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 drive- through 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.
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:
Resolution 2024-XX Page 3 of 3
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Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney