(A) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times daily. (B) All haul trucks transporting soil, sand, or other loose material off site shall be covered. (C) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. (D) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.

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(E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading, unless seeding or soil binders are used.
(F) Idling times shall be minimized either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes (as required by California airborne toxics control measure Title 13, Section 2485 of the California Code of Regulations). Clear signage shall be provided for construction workers at all access points. (G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. (H) A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number also shall be visible to ensure compliance with applicable regulations.

Therefore, the project would have a less than significant impact on the net increase of any criteria pollutant for which the region is non-attainment and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding net increase of any criteria pollutant for which the region is non-attainment. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
c) Expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors are defined as residential uses, schools, daycare centers, nursing homes, and medical centers. Individuals particularly vulnerable to diesel particulate matter are children, whose lung tissue is still developing, and the elderly, who may have serious health problems that can be aggravated by exposure to diesel particulate matter. Exposure from diesel exhaust associated with construction activity contributes to both cancer and chronic non-cancer health risks. Consistent with General Plan FEIR Mitigation Measure AIR-2 and General Plan Implementation Measures 7-7.3.A through 7-7.3.B, the following sections evaluate the potential for exposure to TACs on sensitive receptors from construction and operation of the proposed project.

Construction Health Risk to Nearby Sensitive Receptors. According to the BAAQMD, a project would result in a significant impact if it would: individually expose sensitive receptors to TACs resulting in an increased cancer risk greater than 10.0 in one million, an increased non-cancer risk of greater than 1.0 on the hazard index (chronic or acute), or an annual average ambient PM2.5 increase greater than 0.3 micrograms per cubic meter (μg/m3). A significant cumulative impact would occur if the project, in combination with other projects located within a 1,000-foot radius of the project site, would expose sensitive receptors to TACs resulting in an increased cancer risk greater than 100.0 in one million, an increased non-cancer risk of greater than 10.0 on the hazard index (chronic), or an ambient PM2.5 increase greater than 0.8 μg/m3 on an annual average basis.

Impacts from substantial pollutant concentrations are discussed below. The proposed project site is located in an urban area in close proximity to existing residential uses that could be exposed to diesel emission exhaust during the construction period. As such, to estimate the potential cancer risk from project construction equipment exhaust (including diesel particulate matter), a dispersion model was used to translate an emission rate from the source location to a concentration at the receptor location (i.e., a nearby residential land use). Dispersion modeling varies from a simpler, more conservative screening-level analysis to a more complex and refined detailed analysis. This refined assessment was conducted using

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CARB’s exposure methodology, with the air dispersion modeling performed using the USEPA dispersion model AERMOD. The model provides a detailed estimate of exhaust concentrations based on site and source geometry, source emissions strength, distance from the source to the receptor, and site specific meteorological data.

As shown in Table C of the LSA Air Quality Memo, the risk associated with project construction at the maximally exposed individual (MEI) would be 31.73 in one million, which would exceed the BAAQMD cancer risk of 10 in one million. The total chronic hazard index would be 0.023, which would be below the threshold of 1.0. The results of the analysis indicate that the PM2.5 concentration would be 0.12 μg/m3, which would not exceed the BAAQMD significance threshold of 0.30 μg/m3. Therefore, implementation of the supplemental construction measures identified in FMC Section 18.218.050(a) would be required, including:
• Achieving a project-wide fleet-average 45 percent PM reduction compared to the most recent CARB fleet average;
• Equipping all construction equipment with best availability control technology for emission reductions of PM; and
• Use of equipment that meets the CARB most recent certification standard for off-road heavy duty diesel engines shall be incorporated into construction specifications to reduce substantial pollutant concentrations during project construction.

Based on these requirements of FMC Section 18.218.050(a), the project was modeled assuming the use of construction equipment that meets the CARB Tier 2 emissions standards equipped with Level 3 diesel particulate filters or equivalent. Table D of the LSA Air Quality Memo identifies the results of the analysis with implementation of the supplemental construction measures identified in FMC Section 18.218.050(a).

As shown in Table D of the LSA Air Quality Memo, the mitigated cancer risk at the MEI would be 5.74 in one million, which would not exceed the BAAQMD cancer risk of 10 in one million. In addition, the PM2.5 concentration would be 0.02 μg/m3, which would also not exceed the BAAQMD significance threshold of

0.30 μg/m3. Therefore, with implementation of the supplemental construction measures identified in FMC Section 18.218.050(a), construction of the proposed project would not exceed BAAQMD thresholds and would not expose nearby sensitive receptors to substantial pollutant concentrations.

Once the project is constructed, the project would not be a source of substantial emissions. Therefore, nearby sensitive receptors are not expected to be exposed to substantial pollutant concentrations during project construction or operation.

Operational Health Risk to Future Residents. Implementation of the proposed project would allow new residential uses that would include sensitive receptors. LSA conducted a search of all stationary sources permitted by the BAAQMD within 1,000 feet of the project site. Using the BAAQMD Stationary Source Screening Analysis Tool, three stationary sources were identified within the project site vicinity.

As shown in Table E of the LSA Air Quality Memo, the highest risk would be 3.57 in one million, which is below the BAAQMD cancer risk threshold of 10 in one million. The highest hazard index would be 0.103, which is below the threshold of 1.0. The results of the analysis also indicate that the highest PM2.5 concentration would be less than 0.001, which would not exceed the BAAQMD significance threshold of

0.3 μg/m3.

The BAAQMD cumulative threshold of cancer risk greater than 100.0 in one million, an increased noncancer risk of greater than 10.0 on the hazard index (chronic), or an ambient PM2.5 increase greater than

0.8 μg/m3 on an annual average basis would also not be exceeded. Therefore, implementation of the project would not expose future residents to substantial pollutant concentrations associated with nearby stationary sources.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding exposure of sensitive populations to substantial pollutant concentrations. The proposed project would result in no new significant effects, on-site, off-site

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or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
During construction, the various diesel-powered vehicles and equipment in use on site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site. Additionally, the proposed uses that would be developed within the project site are not expected to produce any offensive odors that would result in frequent odor complaints.

Therefore, the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding other emissions adversely affecting a substantial number of people. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less Than significant
Mitigation: None required
References

1. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning.

Available online at www.fremont.gov/fmc.

2. City of Fremont Waste Handling Guidelines. Available online at www.fremont.gov/whg.

3. City of Fremont, 2011. City of Fremont General Plan. Housing Element. Adopted December 2011. Available online at https://www.fremont.gov/government/departments/communitydevelopment/planning-building-permit-services/plans-maps-guidelines/general-plan

4. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at http://egis.fremont.gov/apps/public/.

5. Kimley Horn. 2022. Local Transportation Analysis Fremont Kimco Hub Mixed-Use. April.

6. LSA Air Quality and Greenhouse Gas Memo, October 31, 2023, prepared for the City of Fremont by LSA Associates.

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1.4 BIOLOGICAL RESOURCES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species identified
as a candidate, sensitive, or specialstatus species in local or regional plans, policies, or regulations, or by the
California Department of Fish and
Wildlife or the U.S. Fish and Wildlife
Service?
LTS ◼ ☐ LTs LTS
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, or regulations
or by the California Department of Fish
and Wildlife or the U.S. Fish and Wildlife
Service?
LTS ◼ ☐ - LTS
c) Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
LTS ◼ - LTS
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
LTS ◼ SDR Biology-2,
Nesting Birds and
Biology-3: Roosting
Bats
LTS with
SDR
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
LTS ◼ ☐ FMC 18.215:Tree
Preservation
LTS with
regulations
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
LTS ◼ ☐ - No Impact

1.4.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont

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Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

Regulatory Setting:

Endangered Species. Both federal and state legislation provide a framework for protecting and facilitating the recovery of threatened and endangered populations of listed animal species.

1. The federal government regulates threatened animal species through the Endangered Species Act, which lists identified species and prohibits a “take” of any such species. The Federal Migratory Bird Treaty Act makes it unlawful to take (kill, harm, harass, etc.) any migratory listed bird.

2. The California Endangered Species Act establishes that it is the state’s policy to conserve, protect, and enhance endangered species and their habitats, and Cal. Fish & Game Code §§ 3503, 3503.5, and 3800 prohibit the “take, possession, or destruction of birds, their nests or eggs.” Disturbance that causes nest abandonment and/or loss of reproductive effort (killing or abandonment of eggs or young) is considered a take.

3. The general plan identifies potentially occurring special‐status species in the City of Fremont.

Nesting or roosting burrowing owls (commonly found on vacant or agricultural habitat with burrows of California ground squirrels) are a listed species, as are other birds with propensity to nest in local trees, and also various bat species that may be found in existing or abandoned structures on property slated for development.

4. The general plan also includes policies and implementation measures for the protection of rare, threatened, endangered and candidate species and their habitats consistent with state and federal law. However, the general plan program EIR does not contain specific project level mitigation measures to address the occurrence of burrowing owls on vacant sites, nesting or special‐status bird species, or nesting or special‐status bat species that could occur in Fremont.

1.4.2 Discussion
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
The City has adopted FMC 18.218.050 Standard Development Requirements to create universal development standards for resource conservation. Subsection (b) of FMC 18.218.050 contains specific rules to protect special status species including burrowing owls, nesting birds, and roosting bats.

FMC 18.218.050(b) Biology, Special-Status Species.
(1) Burrowing Owl. New development projects with the potential to impact burrowing owl habitat through grading, demolition, and/or new construction shall implement the following measures prior to grading or ground disturbing activities:
(A) Preconstruction Surveys. Preconstruction surveys for burrowing owls shall be conducted prior to the initiation of all project activities within potential burrowing owl nesting and roosting habitat (i.e., agricultural habitat with burrows of California ground squirrels) to determine if suitable burrowing owl habitat is present. Surveys shall be conducted by a qualified biologist in conformance with the most recent requirements and guidelines of the California Department of Fish and Wildlife (CDFW). The

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biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.
(B) Implement Buffer Zones. Areas currently occupied by burrowing owls shall be avoided for the duration of residing on site and/or the nesting period (February 1st through August 31st). The biologist will recommend a suitable buffer zone distance for avoidance of nesting or roosting habitat. (C) Passive Relocation. If burrowing owls cannot be avoided by the proposed project, then additional measures, such as passive relocation during the nonbreeding season, may be utilized to reduce any potential impacts. Measures for successful relocation shall be recommended by a qualified biologist in conformance with CDFW requirements and guidelines. (D) Initiation of Construction Activities. When a qualified biologist is able to determine that burrowing owls are no longer occupying the site and passive relocation is deemed successful, construction activities may continue. The applicant shall submit the determination of the biologist to the planning manager for authorization to continue.
(2) Nesting Birds. New development projects with the potential to impact nesting birds through tree or shrub removal shall implement the following measures prior to removal of any trees/shrubs, grading, or ground disturbing activities:
(A) Avoidance. Proposed projects shall avoid construction activities during the bird nesting season (February 1st through August 31st).
(B) Preconstruction Surveys. If construction activities are scheduled during the nesting season, a qualified biologist shall conduct a preconstruction survey to identify any potential nesting activity. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.
(C) Protective Buffer Zone(s). If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests. The size of the buffer zone shall be recommended by the biologist in consultation with the CDFW depending on the species of nesting bird and level of potential disturbance.
(D) Initiation of Construction Activities. The buffer zones shall remain in place until the young have fledged and are foraging independently. A qualified biologist shall monitor the nests closely until it is determined the nests are no longer active, at which time construction activities may commence within the buffer area.
(3) Roosting Bats. New development with potential to impact special-status or roosting bat species through demolition of existing structures or removal of trees on site shall conduct the following measures prior to demolition:
(A) Preconstruction Surveys. A qualified biologist shall conduct a preconstruction survey during seasonal periods of bat activity (mid-February through mid-October) to determine suitability of structure(s) or trees as bat roost habitat.
(B) Protective Buffer Zone(s). If active bat roosts are found on site, a suitable buffer from construction shall be established per the biologist. The biologist shall determine the species of bats present and the type of roost.
(C) Mitigation and Exclusion. If the bats are identified as common species, and the roost is not being used as a maternity roost or hibernation site, the bats may be evicted using methods developed by a qualified biologist. If special-status bat species are found present, or if the roost is determined to be a maternity roost or hibernation site for any species, then the qualified biologist shall develop a bat

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mitigation and exclusion plan to compensate for lost roost. The site shall not be disturbed until CDFW approves the mitigation plan.

Potential Impact: Less than significant
Mitigation: None required
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? The project site is located within a built-up urban area. There are no nearby identified riparian habitat or other sensitive natural communities identified in local or regional plans, polices, or regulations. The California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service have also not identified any riparian or other sensitive habitat in the vicinity of the proposed project. The proposed project would drain into existing flood control channels, after treating stormwater runoff onsite, which are not natural watercourses which eventually flow to the San Francisco Bay. Therefore, the proposed project would have a less than significant impact on riparian or other sensitive community and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding riparian or other sensitive natural community. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR
Potential Impact: Less than significant
Mitigation: None required
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
The project site is currently developed with a commercial shopping center and does not contain any protected wetlands. The proposed project would develop the site within the boundaries of the existing shopping center and would not involve any undeveloped or natural land. The project would be subject to approval of stormwater treatment measures by the City of Fremont Environmental Services Division. The proposed project would treat stormwater on site and drain excess stormwater runoff into storm drains that, in turn, drain into existing flood control channels which eventually flow into the San Francisco Bay.

The proposed project would be subject to City of Fremont Standard Development Requirements to Address Resource Protection (FMC 18.218) including the requirement to submit for review a construction management plan to control erosion, sedimentation, and stormwater pollution. Therefore, the project would have a less than significant impact on state or federally protected wetlands and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding state or federally protected wetlands. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The proposed project site is located on an existing commercial shopping center. The project site is within an urban area and there are no native fish or wildlife species in the immediate vicinity. There are no migratory wildlife corridors or native wildlife nursery sites nearby. Existing wildlife that currently move

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through the site are urban‐adapted species that would likely continue to move through the site after project development. Typical urban wildlife that may move through the site include various native 4and non‐native birds, raccoon (Procyon lotor), and small rodents, such as house mouse (Mus musculus) and Botta’s pocket gopher. The project site does not support any suitable habitat for wildlife nursery sites, including bird rookeries or roosting bat colonies. The project will implement the Standard Development Requirements (FMC 18.218), which would ensure that impacts to native or migratory fish or wildlife species, wildlife corridors, and native wildlife nursery sites would be avoided. Therefore, the proposed project would have a less than significant impact and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding the movement of fish or wildlife species or migratory wildlife corridors, or impeding the use of native wildlife nursery sites. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR Potential Impact: Less than significant
Mitigation: None required
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Chapter 18.218 Standard Development Requirements to Address Resource Protection of the City Municipal Code addresses special‐status species that could occur at the project site. Chapter 18.218.050 Standard Development Requirements: Biology, Special‐Status Species of the City Municipal Code also includes measures that require preconstruction surveys for nesting birds, burrowing owls, and roosting bats. As discussed in the Bio Report, the project would be required to be in compliance with the City of Fremont General Plan as well as the applicable sections related to resource conservation contained within the Fremont Municipal Code. These pre-construction surveys are required for the proposed project and would ensure potential impacts to special status plant and animal species would be less than significant and no mitigation is required.

Chapter 18.215 Tree Preservation of the City of Fremont’s Municipal Code requires a tree removal permit for removing, damaging, or relocating the following trees on private property:

1. A tree having a diameter at breast height (DBH) of 6 inches or more and located on a vacant or underdeveloped lot;

2. A tree having a DBH of 6 inches or more and located on a developed lot, which is the subject of a contemplated or pending application for a development project;

3. A native tree or tree of exceptional adaptability to the Fremont area having a DBH of 10 inches or more;

4. A tree having a DBH of 18 inches or more;

5. A tree that was required by the City to be planted or retained as mitigation for the removal of a tree;

6. A tree planted or retained as a condition of any City‐conferred development project approval, including approvals conferred prior to adoption of this chapter; or

7. One of six or more trees of the same species that are located on the same lot and that each have 6 or more inches in DBH.

Potential Impact: Less than significant
Mitigation: None required
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project site is not located within the limits of a conservation plan and therefore would not conflict with any adopted habitat conservation plan, natural community conservation plan, or other approved local,

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regional, or State habitat conservation plan. Therefore the project has no potential impact resulting from a conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan and no mitigation is required.

Potential Impact:

Mitigation:

References

1. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at https://www.codepublishing.com/CA/Fremont/.

2. City of Fremont, 2011. City of Fremont General Plan. Community Character Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/community-development/planningbuilding-permit-services/plans-maps-guidelines/general-plan

3. Vegetation Classification Reports and Maps, California Department of Fish and Wildlife, Accessed November 20, 2023. https://wildlife.ca.gov/Data/VegCAMP/Reports-and-Maps

4. Project Plans. Prepared for the City of Fremont.

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1.5 CULTURAL RESOURCES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Cause a substantial adverse change
in the significance of a historical
resource pursuant to Section 15064.5?
SU, even with
MM Cutural-1
◼ ☐ - LTS
b) Cause a substantial adverse change
in the significance of an archaeological
resource pursuant to Section 15064.5?
LTS with MM
Cultural-2
◼ ☐ SDR Cultural
Resources 2:

Accidental Discovery
of Cultural Resources
LTS with
SDR
c) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
LTS with MM
Cultural-3
◼ - -
d) Disturb any human remains,
including those interred outside of
dedicated cemeteries?
LTS with MM
Cultura-4
◼ SDR Cultural
Resources 2:

Accidental Discovery
of Cultural Resources
LTS with
SDR

1.5.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

1.5.2 Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
City staff performed a historic analysis of the existing building and determined that it lacks historic significance, and was therefore not eligible for the historic register. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
The City has adopted “Standard Development Requirements” under the Fremont Municipal Code Section

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the potential for exposing buried historical and cultural resources during earth moving operations and the requirement that the applicant retain a professional archeologist for a pre-construction briefing on what to do if any resources are accidentally discovered. Per Fremont Municipal Code Section 18.218.050, if any potential cultural or historical resources are accidentally uncovered during earth moving operations, all work is required to cease at the project site and the City’s Planning Manager is to be immediately notified.

The resources would then be evaluated by a qualified archeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager. The City has adopted FMC 18.218.050 Standard Development Requirements to create universal development standards for resource conservation.

Subsection (c) of FMC 18.218.050 contains specific rules to protect cultural resources.

FMC 18.218.050 (c) Cultural Resources.
(1) Notification, Affiliated California Native American Tribes. Prior to preparation of an environmental assessment and within 14 days of determining that an application for a project is complete, the city shall provide formal notification to the designated contact or a tribal representative of traditionally and culturally affiliated California Native American tribes that have requested to receive such notice from the city. The written notification shall include a brief description of the proposed project and its location, project contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to AB 52.
(2) Accidental Discovery of Cultural Resources. The following requirements shall be met to address the potential for accidental discovery of cultural resources during ground disturbing excavation:
(A) The project proponent shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. (B) The project proponent shall retain a professional archaeologist to provide a preconstruction briefing to supervisory personnel of any excavation contractor to alert them to the possibility of exposing buried cultural resources, including significant prehistoric archaeological resources. The briefing shall discuss any cultural resources, including archaeological objects, that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the project proponent and archaeological team. (C) In the event that any human remains or historical, archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)(2)(D) of this section, requiring cessation of work, notification, and immediate evaluation shall be followed.
(D) If resources are discovered during ground disturbing activities that may be classified as historical, unique archaeological, or tribal cultural resources, ground disturbing activities shall cease immediately, and the planning manager shall be notified. The resources will be evaluated by a qualified archaeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager.
(E) As used herein, “historical resource” means a historical resource as defined by CEQA Guidelines Section 15064.5(a); “unique archaeological resource” means unique archaeological resource as defined by Cal. Pub. Res. Code § 21083.2(g); and “tribal cultural resource” means tribal

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cultural resource as defined by Cal. Pub. Res. Code § 21074. Collectively, these terms describe “significant cultural materials.”
The project would be required to abide by these standard development requirements to protect any potential cultural resources within the project site inadvertently discovered during the course of development. Therefore, the project would have a less than significant impact on historic resources and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
The proposed project is not found on any maps of known archeological resources in the City of Fremont records. The City has adopted “Standard Development Requirements” under the Fremont Municipal Code Section 18.218.050, which include provisions for the protection of historical and cultural resources if they are accidentally discovered during the course of project work. These protections include noting on the plans the potential for exposing buried historical and cultural resources during earth moving operations and the requirement that the applicant retain a professional archeologist for a pre-construction briefing on what to do if any resources or human remains are accidentally discovered. Per Fremont Municipal Code Section 18.218.050, if any human remains are accidentally uncovered during earth moving operations, all work is required to cease at the project site and the City’s Planning Manager is to be immediately notified in accordance with CEQA Guidelines Sections 15064.5(e) and (f). The resources would then be evaluated by a qualified archeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager. Therefore, the project would have a less than significant impact on the significance of an archaeological resource and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding adverse changes to the significance of an archaeological resource. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
c) Disturb any human remains, including those interred outside of formal cemeteries? The City has adopted “Standard Development Requirements” under the Fremont Municipal Code Section

18.218.050, which include provisions for the protection of historical and cultural resources if they are accidentally discovered during the course of project work. These protections include noting on the plans the potential for exposing buried historical and cultural resources during earth moving operations and the requirement that the applicant retain a professional archeologist for a pre-construction briefing on what to do if any resources or human remains are accidentally discovered. Per Fremont Municipal Code Section

18.218.050, if any human remains are accidentally uncovered during earth moving operations, all work is required to cease at the project site and the City’s Planning Manager is to be immediately notified in accordance with CEQA Guidelines Sections 15064.5(e) and (f). The resources would then be evaluated by a qualified archeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager.

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Therefore, the project would have a less than significant impact on human remains and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required.

References

1. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at https://www.codepublishing.com/CA/Fremont/.

2. City of Fremont, 2011. City of Fremont General Plan. Community Character Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/community-development/planningbuilding-permit-services/plans-maps-guidelines/general-plan

3. City of Fremont Historic Resource Preliminary Review for 4020 Fremont Hub, Fremont CA 94538, March 1, 2018

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1.6 ENERGY
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
N/A ◼ ☐ Green Building Code
(Title 24)
LTS with
regulations
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
N/A ◼ ☐ - LTS
The General Plan Update EIR did not include an Energy analysis.

1.6.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

The project site is within the service territory of Pacific Gas & Electric Company (PG&E). According to the California Energy Commission (CEC), total electricity consumption in the PG&E service area in 2021 was 78,588 gigawatt-hours (GWh) or 78,587,869,096 kilowatt-hours (kWh).2 Of this total, Alameda County consumed 10,237 GWh or 10,237,401,835 kWh. PG&E is the natural gas service provider for the project site. According to the CEC, total natural gas consumption in the PG&E service area in 2021 was 4,467 million therms (4,467,074,766 therms). Of this total, Alameda County consumed 377 million therms or 377,052,605 therms. The average fuel economy for light‐duty vehicles (autos, pickups, vans, and SUVs) in the United States has steadily increased from about 14.9 miles per gallon (mpg) in 1980 to 22.9 mpg in 2020.6 The average fuel economy for heavy-duty trucks in the United States has also steadily increased, from 5.7 mpg in 2013 to a projected 8.0 mpg in 2021.7 Based on fuel consumption obtained from the California Air Resources Board’s (CARB) California Emissions Factor Model, Version 2021 (EMFAC2021), approximately 553.9 million gallons of gasoline and approximately 155.9 million gallons of diesel will be consumed from vehicle trips in Alameda County in 2023.

Regulatory Framework:

Federal and State agencies regulate energy use and consumption through various means and programs.

On the federal level, the U.S. Department of Transportation (USDOT), the U.S. Department of Energy, and the U.S. Environmental Protection Agency (USEPA) are three federal agencies with substantial influence over energy policies and programs. Generally, federal agencies influence and regulate transportation energy consumption through establishment and enforcement of fuel economy standards for

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automobiles and light trucks, through funding of energy-related research and development projects, and through funding for transportation infrastructure improvements. On the State level, the California Public Utilities Commission (CPUC) and the CEC are two agencies with authority over different aspects of energy.

The CPUC regulates privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies and serves the public interest by protecting consumers and ensuring the provision of safe, reliable utility service and infrastructure at reasonable rates, with a commitment to environmental enhancement and a healthy California economy.

The CEC is the State's primary energy policy and planning agency. The CEC forecasts future energy needs, promotes energy efficiency, supports energy research, develops renewable energy resources, and plans for/directs state response to energy emergencies. The applicable federal, State, regional, and local regulatory framework is discussed in the Air Quality and Greenhouse Gas memo prepared for the City of Fremont by LSA Associates.

1.6.2 Discussion
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
The proposed project would be subject to the Green Building Code (Title 24) and as such, would be required to meet minimum energy efficiency standards, thereby reducing overall energy use during the life of the project. City Standard Development Requirements to Address Resource Protection (Chapter

18.218 of the Fremont Municipal Code) include a provision to limit idling of construction equipment during the construction phase. The Fremont Zoning Ordinance contains provisions to limit the intensity of outdoor lighting for this type of development, thereby helping to reduce energy consumption. The Fremont General Plan Conservation Element (Chapter 7 of the Fremont General Plan) contains policies to support energy efficiency through building/site design. These policies include measures such as public information on energy efficiency, support of PG&E energy efficiency programs, and regional cooperation on energy efficiency. The City’s Landscape Development Review Policies implement the State’s Water Efficiency Landscape Ordinance (WELO) which requires the project to reduce landscape water consumption through design. Because of the required measures the project would have to take as part of the design and operation of the project, the proposed project would have a less than significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Therefore no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency In 2002, the Legislature passed SB 1389, which required the CEC to develop an integrated energy plan every 2 years for electricity, natural gas, and transportation fuels for the Integrated Energy Policy Report.

The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for ZEVs and their infrastructure needs, and encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access.

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The CEC’s 2023 Integrated Energy Policy Report provides the results of the CEC’s assessments of a variety of energy issues facing California. As indicated above, energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the overall use in Alameda County. In addition, energy usage associated with operation of the proposed project would be relatively small in comparison to the overall use in Alameda County, and the State’s available energy resources. Therefore, energy impacts at the regional level would be negligible. Because California’s energy conservation planning actions are conducted at a regional level, and because the proposed project’s total impact on regional energy supplies would be minor, the proposed project would not conflict with or obstruct California’s energy conservation plans as described in the CEC’s Integrated Energy Policy Report. Additionally, as demonstrated above, the proposed project would not result in the inefficient, wasteful, and unnecessary consumption of energy.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding conflicts with state or local plans for renewable energy or energy efficiency. The proposed project would result in no new significant effects, on-site, offsite or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Conservation Element. Adopted December 2011.

Available: https://fremont.gov/generalplan.

2. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 15, Buildings and Construction. Available online at www.fremont.gov/fmc.

3. LSA Air Quality and Greenhouse Gas Memo, October 31, 2023, prepared for the City of Fremont by LSA Associates.

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1.7 GEOLOGY AND SOILS
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? (Refer to
California Geological Survey Special
Publication 42.)?
LTS ◼ ☐ - No Impact
ii) Strong seismic ground shaking? LTS ◼ ☐ SDR Geology LTS with SDR
iii) Seismic-related ground failure,
including liquefaction?
LTS ◼ ☐ SDR Geology LTS with
SDR
iv) Landslides? LTS ◼ ☐ - No Impact
b) Result in substantial soil erosion or
the loss of topsoil?
LTS ◼ ☐ SDR Geology LTS with
SDR
c) Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
LTS ◼ ☐ SDR Geology LTS with
SDR
d) Be located on expansive soil, as
defined in Table 18-1-B of the Uniform
Building Code (1994, as updated),
creating substantial direct or indirect
risks to life or property?
LTS ◼ ☐ SDR Geology LTS with
SDR
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
LTS ◼ ☐ - No Impact
Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
LTS with MM
Cultural-3
SDR Cultural-2 LTS with
SDR

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1.7.1 Environmental Setting
The project site is a 5.86-acre portion of the Fremont Hub Shopping Center adjacent to Fremont Boulevard and Mowry Avenue. The applicant is proposing the construction of a new ±13,000-square-foot freestanding retail-pharmacy building with a drive-through lane, and a mid-rise six-story mixed-use building with 314 apartments and 14,157 square feet of retail space at the northern corner of the Fremont Hub Shopping Center. The site is currently improved with an existing multi-tenant commercial building and parking lot. The commercial spaces is currently occupied by service and retail uses.

The Hayward Fault is located approximately 4,700 feet to the southeast of the project site. The project site is not located in an earthquake induced landslide zone. As with any land in the San Francisco Bay Area, the project site could be subject to strong shaking during a major seismic event along one of the faults located in Northern California.

1.7.2 Discussion
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.)
There are no known earthquake faults traveling through the project site. The nearest known earthquake fault is located approximately 4,700 feet from the edge of the project site. Therefore, the project potential substantial adverse effects from the rupture of a known earthquake fault would be less than significant, and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding rupture of a known earthquake fault. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.
ii) Strong seismic ground shaking?
As with many sites in the San Francisco Bay Area, the project site has the potential for moderate to severe seismic ground shaking. The proposed building would be designed to withstand this level of seismic shaking and would be reviewed and inspected by the City’s Building Division for conformance with the applicable building codes. Therefore, the potential for substantial adverse effects would be less than significant and, as such, no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding strong seismic ground shaking. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.
iii) Seismic-related ground failure, including liquefaction? The proposed project is located in an earthquake induced liquefaction zone according to the City of Fremont’s maps. The proposed project would be subject to the California Building Code and would be required to submit a geotechnical report through the building permit process. The geotechnical report will need to provide analysis and recommendations related to soil conditions and foundation design. The City peer reviews all geotechnical reports submitted and the City’s Engineering division reviews all grading plans. A building permit will not be issued until the project foundation conforms to the recommendations in the soils report. Therefore, the project

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would have a less than significant impact related to soil instability or landslide, lateral spreading, subsidence, liquefaction, or collapse.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding seismic related ground failure, including liquefaction. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR iv) Landslides?
The project site is not located in an area prone to landslides according to the City of Fremont’s maps. The site is nearly flat and not near any slopes or hillsides. Therefore, the potential for landslides is less than significant and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding landslides. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
b) Result in substantial soil erosion or the loss of topsoil? Construction of the project would involve grading of the site. Grading has the potential to cause erosion and loss of topsoil. An erosion control plan would be required with plans submitted for grading and/or building permits to ensure that the project would not result in substantial soil erosion during grading and construction activities. Because disturbance to the site would be greater than one acre, it would require coverage under the Statewide National Pollutant Discharge Elimination System (NPDES) General Construction Activities Stormwater Permit.

To obtain coverage under the General Permit, submission of a Storm Water Pollution Prevention Plan (SWPPP) would be required, which outlines Best Management Practices (BMPs) required to reduce the potential construction impacts related to erosion and topsoil loss to less than significant. BMPs to minimize erosion and topsoil would include, but would not be limited to, physical barriers to prevent erosion and sedimentation, construction of sedimentation basins, limitations on work periods during storm events, use of infiltration swales, protection of stockpiled materials, and a variety of other measures that would substantially reduce or prevent erosion from occurring during construction. The C3 Technical Guidance Manual, provided through the Alameda Countywide Clean Water Program, of which the City of Fremont is a member (Clean Water Program, 2015) provides further details of specific BMPs, including measures for site design, source control, stormwater treatment, and hydromodification. With adherence to the state, county and local requirements described above, impacts to life or property associated with soil erosion would be less than significant and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding substantial soil erosion or loss of topsoil. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
The project is located in a liquefaction zone. The proposed project would be subject to the California Building Code and would be required to submit a geotechnical report through the building permit process.

The geotechnical report will need to provide analysis and recommendations related to soil conditions and

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foundation design. The City peer reviews all geotechnical reports submitted and the City’s Engineering division reviews all grading plans. A building permit will not be issued until the project foundation conforms to the recommendations in the soils report. Therefore, the project would have a less than significant impact related to soil instability or landslide, lateral spreading, subsidence, liquefaction, or collapse.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding soil instability or landslide, lateral spreading, subsidence, liquefaction, or collapse. The proposed project would result in no new significant effects, onsite, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? The proposed project would be subject to the California Building Code and would be required to submit a geotechnical report through the building permit process. The geotechnical report will need to provide analysis and recommendations related to soil conditions and foundation design. The City peer reviews all geotechnical reports submitted and the City’s Engineering division reviews all grading plans. A building permit will not be issued until the project foundation conforms to the recommendations in the soils report.

Therefore, the project would have a less than significant impact related to soil instability or landslide, lateral spreading, subsidence, liquefaction, or collapse.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding expansive soil creating substantial direct or indirect risks to life or property. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The project would be served by the local sanitary sewer system operated by Union Sanitary District. No on-site septic system would be required nor is one proposed for this project. Therefore, there would be no impact and no mitigation would be required. There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding soils capable of supporting septic tanks or alternative wastewater disposal systems.

Potential Impact: None
Mitigation: None required
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The City has adopted “Standard Development Requirements” under the Fremont Municipal Code Section

18.218.050, which include provisions for the protection of historical and cultural resources if they are accidentally discovered during the course of project work. These protections include noting on the plans the potential for exposing buried historical and cultural resources during earth moving operations and the requirement that the applicant retain a professional archeologist for a pre-construction briefing on what to do if any resources are accidentally discovered. Per Fremont Municipal Code Section 18.218.050, if any potential cultural or historical resources are accidentally uncovered during earth moving operations, all

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work is required to cease at the project site and the City’s Planning Manager is to be immediately notified.

The resources would then be evaluated by a qualified archeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager. Because the project would be required to conform to standard development requirements contained within FMC Section 18.218.050 and because there are no identified paleontological resources or unique geologic features at the project site, there would be no significant impact to paleontological resources or unique geologic features and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding adverse changes to the significance of a unique paleontological resource or site or unique geologic feature. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None
References

1. City of Fremont, 2011. City of Fremont General Plan. Community Character Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/community-development/planningbuilding-permit-services/plans-maps-guidelines/general-plan.

2. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at https://www.codepublishing.com/CA/Fremont/

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at http://egis.fremont.gov/apps/public/.

4. Project Plans. Prepared for the City of Fremont.

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1.8 GREENHOUSE GAS EMISSIONS
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
SU ◼ ☐ - LTS
b) Conflict with an applicable plan,
policy or regulation adopted for reducing
emissions of greenhouse gas?
LTS ◼ ☐ - LTS

1.8.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

Greenhouse gases (GHGs) are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The gases that are widely seen as the principal contributors to human-induced global climate change are:
• Carbon dioxide (CO2);
• Methane (CH4);
• Nitrous oxide (N2O);
• Hydrofluorocarbons (HFCs);
• Perfluorocarbons (PFCs); and
• Sulfur hexafluoride (SF6).

GHG emissions associated with the project would occur over the short-term from construction activities, consisting primarily of emissions from equipment exhaust. There would also be long-term GHG emissions associated with project-related area sources, energy consumption, water conveyance and treatment, and waste generation.

Regulatory Framework:

Federal Regulations
While there currently are no adopted federal regulations for the control or reduction of GHG emissions, the USEPA commenced several actions in 2009 to implement a regulatory approach to global climate change, including the 2009 USEPA final rule for mandatory reporting of GHGs from large GHG emission sources in the United States. Additionally, the USEPA Administrator signed an endangerment finding

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action in 2009 under the CAA, finding that seven GHGs (CO2, CH4, N2O, HFCs, NF3, PFCs, and SF6) constitute a threat to public health and welfare, and that the combined emissions from motor vehicles cause and contribute to global climate change, leading to national GHG emission standards.

State Regulations
The CARB is the lead agency for implementing climate change regulations in the State. Since its formation, the CARB has worked with the public, the business sector, and local governments to find solutions to California’s air pollution problems.

Regional Regulations
The BAAQMD is the regional government agency that regulates sources of air pollution within the nine Bay Area counties.

BAAQMD CEQA Guidelines. The BAAQMD’s CEQA Guidelines identify applicable GHG significance thresholds. The BAAQMD recommends these thresholds of significance for use in determining whether a proposed project will have a significant impact related to climate change. These thresholds evaluate a project based on its effect on California’s efforts to meet the State’s long-term climate goals. Applying this approach, the BAAQMD identifies and provides supporting documentation outlining the requirements that new land use development projects must comply with to achieve California’s long-term climate goal of carbon neutrality by 2045. Based on this research, the BAAQMD has determined that new land use development projects need to incorporate design elements to contribute the “fair share” towards implementation of the goal of carbon neutrality by 2045. If a project is designed and built to incorporate the identified design elements, then it will contribute its portion of what is necessary to achieve California’s long-term climate goals—its “fair share”—and an agency reviewing the project under CEQA can conclude that the project will not make a cumulatively considerable contribution to global climate change.

Local Regulations
The Conservation Element of the City of Fremont General Plan15 includes GHG policies and implementation measures intended to reduce GHG emissions 25 percent from 2005 levels by 2020. The following policy is applicable to the project:
• Policy 7-8.2: Development Trends. Review development trends for consistency with targets of AB 32: Global Warming Solutions Act of 2006.

The City passed its first Climate Action Plan (CAP) in 2012 with the goal of reducing municipal and community-wide GHG emissions 25 percent by 2020 from a 2005 baseline level. Some implementation successes include improving bike and pedestrian infrastructure, upgrading City streetlights with highefficiency light emitting diode (LED) lighting, requiring all businesses to recycle, and establishing mandatory solar requirements for new residential construction. In addition, the City recently updated its CAP. The City’s new carbon neutrality goal forms the basis of the CAP update, or “CAP 2.0.” Within CAP

2.0, efforts to lower GHG emissions resulting from activity in the energy, water, waste, and transportation sectors will be paired with efforts to sequester CO2 and other GHGs from the atmosphere, so that by the year 2045, no new net GHGs will be emitted. In addition, the City will explore efforts to enhance the community’s resiliency to future climatic changes as well as to adapt to changes that are already underway.

1.8.2 Discussion
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
The proposed project would generate construction- and operational-related GHG emissions and contribution to global climate change. The BAAQMD has not addressed emissions thresholds for construction in their CEQA Guidelines; however, the BAAQMD encourages quantification and disclosure.

Thus, construction emissions are discussed in this section.

Construction GHG Emissions. Construction activities associated with the proposed project would produce combustion emissions from various sources. During construction, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles,

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each of which typically use fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs such as CO2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment.

Exhaust emissions from on-site construction activities would vary daily as construction activity levels change.

The BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions. However, lead agencies are encouraged to quantify and disclose GHG emissions that would occur during construction. Using CalEEMod, it is estimated that construction of the proposed project would generate approximately 1,431.2 metric tons (MT) of CO2e.

Operational GHG Emissions. Long-term GHG emissions associated with the proposed project would typically be generated from mobile sources (e.g., vehicle trips), area sources (e.g., maintenance activities and landscaping), indirect emissions from sources associated with energy consumption, waste sources (land filling and waste disposal), and water sources (water supply and conveyance, treatment, and distribution). Mobile-source GHG emissions would include project-generated vehicle trips to and from the project. Area-source emissions would be associated with activities such as landscaping and maintenance on the project site. Energy source emissions would be generated at off-site utility providers as a result of increased electricity demand generated by the project. Waste source emissions generated by the proposed project include energy generated by land filling and other methods of disposal related to transporting and managing project generated waste. In addition, water source emissions associated with the proposed project are generated by water supply and conveyance, water treatment, water distribution, and wastewater treatment.

As discussed above, the General Plan FEIR found that implementation of the General Plan would result in per capita emissions of 5.5 MT CO2e per service population. Consistent with the General Plan FEIR, GHG emissions were estimated using CalEEMod. Table G shows the calculated GHG emissions for the proposed project.

As shown in Table G of the Greenhouse Gas Memo prepared for the project by LSA Associates, the proposed project would generate approximately 2,538.6 MT CO2e. The proposed project would include 314 apartment units, a retail-pharmacy building, and retail commercial space. Based on the City’s average household size of 3.08 persons per household per the most recent census, the proposed project would increase the local population by approximately 967 persons. In addition, this analysis assumes there would be 21 employees. Therefore, the total service population (residents plus employees) would be 988 people. As such, the project’s GHG emissions would result in a GHG efficiency of 2.6 MT CO2e per service population, which would be below the per capita emissions of 5.5 MT CO2e per service population identified in the General Plan FEIR.

Therefore, the proposed project would still contribute to the significant and unavoidable impacts identified in the General Plan FEIR but would not result in any operational GHG impacts that are new or more significant than those analyzed in the General Plan FEIR.

Potential Impact: Less than significant
Mitigation: None required
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The City has recently adopted a new Climate Action Plan (CAP). The City’s new carbon neutrality goal forms the basis of the CAP update, or “CAP 2.0.” Within CAP 2.0, efforts to lower GHG emissions resulting from activity in the energy, water, waste, and transportation sectors will be paired with efforts to sequester CO2 and other GHGs from the atmosphere, so that by the year 2045, no new net greenhouse gases will be emitted. In addition, the City will explore efforts to enhance the community’s resiliency to future climatic changes as well as to adapt to changes that are already underway. Through consistency with the 2022 Scoping Plan, as demonstrated below, the proposed project would not conflict with the goals of the City’s 2012 CAP or the future CAP that is under development. Absent any other local or regional Climate Action Plan, the proposed project was analyzed for consistency with the goals of the 2022 Scoping Plan, EO B-30-15, SB 32, and AB 197.

In addition, the CARB 2022 Scoping Plan assesses progress toward the statutory 2030 target, while laying out a path to achieving carbon neutrality no later than 2045. The 2022 Scoping Plan focuses on outcomes needed to achieve carbon neutrality by assessing paths for clean technology, energy

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deployment, natural and working lands, and others, and is designed to meet the State’s long-term climate objectives and support a range of economic, environmental, energy security, environmental justice, and public health priorities.

The 2022 Scoping Plan focuses on building clean energy production and distribution infrastructure for a carbon-neutral future, including transitioning existing energy production and transmission infrastructure to produce zero-carbon electricity and hydrogen, and utilizing biogas resulting from wildfire management or landfill and dairy operations, among other substitutes. The 2022 Scoping Plan states that in almost all sectors, electrification will play an important role. The 2022 Scoping Plan evaluates clean energy and technology options and the transition away from fossil fuels, including adding four times the solar and wind capacity by 2045 and about 1,700 times the amount of current hydrogen supply. As discussed in the 2022 Scoping Plan, EO N-79-20 requires that all new passenger vehicles sold in California will be zeroemission by 2035, and all other fleets will have transitioned to zero-emission as fully possible by 2045, which will reduce the percentage of fossil fuel combustion vehicles.

The proposed project would not conflict or otherwise interfere with the statewide GHG reduction measures identified in CARB’s Scoping Plan. For example, proposed buildings would be constructed in conformance with CALGreen and the Title 24 Building Code, which requires high-efficiency water fixtures and water-efficient irrigation systems. The project would also be subject to local policies that may affect emissions of greenhouse gases. Therefore, the proposed project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases and no Potential Impact: None.

Mitigation: None required.

References

1. City of Fremont, 2011. City of Fremont General Plan. Adopted December 2011. Available:
https://www.fremont.gov/government/departments/community-development/planning-building-permitservices/plans-maps-guidelines/general-plan.

2. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at https://www.codepublishing.com/CA/Fremont/.

3. City of Fremont Climate Action Plan Update 2023. Available online at https://www.fremont.gov/about/sustainability/climate-action-plan-update.

4. LSA Air Quality and Greenhouse Gas Memo, October 31, 2023, prepared for the City of Fremont by LSA Associates.

5. Project Plans. Prepared for the City of Fremont.

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1.9 HAZARDS AND HAZARDOUS MATERIALS
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
LTS ◼ ☐ - LTS
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and/or
accident conditions involving the
release of hazardous materials into the
environment?
LTS ◼ ☐ - LTS
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
LTS ◼ ☐ - LTS
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would
it create a significant hazard to the
public or the environment?
LTs ◼ ☐ SDR Hazardous
MaterialsLTS with SDR
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project result in a safety
hazard or excessive noise for people
residing or working in the project area?
No Impact ◼ ☐ - No Impact
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
LTS ◼ ☐ - LTs
g) Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury, or death involving
wildland fires?
LTS ◼ ☐ - LTS

1.9.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800

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parking spaces.

1.9.2 Discussion
The analysis in this section is supported by a Phase I Environmental Site Assessment (ESA) prepared by Roux Associates, Inc. in January 2018 and a Technical Memorandum prepared by Roux Associates, Inc. in December 2022.
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Project construction would involve the transport, use, and disposal of typical construction-related hazardous materials such as gasoline, diesel fuel, oils and lubricants, paints and solvents, and other substances. Use of such fluids would be required to conform to Title 49 of the Code of Federal Regulations, US Department of Transportation, State of California, and local laws and ordinances related to their routine handling. The use of such chemicals would not be particular to the project or represent a significant risk of site contamination.

Operationally, the proposed mixed-use project would be anticipated to utilize relatively small amounts of typical household and retail-commercial hazardous materials such as cleaning products and landscape chemicals. The use of such chemicals would not be particular to the project or represent a significant risk of site contamination.

Potential Impact: Less than significant
Mitigation: None required
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment?
A Phase I ESA was prepared in December 2018 for the project. The ESA was performed to identify recognized environmental conditions (RECs) associated with the project site such as past, current, or material threats of the release of hazardous materials or petroleum hydrocarbons to the buildings, soil, and groundwater at the site. Per the ESA, one REC was identified at the site. Available records indicate that petroleum hydrocarbons were released from underground storage tanks (USTs) and associated piping at a former gas station, located adjacent to the project site at 4004 Mowry Avenue, in the early 1980s. Subsurface investigations related to the release were conducted between 1983 to the present under the oversight of the Alameda County Water District (ACWD) and the Regional Water Quality Control Board (RWQCB). Through sampling, petroleum hydrocarbons (TPH-g) were found to be present in groundwater. Remediation activities began in 1984 and have continued intermittently to the present.

The Phase I ESA considers this listing to be a REC because of the presence of petroleum hydrocarbons in groundwater monitoring wells and potential vapor intrusion associated with the impacted groundwater at this adjacent, off-site location.

A Technical Memorandum (Memo) was prepared in December 2022 to describe the historical and current environmental conditions at the project site. The Memo identified 31 groundwater monitoring wells at the former Texaco gas station site and within the project boundaries that are currently subject to a semiannual monitoring program. During a July 2022 groundwater monitoring event, free product know as light liquid phase non-aqueous fluid was found to be present in two wells on the gas station site, but not in any project site wells. Additionally, in early 2021 a soil vapor investigation that extended onto the project site found no vapor intrusion concerns at proposed retail-pharmacy pad location or the proposed mixed5.A.e Packet Pg. 200 Attachment: Informational Item No. 2 - CEQA Environmental Consistency Checklist (5120 : Fremont Hub Mixed-Use Appeal) City of Fremont 53
use building location. A vapor barrier was found to thus not be required for safe habitation of the project site.

The Memo found that ongoing remediation strategies to remove free product at the gas station site could be implemented solely within the gas station site, and that proposed project buildings would not interfere or impede the implementation of potential remediation. The existing monitoring wells within the proposed building footprints will be appropriately abandoned and replaced in suitable locations under ACWD oversight and guidance. It can therefore be conservatively concluded that the proposed project would not result in any significant impacts related to the upset and accident release of hazardous materials into the environment.

Potential Impact: Less than significant
Mitigation: None required
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The project site is not located within one-quarter mile of an existing or proposed school. The nearest existing or proposed schools are located approximately 1,550 feet northwest (Washington High School) and 1,800 feet southeast (Brier Elementary School) of the site. Furthermore, as discussed above, the proposed project would not involve land uses that would transport, use, or dispose of hazardous materials in substantial quantities.

Potential Impact: Less than significant
Mitigation: None required
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The Phase I ESA prepared for the project included an environmental records database search of sites of potential environmental concern within a one-mile radius of the project site. The database search revealed no Federal National Priorities List (NPL) facilities within the radius, and a single REC related to a former gas station at 4004 Mowry Avenue, which is adjacent to the project site. As described in Section b), the Phase I ESA indicated the presence of petroleum hydrocarbons in groundwater monitoring wells at the gas station property and potential vapor intrusion associated with the impacted groundwater. A subsequent Memo found that there were no vapor intrusion concerns at proposed retail-pharmacy pad location or the proposed mixed-use building location, and that a vapor barrier would not be required for safe habitation of the project site. Additionally, the Memo stated that current and future remediation of the gas station site could be implemented solely within the gas station property, and that proposed project buildings would not interfere or impede the implementation of potential remediation. For these reasons, the proposed project would not result in significant impacts related to public or environmental hazards pursuant to Government Code Section 65962.5.

Potential Impact: Less than significant
Mitigation: None requred
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
There are no airports in the vicinity of the project site, therefore the proposed project would not have the potential to result in an impact related to airport hazards.

Potential Impact: No impact
Mitigation: None require

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f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The proposed project would not alter or otherwise detrimentally impact any streets in the project vicinity.

The existing roadway widths of Fremont Boulevard and Mowry Avenue, which border the site to the east and west, respectively, would remain unchanged by implementation of the project. Emergency vehicle access easements (EVAEs) deemed adequate by the Fremont Fire Department would overlay drive aisles that wrap the proposed mixed-use building and connect at two separate points with the Fremont Boulevard right-of-way. As a result, the project would provide adequate emergency access to on-site improvements, maintain emergency access to off-site improvements in the vicinity of the proposed building, and not conflict with any adopted emergency response plan or emergency evacuation plan.

Potential Impact: Less than significant
Mitigation: None required
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
The project site is located on nearly flat land within an urbanized area of the City that is not subject to wildfires or wildfire risks. As such, the project would not result in significant impacts related to exposure of people or structures to wildland fires.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2014. City of Fremont Standard Details for Improvements in Public Right of Way. Available online: https://fremont.gov/235/Standard-Details.

2. City of Fremont, 2007. Local Response Area (LRA) Very High Fire Hazard Severity Zones in the City of Fremont (FMC 7-13102). City Ordinance 33-2007.

3. City of Fremont, 2020. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

4. City of Fremont, 2011. City of Fremont General Plan. Safety Element. Adopted December 2011. Available:
https://fremont.gov/generalplan.

5. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

6. Roux Associates, Inc., 2018. Phase I Environmental Site Assessment. January 2, 2018. Provided for the City of Fremont.

7. Roux Associates, Inc., 2022. Technical Memorandum. December 19, 2022. Provided for the City of Fremont.

8. TCA Architects, Kimley-Horn, and EPT Design, 2023. Project Plans. Prepared for the City of Fremont.

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1.10 HYDROLOGY AND WATER QUALITY
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Violate any water quality standards
or waste discharge requirements or
otherwise substantially degrade surface
or groundwater quality?
LTS ◼ ☐ FMC Chapter 18.210,
Stormwater Control
Plan
LTS with
regulations
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
LTS ◼ ☐ FMC Chapter 18.210,
Compliance with
NPDES Stormwater
Permit
LTS with
regulations
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river or through
the addition of impervious surfaces, in a
manner which would:

LTS ◼ ☐ FMC Chapter 18.205
Grading, Erosion and
Sediment Control
LTS with
regulations
i) Result in substantial on- or offsite
erosion or siltation;
ii) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite
iii) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial
additional sources of polluted runoff; or
iv) Impede or redirect flood flows? LTS with MM
Hydo-1
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
LTS ◼ ☐ - No Impact
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable groundwater
management plan?
LTS ◼ ☐ - No Impact

1.10.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont

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Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

The project site is currently developed for commercial activity and is flat with impervious and pervious surfaces throughout. Stormwater currently drains controlled to existing stormwater drains on site that connects to the current stormwater drain systems. Storm water in Fremont ends up in inlets into a concrete flood control channel controlled by the Alameda County Flood Control district.

The project area overlies the Niles Cone groundwater subbasin. Niles Cone has a series of relatively flat lying aquifers separated by extensive clay aquitards (Alameda County Water District, 2017). About sixteen wells are used to extract water from the groundwater basin. Together, these wells can produce up to 47.5 million gallons of water per day. This water is blended with San Francisco Regional Water System supplies before being delivered to customers (Alameda County Water District, 2023).

The project site is located within Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel No. 06001C0461G. According to this FIRM, the project site is located within an Unshaded Zone X, which is an area of minimal flood hazard higher than the elevation of the 0.2-percent-annual-chance flood. The project site is not within a designated FEMA 100-year floodplain. The project is not located near any large, enclosed bodies of water.

Regulatory Setting:

The State Water Resource Control Board’s (SWRCD) statewide stormwater general permit for construction activity (Order WQ 2022-0057-DWQ) is applicable as of September 1st, 2023 to all land-disturbing construction activities that would disturb one acre or more. Per SWRCB permit requirements, the applicant must comply with standard erosion control measures that employ Best Management Practices (BMPs) and develop a Stormwater Pollution Prevention Plan (SWPPP). The goal of the SWPPP is to implement measures in disturbed areas to minimize non-stormwater discharges (ie) discharge or accidental spills of fuels, oils, petroleum hydrocarbons, paints, solvents, cleaners, or other construction materials) and minimize stormwater discharge (ie) transport of sediments) into nearby drainage conveyances. Potential erosion and transportation of soil particles and/or environmental contaminants would be managed through standard construction BMPs that may include, but are not limited to, the following:
• Identifying a construction schedule that restricts excavation and grading activities to the dry season (generally April 15 to October 15) to reduce erosion associated with intense rainfall and surface runoff • Implementing temporary erosion and sediment control measures in disturbed areas to minimize discharge of sediment into nearby drainage conveyances. These measures may include, but are not limited to, silt fences, stalked straw bales or wattles, sediment/silt basins and traps, geofabric, sandbag dikes, and temporary vegetation.
• Establishing permanent vegetative cover to reduce erosion in disturbed areas by slowing runoff velocity, trapping sediment, and enhancing filtration
• Using drainage swales, ditches, and earth dikes to control erosion and runoff by intercepting and diverting runoff accumulation at the base of a grade, and avoiding flood damage along roadways and facility infrastructure
The SWPPP also requires implementation of permanent post-construction measures that would remain in service to protect water quality throughout the life of the project.

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In addition to these state requirements, the applicant must also conform with provisions from the Fremont Municipal Code Chapter 18.210, Stormwater Management and Discharge Control.

The San Francisco Bay Regional Water Quality Control Board (RWQCB) regulates stormwater discharges from municipalities and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, as well as the cities of Fairfield, Suisun City, and Vallejo under a single Municipal Regional Permit (Order No. R2-2022-0018, NPDES Permit No. CAS612008). This permit includes provision for new development and redevelopment projects. Provision C.3 requires source control, site design, and stormwater treatment measures to address stormwater pollutants and to prevent increases in flow rates from developed areas. Source control and site design features must treat stormwater runoff from all on-site impervious surfaces on site before it is discharged into the public storm drain system. In addition, projects are required to evaluate opportunities for incorporating low-impact development strategies, such as self-treating landscape areas, re-use of stormwater, on-site infiltration, and evapotranspiration.

1.10.2 Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
The proposed development would not violate any water quality standards. The project would be required to connect to the existing public sanitary sewer and storm drain systems that serve the area and would obtain its water from existing piped public water mains serving the site. The Alameda County Water District has reviewed the project and has not indicated any issues with meeting the project’s water demands without significantly impacting its supplies or its distribution system. Therefore, the proposed project would have a less than significant impact on water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The proposed project would not deplete groundwater supplies or interfere substantially with groundwater recharge in a way that may impede sustainable groundwater management of the basin. The proposed project would obtain its water supply from the existing public water mains serving the site. The proposed project sits on an already developed site and would include modern stormwater development practices which would improve the current condition of the site.

The project would be required to abide by the SWRCD general permit for construction activity and the applicant must comply with standard erosion control measures that employ BMPs as well as develop a SWPPP to minimize non-stormwater discharges. These measures would prevent damage to the groundwater resulting from the project’s construction and operation. Therefore, the proposed project would have a less than significant impact on groundwater supplies or interfere substantially with groundwater recharge in a way that may impede sustainable groundwater management of the basin and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required

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c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv) Impede or redirect flood flows?
Because the project would replace more than 10,000 square feet of existing impervious surface area with new impervious surface, it would be subject to the NPDES C.3 requirements of the Municipal Regional Stormwater Permit, which regulates the treatment of stormwater runoff on the site. The proposed project would result in approximately 262,000 square feet of impervious surface. The applicant would be required to incorporate low impact development (LID) techniques to treat stormwater runoff from all on-site impervious surfaces in bio-retention planters before it is discharged into the public storm drain system.

These LID measures include source control, site design, and treatment measures to reduce the amount of stormwater runoff and improve the quality of stormwater runoff.

The City of Fremont requires the implementation of BMPs described in the C3 Technical Guidance Manual, provided through Alameda Countywide Clean Water Program, of which the City of Fremont is a member (Clean Water Program, 2015). These state and local requirements were developed to ensure that stormwater is managed, and erosion is controlled on construction sites. The BMPs would include but would not be limited to physical barriers to prevent erosion and sedimentation, construction of sedimentation basins, limitations on work periods during storm events, use of infiltration swales, protection of stockpiled materials, and a variety of other measures that would substantially reduce or prevent erosion from occurring during construction. The C3 Technical Guidance Manual provides further details of specific BMPs, including measures for site design, source control, stormwater treatment, and hydromodification. The grading and building plans submitted by the applicant must demonstrate compliance prior to issuance of building permits.

Implementation of the above listed standard project requirements and conformance with the NPDES permit would ensure impacts to downstream waters from erosion and polluted stormwater runoff would be less than significant and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Per the current Federal Emergency Management Agency flood zone maps the project site is not within a flood zone. The site is not located in any tsunami or seiche zones therefore there is no risk of pollutant release due to project inundation. Therefore, there is no risk of release of pollutants due to project inundation no mitigation is required.

Potential Impact: No impact
Mitigation: None required

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e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The proposed project would not substantially alter existing drainage patterns or result in the alteration of the course of any water body. Drainage from the project would be directed into a landscape-based treatment area located within the development, where the flow volumes would be metered and ultimately discharged into the public storm drain system. Therefore, the impact of the project on the implementation of a water quality control plan or sustainable groundwater management plan would be less than significant and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Housing Element. Adopted December 2011. Available:
https://fremont.gov/generalplan. Accessed March 18, 2020.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at http://egis.fremont.gov/apps/public/.

3. Clean Water Program. 2023. C.3 Stormwater Technical Guidance. A handbook for developers, builders, and project applicants, Version 8.

4. Project Plans. Prepared for the City of Fremont.

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1.11 LAND USE AND PLANNING
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Physically divide an established
community? No Impact ◼ ☐ - No Impact
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating
an environmental effect?
LTS ◼ ☐ - LTS

1.11.1 Environmental Setting
The project site is a 5.86-acre portion of the Fremont Hub Shopping Center adjacent to Fremont Boulevard and Mowry Avenue. The applicant is proposing the construction of a new ±13,000-square-foot freestanding retailpharmacy building with a drive-through lane, and a mid-rise six-story mixed-use building with 314 apartments and 14,157 square feet of retail space at the northern corner of the Fremont Hub Shopping Center.

Regulatory Setting
The City of Fremont General Plan, which was adopted in December 2011, is the land use plan applicable to the proposed project. The project is not a component of a specific plan or local coastal program. The Fremont Municipal Code is the zoning ordinance applicable to the proposed project. The project is also subject to the City Center Community Plan adopted in May 2015.

1.11.2 Discussion
a) Physically divide an established community?
The project site is part of a shopping center within an existing commercial neighborhood within the City of Fremont. The proposed project would not divide an established community because the project would redevelop a portion of a shopping center and would not modify the public right of way or other existing routes of travel through the area. Therefore, there would be no environmental impact and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding dividing an established community. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: No impact
Mitigation: None required

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b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The proposed project would conform to the City of Fremont General Plan and the proposed use is allowed in the City Center Urban Office district subject to approval of a Zoning Administrator Permit. The project is consistent with the following goals and policies in the General Plan related to infill development and directing change for orderly growth and compatibility.

Land Use Element Policy 2-2.14: Maintaining and Improving Development Continuity Integrate new large-scale development projects into the fabric of the existing community rather than allowing such projects to be self-contained, walled off or physically divided from surrounding uses. New development should be viewed as an opportunity to improve connectivity between neighborhoods. To the extent feasible, circulation systems and open spaces in such developments should tie into existing streets and open spaces on the perimeter. In addition, existing development should be retrofitted over time to reduce unnecessary walls and barriers and improve pedestrian connections between neighborhoods.

Land Use Goal 2.2: Directing Change
Growth and development that is orderly and efficient, leverages public investment, ensures the continued availability of infrastructure and public services, reduces adverse impacts on adjacent properties, and protects the natural environment.

Land Use Policy 2-2.5: Zoning and Subdivision Regulations Use zoning and subdivision regulations to direct the city’s growth, ensure sufficient opportunities for new development, improve Fremont’s quality of life, create complete neighborhoods, reduce nuisances, achieve compatibility between adjacent properties and uses, address land use conflicts, and protect the health and safety of residents, visitors, and workers.

Conformance with the Fremont General Plan Goals and Policies above would ensure that the project avoids a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect resulting in a less than significant impact and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding conflicts with a land use plan, policy, or regulation. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Land Use Element. Adopted December 2011. Available:
https://www.fremont.gov/government/departments/community-development/planning-building-permitservices/plans-maps-guidelines/general-plan.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

3. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning.

Available online at https://www.codepublishing.com/CA/Fremont/.

4. Project Plans. Prepared for the City of Fremont.

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1.12 MINERAL RESOURCES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state?
LTS ◼ ☐ - No Impact
b) Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan, or other land
use plan?
LTS ◼ ☐ - No Impact

1.12.1 Environmental Setting
The City of Fremont General Plan identifies six mineral resource sectors in the City designated by the State Mining and Geology Board as containing regionally significant aggregate resources. The project site is not within any of these sectors identified in the General Plan. According to the USGS Mineral Resources On-Line Spatial Data (USGS, 2017), the project site is not in close proximity to or located on a known mineral resource.

1.12.2 Discussion
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
According to local and state mineral resources maps (USGS, 2017), there are no known mineral resources of importance to the state or region on the site or within the surrounding area. Therefore, no impact to such resources would result and no mitigation is required.

Potential Impact: No impact
Mitigation: None required
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The project site is not identified as containing any locally important mineral resources in the Fremont General Plan. There are no operating mines or quarries in the vicinity of the project site. Therefore, no impact to such resources would result an no mitigation is required.

Potential Impact: No impact
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Land Use Element. Adopted December 2011. Available:
https://fremont.gov/generalplan.

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2. City of Fremont, 2020. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

3. United States Geological Survey (USGS), 2017, Mineral Resources On-Line Spatial Data, Available at https://mrdata.usgs.gov/general/map.html, Accessed

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1.13 NOISE
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity of the
project in excess of standards
established in the local general plan or
noise ordinance, or in other applicable
local, state, or federal standards?
SU, even with
MM Noise-1
through
Noise-4
◼ ☐ SDR Construction
Noise
LTS with
SDR
b) Generation of excessive
groundborne vibration or groundborne
noise levels?
SU, even with
MM Noise-5
◼ ☐ LTS
c) For a project located within the
vicinity of a private airstrip or an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project expose people
residing or working in the project area to
excessive noise levels?
LTS ◼ ☐ - LTS

1.13.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

There are no airports within the City of Fremont or within two miles of the project site. Airports are not a significant contributor to the existing noise environment. The closest airports by approximate distance from the project site are San Jose International Airport (12 miles to the project site), Moffett Federal Airfield (9 miles to the project site), and Hayward Executive Airport (10 miles to the project site).

The nearest noise-sensitive uses are the multifamily residential uses to the west, approximately 380 feet from the western edge of the project site.

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1.13.2 Discussion
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? While construction noise will vary, it is expected that average noise levels during construction at the nearest commercial uses to the southwest would approach 74 dBA Leq, while noise levels at the nearest sensitive uses to the west would approach 64 dBA Leq during the site preparation phase, which would take place for a duration of approximately 2 weeks. Average noise levels during other construction phases would range from 60 dBA Leq to 74 dBA Leq. While construction operations have the potential to generate audible noise at surrounding uses, construction noise levels generated during the permitted hours are exempt from compliance with City noise standards and would be less than significant. No noise reduction measures are required. Furthermore, the elevated noise levels would cease once project construction is completed.

Construction activities will be conducted in accordance with the provisions of the City’s General Plan and the Municipal Code, which limits temporary construction work within 500 feet of residential land uses to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between the hours of 9:00 a.m. to 6:00 p.m. on Saturdays and holidays. The City does not allow construction activities on Sundays for sites located within 500 feet of one or more residences. Further, the City shall require the construction crew to adhere to the Section 18.218.050 in the Municipal Code as shown below:

FMC 18.218.050(d) Noise. To reduce the potential for noise impacts during construction, the following requirements shall be implemented:
(A) Construction equipment shall be well-maintained and used judiciously to be as quiet as practical. (B) Construction, excavating, grading, and filling activities (including the loading and unloading of materials, truck movements, and warming of equipment motors) shall be limited as provided in Section

18.160.010.
(C) All internal combustion engine-driven equipment shall be equipped with mufflers, which are in good condition and appropriate for the equipment.
(D) The contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
(E) Loading, staging areas, stationary noise generating equipment, etc., shall be located as far as feasible from sensitive receptors.
(F) The contractor shall comply with Air Resource Board idling prohibitions of unnecessary idling of internal combustion engines.
(G) Signs shall be posted at the construction site that include permitted construction days and hours, a day and evening contact number for the job site, and a contact number for the project sponsor in the event of noise complaints. The applicant shall designate an on-site complaint and enforcement manager to track and respond to noise complaints. (Ord. 27-2016 § 37, 12-6-16; Ord. 23-2018 § 41, 10-2-18.)
Potential Impact: Less than significant
Mitigation: None Required
b) Generation of excessive groundborne vibration or groundborne noise levels? Ground-borne noise and vibration from construction activity would be mostly low. Table J of the Noise Memo prepared for the project by LSA Associates provides reference PPV (in/sec) values from typical construction vibration sources at 25 ft. Although the specific pieces of equipment that would be used on

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the site are unknown at this time, to provide an analysis of potential vibration levels expected for a project of this size, a large bulldozer would generate 0.089 PPV (in/sec) of ground-borne vibration when measured at 25 ft, based on the FTA Manual (2018). As shown in Table E of the Noise Memo prepared for the project by LSA Associates, it would take a minimum of 0.20 PPV (in/sec) to cause any potential building damage to non-engineered timber and masonry buildings.

The closest structures to the project site are the commercial uses to the southwest of the site, approximately 5 ft from the construction activity limits. it is expected that vibration levels generated by dump trucks and other large equipment that would be as close as 10 ft from the property line would generate ground-borne vibration levels of up to 0.192 PPV (in/sec) at the closest structures to the project site. This vibration level would not exceed the 0.2 PPV (in/sec) threshold that is considered safe for nonengineered timber and masonry buildings. It is expected that construction activities using heavy equipment would generate vibration levels greater than 0.2 in/sec in PPV when operating within 10 ft of the property line, which would result in a potentially significant impact. Vibration levels at all other buildings would be lower.

With the incorporation of the CMP as required by Section 18.218.050 (c), construction would not result in any vibration damage, and impacts would be less than significant. There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding groudborne vibration or noise. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The City does not have a commercial, military, or general aviation airport. Moffett Federal Airfield is a joint civil-military airport located about 9 miles southwest of the project site. Oakland International Airport and Mineta San José International Airport, which are both public-use airports, are located approximately 10 miles northwest and 12 miles south of the project site, respectively. The project site lies outside the area of influence for each of these airports. Noise from aircraft would not substantially increase ambient noise levels at the project site, and interior noise levels resulting from aircraft would be compatible with the proposed project. Therefore, the project would have a less than significant impact and no mitigation would be required.

Potential Impact: Less than significant
Mitigation: None required
References

2. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at https://www.codepublishing.com/CA/Fremont/.

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

4. LSA Air Quality and Greenhouse Gas Memo, October 31, 2023, prepared for the City of Fremont by LSA Associates.

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5. Project Plans. Prepared for the City of Fremont.

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1.14 POPULATION AND HOUSING
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or
other infrastructure)?
LTS ◼ ☐ LTS
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
LTS ◼ ☐ No Impact

1.14.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

1.14.2 Discussion
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposed project would construct 314 new apartment units with 14,157 square feet of retail commercial space, and a new 13,000-square-foot commercial building on an existing developed lot. The City of Fremont 2023-2031 Housing Element as certified by the state of California, requires that per California Government Code Section 65583(a)(3) local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. Chapter 8 of the Housing Element contains the sites inventory list for the City of Fremont, and the project site is identified on that list. Furthermore, in the City of Fremont’s adopted General Plan, Chapter 2 “Land Use,” it states that the City Center, which this project is located in, may also accommodate mid to high-rise residential projects incorporating housing above non-residential uses. The population growth to the project site, and area it is located in, is planned and encouraged in both the 2023-2031 Housing Element and the City of Fremont General Plan. Therefore, the proposed project would not induce a substantial unplanned population growth in the area and would have a less than significant impact and no mitigation is required.

Potential Impact: Less than significant

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Mitigation: None Required
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The proposed project site is currently developed as a commercial shopping center that does not include any residential units. The proposed project will demolish existing commercial space and parking lot area, so no residential land would be displaced. Therefore, there would be no impact as a result of this project and no mitigation is required.

Potential Impact: No impact
Mitigation: None required
References

1. State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State — January 1, 2011-2020. Sacramento, California, May 2020.Available online at http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/. Accessed May 29, 2020.

2. City of Fremont, 2011. City of Fremont General Plan. Housing Element. Adopted December 2011. Available:
https://fremont.gov/generalplan.

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at http://egis.fremont.gov/apps/public/.

4. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

5. Project Plans. Prepared for the City of Fremont.

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1.15 PUBLIC SERVICES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, or the need for new or
physically altered governmental
facilities, the construction of which could
cause significant environmental impacts,
in order to maintain acceptable service
ratios, response times, or other
performance objectives for any of the
public services:
• Fire protection
• Police Protection
• Schools
• Parks
• Other Public facilities
LTS ◼ ☐ LTS

1.15.1 Environmental Setting
Fire Protection
Fire protection services in the project area are provided by the City of Fremont Fire Department. In 2020, the Fire Department responded to 9,321 medical calls for service and 602 fire emergencies. Emergency Medical Services (EMS) response accounted for approximately 65% of all calls (City of Fremont Fire Department, 2020). The Fire Department aims to maintain a five minute thirty second response time 90 percent of the time for all emergencies located below the “Toe of the Hill” line. As of 2018, the average response time is three minutes twenty-eight seconds, which surpasses the City’s goal (City of Fremont Fire Department, 2018). The closest station to the project site is Fire Station 1, approximately 0.9 miles from the project site.

Police Protection
Police protection services are provided by the City of Fremont Police Department. The Police Department Dispatch Center handles an average of 800 calls per day. The Police Department deploys officers in three separate zones. The project site is located in Zone 1. The City has one police station located at 2000 Stevenson Boulevard, which is approximately 0.5 miles from the project site.

Schools
The project site is located within the service boundaries of the Fremont Unified School District (FUSD). The project site is currently entirely commercial and located within a commercial neighborhood with some residences existing in the immediate vicinity. Existing neighborhoods adjacent to the project site are currently served by Parkmont Elementary School, which is located at 2601 Parkside Drive approximately 0.9 miles from the project site. The middle school that serves nearby residences is Centerville Middle School, which is located at 41365 Chapel Way approximately 1.8 miles from the project site. Finally, the high school that serves nearby residences is Washington High School, which is located at 38442 Fremont Boulevard and approximately 1.3 miles from the project site.

Parks
Parks operated by the City of Fremont in the vicinity of the project site include Central Park. The City maintains a parkland standard of five acres of parkland per 1,000 residents. The park development impact fee for new residential development is based on maintaining this ratio (City of Fremont, 2011).

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1.15.2 Discussion
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Fire protection?
The project would replace the existing 26,550 commercial building with the construction of a new five story residential building containing 206 apartments. The new building would result in additional fire protection demand for the new development. The nearest fire station is Fire Station #1 located at 4200 Mowry Avenue. (1.5 miles away). The proposed Project has been reviewed in coordination with the Fremont Fire Department, and no new or physically altered stations or facilities have been determined to be required. Therefore, impacts would be less than significant and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding fire protection. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Police protection?
The Fremont Police Department provides police protection to the Project site. The Police Department deploys officers in three separate zones. The project site is located in Zone 1, which covers the central portion of the City. The City has one police station located at 2000 Stevenson Boulevard, which is approximately 0.5 miles from the project site. The Project would add 206 residential units, which could result in a minor associated increase in the demand for police protection services. The proposed Project has been reviewed and no required new or physically altered stations or facilities have been identified.

Therefore, impacts would be less than significant and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding police protection. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Schools?
The proposed project would construct a new residential building containing 206 residential units. While the Project would result in some small increase in demand of school services, the Project would not have the potential to contribute to substantially reduced performance ratios or the need for new facilities. The Fremont Unified School District charges new development projects school impact fees to help offset the increase cost to the school district to provide services resulting from the proposed project. The impact of the Project related to schools would be less than significant and no mitigation is necessary.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding schools. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Parks?
The increased population resulting from the project would be expected to marginally increase use of public parks. The population growth that would be attributable to the proposed project would be consistent with the Fremont General Plan and the new development would be subject to development impact fees including those for parkland and park facilities to help offset the impact to Fremont’s parks.

Therefore, the proposed project would have a less than significant impact and no mitigation is required.

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There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding parks. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Other public facilities?
The Project would add 206 new residential units which would could result in minor increases in impacts to other public facilities in Fremont and beyond. The increase in services required would be minor and no new facilities would be required. For these reasons, the impact of the Project related to other public facilities would be less than significant and no mitigation is necessary. Additionally, as with all development Project in the City of Fremont, the Project would be required to pay Development Impact Fees, which are intended to fund and sustain improvements that are needed as a result of new development. Under this program, the required Capital Facility Fee helps pay for services in such categories as City Administration facilities, City Services Maintenance Center and Corporation Yard, and Libraries. For reasons stated above, the proposed project would have a less than significant impact on fire protection, police protection, schools, parks, and other public facilities and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding fire protection, police protection, schools, parks, and other public facilities. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Parks and Recreation Element. Adopted December 2011. Available: https://fremont.gov/generalplan.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

3. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

4. Project Plans. Prepared for the City of Fremont.

5. Fremont Police Department, 2022. Annual Report. Available online at:
https://www.fremontpolice.gov/home/showpublisheddocument/992/638200098114430000

6. Fremont Fire Department, 2018. Annual Report.

7. Fremont Unified School District, 2023. School Locator. Available online at https://www.myschoollocation.com/fremontusd2/.

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1.16 RECREATION
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
LTS ◼ ☐ - LTS
b) Include recreational facilities or
require the construction or expansion of
recreational facilities that might have an
adverse physical effect on the
environment?
LTS ◼ ☐ - LTS

1.16.1 Environmental Setting
The City of Fremont’s Recreation Services Division provides parks and recreation facilities and services to the City of Fremont. The City maintains approximately 1,223 acres of parkland, spread over 61 parks, which provide recreational facilities and opportunities to the community. A number of other agencies also maintain park and trail systems within the City, including the East Bay Regional Parks District, the Don Edwards San Francisco Bay National Wildlife Refuge, and the San Francisco Bay Trail. Parks operated by the City of Fremont in the vicinity of the project site include Knoll Park (0.9 miles), Fremont Central Park (1.5 miles), and the Downtown Event Plaza (0.6 miles).

1.16.2 Discussion
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
The construction of the proposed new mixed-use building would generate a higher usage at local parks and recreational facilities. The Fremont Municipal Code section 18.290 “Development Impact Fees” establishes a fee structure for new development projects, such as the one proposed, to pay to maintain and provide city services. Two of these fees are Parkland and Park Facilities fees. The purpose of the parkland acquisition and park facilities impact fees is to fund the acquisition of parkland and the development of park facilities, respectively, needed to serve new development. A report by Willdan Financial Services was prepared May 17th, 2021 to analyze the development impact fee needed for these two categories to support future growth consistent with the Fremont General Plan. The fees were set using a model anticipating population growth through 2035. The proposed project would be subject to these fees, so the increase usage of current facilities would be a less than significant impact, as the increase usage was anticipated.

Potential Impact: Less than significant

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Mitigation: None required
b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? As previously discussed, development impact fees were implemented with the knowledge that the population would continue to grow within the City of Fremont, and this would provide the mechanism to maintain and expand current services. Therefore, the impact of the Project related to recreational facilities would be less than significant and no mitigation is necessary.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Parks and Recreation Element. Adopted December 2011. Available: https://www.fremont.gov/government/departments/community-development/planningbuilding-permit-services/plans-maps-guidelines/general-plan.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

3. City of Fremont, 2023. City of Fremont Parks & Recreation, Available online at https://www.fremont.gov/government/departments/parks-recreation.

4. City of Fremont, 2023, City of Park Maintenance, Available online at https://www.fremont.gov/government/departments/maintenance-services.

5. Wildan Financial Services, Impact Fee Study, 2021.

6. Project Plans. Prepared for the City of Fremont.

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1.17 TRANSPORTATION
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a): Conflict with a program, plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle, and pedestrian
facilities?
No Impact ◼ ☐ - LTS
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)?
NA ◼ ☐ - LTS
c) Substantially increase hazards due to
a geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
LTS ◼ ☐ - LTS
d) Result in inadequate emergency
access?
LTS ◼ ☐ - LTs
The Transportation analysis of the General Plan EIR focused primarily on transportation metrics/thresholds of delay and level of service/congestion. These thresholds no longer apply, having been replaced by vehicle miles travelled (VMT)

1.17.1 Environmental Setting
The project site is located at the southeast corner of Fremont Boulevard and Mowry Avenue (Assessor’s Parcel Number [APN] 501,976-12) in Fremont. The project site consists of the Fremont Hub Shopping Center, a regional shopping center on an approximately 52-acre site currently anchored by Target, Safeway, Party City, and Trader Joe’s stores. The center has a retail-commercial floor area of approximately 504,000 square feet and parking fields that contain approximately 2,800 parking spaces.

Regulatory Setting:

Intersections, Streets, and Freeways: The Alameda County Transportation Commission’s (ACTC) Congestion Management Program (CMP) describes performance measures related to the circulation system. The CMP emphasizes multi-modal accessibility and transportation/land use integration. It also provides specific measurement tools to assess the performance of roadways, transit service, bicycling, and walking. The CMP recommends a detailed transportation impact analysis (TIA) for projects generating 100 vehicle-trips or more during the weekday PM peak hour. This is consistent with the City of Fremont’s standard practice of requiring a TIA for projects that generate more than 100 peak trips in either the AM or PM peak hours.

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In the summer of 2020, the City adopted a General Plan amendment to identify Vehicle Miles Travelled (VMT) as a measure indicating a project’s transportation impacts. Per the General Plan, the threshold of significance for a residential project is 15% below the average VMT per capita in the City of Fremont.

1.17.2 Discussion
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Construction worker trips would be likely to occur during the weekday AM and PM peak periods (7:00 AM to 9:00AM for AM peak, and 4:00PM to 6:00PM for PM peak). However, even assuming all workers arrived during the AM peak hour and departed during the PM peak hour, the number of trips during each peak hour would be significantly less than the City of Fremont’s threshold for completing a Traffic Impact Analysis (TIA), which is 100 net new trips in peak hours.

Construction activities at the site would also generate heavy vehicle trips, including truck trips for off-site soil export, heavy equipment transport, and material deliveries. The consequence of construction-related heavy truck traffic would be a temporary and intermittent lessening of street performance in the project site vicinity due to the larger turning radii of construction trucks compared to passenger vehicles.

However, heavy truck traffic would be spread throughout the entire day and would not be concentrated during peak hours.

Construction activities could result in increased truck traffic and impeded roadway access on the immediate project frontage on Fremont Boulevard. Any construction within the public right of way would require an encroachment permit from the City of Fremont Public Works department with appropriate traffic controls. Transit routes passing the project site Fremont Boulevard may encounter intermittent delays due to construction within the public right of way, but traffic management plans required by the encroachment permit process would reduce these impacts to a less than significant level. Pedestrian circulation past the project site may be intermittently interrupted during construction but would also be subject to the encroachment permit process. Bicycle traffic has the potential to be impacted by heavy truck traffic in the vicinity of the project site.

Bicyclists could be sharing the road with heavy diesel-powered trucks that have a wider turning radius than typical passenger vehicles. Construction trucks could also obscure lines of sight for bicyclists due to their mass and height. If constant and pervasive, these impacts could reduce the usage and safety of the bicycle system. However, any impact from construction trucks would be temporary and minimal due to the volume and timing of trips. Additionally, truck trips would be dispersed throughout the day and therefore the impact on bicycle travel at any given time is likely to be minimal. Construction trucks would follow applicable vehicular safety ordinances and any signing and striping related to bicycle-vehicular interactions. Therefore, the construction traffic would not conflict with adopted policies on mass transit, pedestrian, and bicycle facilities and the impact would be less than significant.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding circulation system conflicts. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
b) Conflict or be inconsistent with CEQA Guidelines section 15064.3(b), which pertains to vehicle miles travelled?
The City of Fremont’s VMT thresholds consider the VMT performance of residential and non-residential components of a project separately, using the efficiency metrics of VMT per capita and VMT per employee, respectively. For retail components of a project, or other customer-focused uses, the regional VMT change is analyzed. The VMT threshold of significance under the Fremont General Plan for a

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residential project is 15% below baseline (existing) average VMT per Capita for the City of Fremont. A VMT analysis memo for the project was prepared for the City by Kimley Horn in December 2022.

Based on the City’s Transportation Impact Analysis (TIA) Handbook, the screening criteria for each component of the project was reviewed to determine if further quantitative VMT analysis was required or if the project component would be screened.

For the residential component of the project, the location-based screening for residential projects was used. If the project location is located in an area with low (below the threshold) VMT per capita and in an area with planned growth, then the residential project would be screened and presumed to have a less than significant impact.

For the retail component of the project, the local serving retail criteria was used. If the project is 50,000 square feet of total gross floor area or less without drive-through operations, then the retail project would be screened and presumed to have a less than significant impact.

For the pharmacy store with drive-through, it would not meet the local serving retail screening criteria and therefore to assess the change in VMT with the addition of the pharmacy store with drive-through, which includes the demolition of the existing CVS without a drive through, the Alameda County Transportation Commission’s Travel Demand Model (ACTC TDM) was used for this analysis. For retail uses, the ACTC TDM is used as the principal tool to determine VMT while the City of Fremont’s VMT guidelines were used as the basis for the analysis methodology. The ACTC TDM’s scenario representing 2020 conditions was used for this analysis.

The location of the residential project was compared to Figure 4 – CEQA Transportation Screening Map for Residential Projects in the City’s TIA Handbook to determine if the project would be screened. The project is located within the yellow portion of the map that indicates the project is screened (see Attachment A). Therefore, the residential portion of the project is presumed to have a less than significant transportation impact.

The retail portion of the project, not including the pharmacy store with drive-through, is 15,197 square feet. Since this area is less than 50,000 square feet, the retail component is considered local serving retail. Therefore, the retail portion of the project is presumed to have a less than significant transportation impact.

To determine the change in regional VMT associated with the replacement of the existing CVS with a pharmacy store that includes a drive-through, first the number of jobs for the for the existing and proposed retail stores needed to be determined. As the ACTC TDM only represents non-residential land uses as number of jobs, the existing and proposed stores needed to be converted from total square-feet into number of jobs. To convert the building sizes into number of jobs, the Trip Generation Handbook 11th Edition published by the Institute of Transportation Engineers (ITE) was used. To complete the conversion, the ratio of daily trip generation rates listed in the Trip Generation Handbook between 1,000 square-feet and employees was calculated. This was completed separately for the existing and proposed stores to distinguish trip generation characteristics between a pharmacy with and without a drive through.

ITE Land Use Code 880 (Pharmacy/Drugstore without Drive-Through Window) was used to represent the existing store, while ITE Land Use Code 881 (Pharmacy/Drugstore with Drive-Through Window) was used to represent the proposed store. The number of daily trips produced by the size of the two buildings were used to back calculate the number of employees based on each land use type’s equation for the number of trips that are produced by each employee. It was determined that pharmacies with drivethroughs have an employee-to-1,000 square-feet ratio of 1.578 employees per 1,000 square feet while pharmacies without drive-throughs have an employee-to-1,000 square-feet ratio of 1.302 employees per 1,000 square feet. When multiplying these ratios by the size of the individual buildings, the existing building would be represented by 34 employees and the proposed building would be represented by 21 employees in the ACTC TDM. This indicates that the model will include a reduction of 13 employees to represent the difference in trip generation rates between the two stores.

In order to calculate the change in VMT due to the construction of the proposed project, the model was run with the two employee totals. The VMT was calculated for all roadways within the City of Fremont by multiplying the daily volume by the length of each link in the model network. This was then totaled for all

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roadways within the City boundaries to determine a regional total in VMT. The difference was calculated by subtracting the regional VMT total for the scenario with the proposed project from the scenario with the existing store. The findings are summarized in Exhibit 1 as shown in the Kimley Horn VMT Memo. In Exhibit 1, the existing daily regional VMT total is 6,036,261 VMT. When the existing pharmacy is replaced by the proposed project, the daily regional VMT total is reduced by 7,528 daily VMT to 6,028,733 VMT.

Thus, the proposed project is expected to reduce the regional VMT. The pharmacy store with drivethrough results in a decrease of regional VMT and as a result the pharmacy store with drive-through project is determined to not have a significant transportation impact.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding traffic safety hazards or incompatible uses related to traffic. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: Less than significant
Mitigation: None required
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed project has been reviewed by the City of Fremont’s Transportation Engineering department to ensure that traffic circulation patterns remain safe as part of the development review process for the project. The project would be located within an existing shopping center and occupy a portion of the center’s parking lot. The drive aisles in the parking lot would be reconfigured to accommodate the new development. The proposed project would have a less than significant impact on the public right of way’s travel lanes for pedestrians, motor vehicles, and cyclists.

Potential Impact: Less than significant
Mitigation: None required
d) Result in inadequate emergency access?
The Fremont Fire Department has reviewed the proposed project for conformance with applicable codes and regulations related to emergency access. The project will have dedicated emergency vehicle access easements to ensure adequate access for emergency vehicles throughout the site. Therefore, the proposed project would have a less than significant impact related to emergency access and no mitigation would be required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding emergency access. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR Potential Impact: Less than significant
Mitigation: None required
References

1. AC Transit, 2023. Maps & Schedules. Available online at https://www.actransit.org/maps-schedules.

Accessed November 27, 2023.

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2. Alameda County Transportation Commission (ACTC), 2022. Congestion Management Program. Accessed online at https://www.alamedactc.org/planning/congestion-management-program. Accessed November 27, 2023.

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

4. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning.

Available online at https://www.codepublishing.com/CA/Fremont/.

5. City of Fremont, 2016. Pedestrian Master Plan. Available online at https://www.fremont.gov/government/departments/transportation-engineering/walking-bicycling/pedestrianmaster-plan.

6. City of Fremont, 2018. Bicycle Master Plan. Available online at https://www.fremont.gov/government/departments/transportation-engineering/walking-bicycling/bicyclemaster-plan.

7. City of Fremont, 2014. City of Fremont Standard Details for Improvements in Public Right of Way. Available online: https://www.fremont.gov/government/departments/engineering.

8. Kimley Horn. 2022. Local Transportation Analysis Fremont Kimco Hub Mixed-Use. April.

9. Project Plans. Prepared for the City of Fremont.

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1.18 TRIBAL CULTURAL RESOURCES
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as
either a site, feature, place, cultural
landscape that is geographically defined
in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k)?
LTs ◼ ☐ - No Impact
b) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set forth
in subdivision (c) of Public Resources
Code Section 5024.1. In applying the
criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe?
LTS with MM
Cultural-2
◼ ☐ SDR Cultural and
Tribal Cultural
Resources-2:

Accidental Discovery
LTs

1.18.1 Environmental Setting
Tribal cultural resources are: 1) sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are listed, or determined to be eligible for listing in the California Register of Historical Resources (California Register), or local register of historical resources, as defined in PRC Section 5020.1(k); or, 2) a resource determined by the lead CEQA agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in PRC Section 5024.1(c). For a cultural landscape to be considered a tribal cultural resource, it must be geographically defined in terms of the size and scope of the landscape (PRC Section 21074[b]). Also, an historical resource, as defined in PRC Section 21084.1, unique archaeological resource, as defined in PRC Section 21083.2(g), or non-unique archaeological resource, as defined in PRC Section 21083.2(h), may also be a tribal cultural resource.

While there are no known underground resources at the site, substantial ground-disturbing activities associated with construction could result in the destruction or disturbance of unidentified subsurface resources or human remains. Fremont Municipal Code section 18.218.050(d)(2) contains rules related to accidental discovery of cultural resources.

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1.18.2 Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? The Project site is currently developed with a commercial building constructed in the 1960s. A historic evaluation was performed by City of Fremont staff and the building was determined to be ineligible for the historic register. No listed or eligible historic resources have been identified on the Project site.

Therefore, there would be no impact and no mitigation is required.

There is nothing peculiar to the proposed project or its site that would result in a conclusion different than that found in the General Plan Update EIR regarding tribal cultural resources. The proposed project would result in no new significant effects, on-site, off-site or cumulative, for this topic and there is no new information indicating a more severe adverse impact than discussed in the General Plan Update EIR.

Potential Impact: None
Mitigation: None Required
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? The project site does not contain any known or suspected cultural resources. Per FMC Section

18.218.010, all development projects that have the potential to adversely disturb or impact a) specialstatus species; b) cultural resources; and c) air quality due to construction activities such as grading, demolition, and tree and shrub removal, shall implement the adopted standard development requirements to address resource protection provided in FMC Section 18.218.050. This includes, FMC Section

18.218.050(d), copied below, which addresses cultural resources. As a standard project requirement, the proposed Project implements FMC Section 18.218.050(d), which incorporates measures that would ensure the Project avoids significant impact to cultural resources, including Tribal Cultural Resources.

FMC 18.218.050(d) Cultural Resources:
(1) Notification, Affiliated California Native American Tribes. Prior to preparation of an environmental assessment and within 14 days of determining that an application for a project is complete, the city shall provide formal notification to the designated contact or a tribal representative of traditionally and culturally affiliated California Native American tribes that have requested to receive such notice from the city. The written notification shall include a brief description of the proposed project and its location, project contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to AB 52.
(2) Accidental Discovery of Cultural Resources. The following requirements shall be met to address the potential for accidental discovery of cultural resources during ground disturbing excavation:
(A) The project proponent shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. (B) The project proponent shall retain a professional archaeologist to provide a preconstruction briefing to supervisory personnel of any excavation contractor to alert them to the possibility of exposing buried cultural resources, including significant prehistoric archaeological resources. The briefing shall discuss any cultural resources, including archaeological objects,

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that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the project proponent and archaeological team.
(C) In the event that any human remains or historical, archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)(2)(D) of this section, requiring cessation of work, notification, and immediate evaluation shall be followed. (D) If resources are discovered during ground disturbing activities that may be classified as historical, unique archaeological, or tribal cultural resources, ground disturbing activities shall cease immediately, and the planning manager shall be notified. The resources will be evaluated by a qualified archaeologist and, in the planning manager’s discretion, a tribal cultural monitor. If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager.

The Project would be subject to these rules contained in FMC 18.218.010. Therefore, the Project would have a less than significant impact on tribal cultural resources and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Parks and Recreation Element. Adopted December 2011. Available: https://fremont.gov/generalplan.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

3. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

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1.19 UTILITIES AND SERVICE SYSTEMS
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Require or result in the relocation or
construction of construction of new or
expanded water, wastewater treatment
or stormwater drainage, electric power,
natural gas, or telecommunication
facilities, the construction or relocation
of which could cause significant
environmental effects?
LTS ◼ ☐ LTS
b) Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
LTS with MM
Util-1A and
MM Util -1B
◼ ☐ - LTS
c) Result in a determination by the
wastewater treatment provider that
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand, in addition
to the provider’s existing commitments?
LTS with MM
Util-2
◼ ☐ LTS
d) Generate solid waste in excess of
State or local standards, or in excess of
the capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
LTs ◼ ☐ - LTS
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid waste?
LTs ◼ ☐ - LTS

1.19.1 Environmental Setting
The Project site is currently a developed commercial site located in a developed area served by all municipal utilities.

Utility connections to water, wastewater, stormwater, solid waste, electric, natural gas, and communications facilities are available to the project site. All existing utilities are currently on the existing site, connected to the existing commercial shopping center and the standalone commercial pads on site.

Water service to the Project would be provided by the Alameda County Water District (ACWD). Wastewater from the Project would be treated at the Alvarado Wastewater Treatment Plant (AWTP), which is operated by Union Sanitary District (USD). The Alameda County Flood Control and Water Conservation District (ACFC) and the City of Fremont share responsibility for storm drainage within the City. The Project would need to connect to existing public and private utilities, including water, sewer, and storm drain facilities, via underground connections within the property.

Wastewater

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USD operates Alvarado Treatment Plan, and provides wastewater collection, treatment, and disposal services to approximately 350,000 people in Fremont, Newark, and Union City. The Alvarado Treatment Plan has a capacity of 33 million gallons per day (mgd), and in 2022 treated an average of 22.23 mgd (USD, 2016). The treatment plant provides both primary and secondary treatment. The District maintains over 839 miles of sewer lines and has 118,338 connections for residential living units (USD, 2022). Seven pump stations operate in USD’s service area, with most of Fremont’s wastewater going to the Irvington Pump Station first before being conveyed to the Alvarado Treatment Plan.

Water Supply and Treatment
ACWD would provide water supplies to the Project. ACWD serves a population of approximately 350,000 people over 104.8 square miles in Fremont, Newark, and Union City. ACWD has developed an Integrated Resource Plan to manage water supply and ensure that current and future demands are met. ACWD has analyzed the long-term water needs of the Tri-City (Fremont, Newark, Union City) and identified the most efficient ways to meet these demands. Through water-saving strategies, demand has dropped by more than 25% from 1995 despite continued growth (ACWD, 2014).

The State of California’s Urban Water Management Planning Act (specifically in Water Code Sections 10610 – 10656) requires that every urban water supplier providing water for municipal purposes to 3,000+ customers or supplying 3,000+ acre-feet of water annually to prepare and adopt an Urban Water Management Plan (UWMP)(ACWD, 2016). ACWD developed its UWMP 2015 – 2020 in 2016. It included growth projections for the Tri-City area up to the year 2040. According to the UWMP, the District estimates that future water demands for single-family residential uses would amount to 22,700 acre-feet per year (AF/yr) in 2020 and 22,600 AF/yr in 2024 (ACWD, 2016).

Approximately 50% of area water production is obtained from the Niles Cone Groundwater Basis, with the other 50% originating from the Del Valle Reservoir. Approximately 70% of the water produced is used for residential purposes. In 2014 – 2015, the average daily production was 34.3 mgd and the maximum day production was 52.2 gallons (ACWD, 2015).

Water treatment is provided by ACWD Water Treatment Plan No. 2 (WTP2). The sustainable production rate at WTP2 is 26 mgd (ACWD, 2017).

Storm Drainage
The Alameda County Flood Control and Water Conservation District (ACFCWCD) provides flood protection to the Project area via planning, designing, constructing, and maintaining flood control projects, including natural creeks, channels, levees, pump stations, dams, and reservoirs. The City of Fremont manages the municipal stormwater system. Project stormwater facilities have been designed to meet all local, state and federal standards, including requirements of the Municipal Regional Permit (MRP) and Clean Water Program (CWP) for Alameda County, including connection to an existing 15” storm drain line under the Osgood Road right-of-way.

Solid Waste
Solid waste services in the City of Fremont are provided by Republic Services. Republic Services provides curbside pick-up of recyclables, organics, and garbage and transports materials to the Fremont Recycling and Transfer Station (41149 Boyce Road) for processing.

The Alameda County Waste Management Authority, now known as Stopwaste.org, is responsible for developing and implementing a County-wide Integrated Waste Management Plan. This plan includes a Source Reduction and Recycling Element, a Nondisposal Facility Element, and a Household Hazardous Waste Element (City of Fremont, 2011). According to data supplied by the Alameda County Waste Management Authority, the 2011 diversion rate for Fremont is 73%, a rate above the diversion rate required by AB 939, which mandates jurisdictions to divert 50% of their landfill waste. The Fremont Recycling and Transfer Station facility has diverted more than 250,000 tons of recyclable materials since 2006. Alameda County is planning to establish a countywide composting facility, which would further improve the City’s diversion rate (City of Fremont, 2011).

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1.19.2 Discussion
a) Require or result in the relocation or construction of construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects?
The proposed project would connect to existing water, sewer and storm drain lines located on the project site and adjacent Fremont Boulevard that already serve the area. The utility companies that would provide utility services to the proposed dwellings were notified of the project and did not indicate that it would generate an increase in wastewater or stormwater runoff levels that could exceed the capacity of the sewer and storm drain lines serving the property or require excessive amounts of water that could not be provided by the existing water mains that already serve the area. As such, the existing sewer, storm drain, and water lines serving the area need not be expanded to accommodate the proposed development and impacts to utilities would be less than significant.

Potential Impact: Less than significant.

Mitigation: None required.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? The development would be served by the Alameda County Water District (ACWD) utilizing the District’s existing water supply system. No issues with obtaining water supplies in normal, dry, and multiple dry years has been identified by ACWD, therefore the project would have a less than significant impact and no mitigation would be necessary.

Potential Impact: Less than significant.

Mitigation: None required.
c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments?
The proposed project would connect into existing sewer lines located in Osgood Road. Wastewater service is provided by the Union Sanitary District (USD). No issues with wastewater capacity related to this project have been identified by USD, therefore the project would have a less than significant impact and no mitigation would be necessary.

Potential Impact: Less than significant
Mitigation: None required
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? The Project would comply with all applicable waste reduction goals and regulations. The Project would be served by the City’s franchised waste hauler, Republic Services, in compliance with the applicable standards governing solid wastes and recyclables, and would comply with all applicable waste reduction goals and regulations. During the construction phase, construction debris are required to be recycled or otherwise diverted from the landfill. When in operation, the facility would be required to maintain waste containers for recycling. Therefore, the project would have a less than significant impact with respect to solid waste standards and reduction goals and no mitigation is required.

Potential Impact: Less than significant

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Mitigation: None required
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
The Project would be served by the City’s franchised waste hauler, Republic Services, in compliance with the applicable standards governing solid wastes and recyclables, and would comply with all applicable waste reduction goals and regulations. Therefore the project would have a less than significant impact with respect to solid waste and no mitigation is required.

Potential Impact: Less than significant
Mitigation: None required
References

1. Alameda County Water District, 2023. ACWD Fact Sheet. Available: http://acwd.org/index.aspx?nid=93.

2. City of Fremont, 2011. City of Fremont General Plan. Public Facilities Element. Adopted December 2011.

Available: https://fremont.gov/generalplan.

3. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at http://egis.fremont.gov/apps/public/.

4. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

5. City of Fremont, 2023. Construction & Demolition Debris. Available online at https://fremont.gov/2174/Construction-Demolition-Debris.

6. Project Plans. Prepared for the City of Fremont.

7. Union Sanitary District, 2023. About Us. Available online at http://www.unionsanitary.com/about-us.

8. Waste Management, 2023. Sustainability. Available online at https://www.republicservices.com/municipality/fremont-ca

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1.20 WILDFIRE
Would the Project:

GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
Is the project located in or near state
responsibility areas or lands classified
as high fire hazard severity zones?
If located in or near state responsibility
areas or lands classified as very high
fire hazard severity zones, would the
project:

N/A ◼ ☐ No
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
◼ ☐ - No Impact
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to pollutant concentrations from a
wildfire or the uncontrolled spread of a
wildfire?
◼ ☐ LTS
Require the installation of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
◼ ☐ - No Impact
Expose people or structures to
significant risks, including downslope or
downstream flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
◼ ☐ - LTS

1.20.1 Environmental Setting
There is a risk of wildfire in Fremont due to the interface of residential and open space land uses. Wildfire risk is greatest adjacent to the open space frame of the City, and becomes less significant towards the interior of the City. The project site is an infill site that is surrounded by urbanized land uses.

Regulatory Setting
The City’s Disaster Management Operations Plan (DMOP) provides policies and procedures for an evacuation, dispersal, or relocation of people from hazardous areas during natural disasters, including wildfires. The DMOP was developed in compliance with State requirements and also meets the requirements of the Federal Emergency Management Agency, as the City’s local hazard mitigation plan. The DMOP specifies multiple evacuation routes that may be utilized in the event of a natural disaster depending on the type and location of the emergency.

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The City of Fremont adopted an Emergency Operations Plan (EOP) (City of Fremont 2019) which outlines the framework used by the City should a natural disaster, including a wildfire, occur. Specifically, it provides guidance for personnel assigned to emergency management by delineating the strategic, operational, and tactical initiatives employed by the City in response to an emergency. The EOP assigns authority and responsibility, outlines coordination efforts and communications systems, and identifies and provides the location of predesignated emergency facilities, and resources. The Fire Department is currently working on a City of Fremont Hillside Evacuation Plan and is partnering with neighboring county agencies to collaborate on countywide evacuation planning. The City’s Local Hazard Mitigation Plan (City of Fremont 2016) includes risk mitigation plans and strategies pertinent to relevant local hazards including natural disasters such as flooding, earthquakes, landslides, and wildfire. The plan also identifies key facilities, such as schools, hospitals, and utility infrastructure, which may be especially vulnerable in a disaster scenario.

In order to address local wildfire risk, the City of Fremont has adopted a Wildland Urban Interface Ordinance that designates areas of the City as Very High Fire Hazard Severity Zones, even if they are not designated as Fire Hazard Areas on state maps. The Very High Fire Hazard Severity Zone generally includes lands to the east of Mission Boulevard in north Fremont and to the east of I-680 in South Fremont. As previously mentioned, the project site is not located within a City-designated Very High Fire Hazard Severity Zone. The project site is served by the Fremont Fire Department.

1.20.2 Discussion
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
The Project is an infill development located outside the Fire Hazard Severity Zone identified in the General Plan Safety Element’s Fire Hazard Severity Zones map. Project development would occur entirely on private property and thus not alter any or infringe upon any emergency response or evacuation routes. As such, no impact would result.

Potential Impact: No impact
Mitigation: None required
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
The Project site is not among the areas of the City at risk for wildfire, as it lacks rugged or sloping terrain, flammable vegetation, or limited access. It is thus not susceptible to the uncontrolled spread of a wildfire.

Future Project occupants could potentially be subject to a wildfire-related decrease in air quality. These impacts would likely be regional and not be limited to only Project site occupants, and the duration of wildfire-related air quality impacts would be temporary. A less than significant impact would thus occur.

Potential Impact: Less than significant
Mitigation: None required
c) Require the installation of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Given the site’s distance from areas of wildfire risk and the degree to which the site would be covered with impervious surfaces or landscaped areas that would be regularly maintained and subject to automatic irrigation, the Project would not necessitate wildfire prevention/suppression design or infrastructure. No impact would result.

Potential Impact: No impact
Mitigation: None required

5.A.e
Packet Pg. 236 Attachment: Informational Item No. 2 - CEQA Environmental Consistency Checklist (5120 : Fremont Hub Mixed-Use Appeal) City of Fremont 89
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The Project site is located outside the City’s mapped Fire Hazard Severity Zone and therefore faces minimal risk for wildfire or risks associated with post-wildfire conditions and hazards. Impacts would thus be less than significant.

Potential Impact: Less than Significant
Mitigation: None required
References

1. City of Fremont, 2011. City of Fremont General Plan. Parks and Recreation Element. Adopted December 2011. Available: https://fremont.gov/generalplan.

2. City of Fremont, 2023. SACGISA. Fremont Mapping. Available online at https://www.fremont.gov/government/departments/gis.

3. City of Fremont, 2023. City of Fremont Municipal Code, Chapter 18, Planning and Zoning. Available online at www.fremont.gov/fmc.

4. Chang Architecture, JMH Weiss Civil Engineering, & CALA Associates Landscape Architect, 2020. Project Plans. Prepared for the City of Fremont.

5.A.e
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1.21 MANDATORY FINDINGS OF SIGNIFICANCE
GP EIR
Findings
Relationship to GP EIR
Findings: Project Conclusions:

Equal or
Less
Severe
New or
Substantial
Increase in
Severity
Applicable Mitigation,
Standards and
Requirements
Resulting
Level of
Significance
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the
number or restrict the range of an
endangered, rare, or threatened
species, or eliminate important
examples of the major periods of
California history or prehistory?
Yes ◼ ☐ No
Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects.)
Yes ◼ ☐ - No
c) Does the project have environmental
effects that will cause substantial
adverse effects on human beings, either
directly or indirectly?
No ◼ ☐ No

Fremont City CouncilApril 16, 2024

Fremont City Council
April 16, 2024