Exhibit “B”
Findings and Conditions of Approval
PLN2023-00198
Gateway Plaza Apartments
Discretionary Design Review Permit
FIN
DINGS
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.
Disc
retionary Design Review Permit Findings:
Pursua
nt to Fremont Municipal Code (FMC) Section 18.235.060, the follo wing findings must be made by the decision -making body in o rder to approve an application for a Discretionary Design Review Permit:
(a) Th
e proposed project is consistent with the General Plan, any applicable community or specific plan, planning and zoning re gulations, 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, the City Center Community Plan, and City Center District zoning with respect to site planning, massing, architecture, and other ur ban design characteristics. The project is aligned with the objectives of the City Center Community Plan in that it delivers a dense residential development that provides housing opportunities in the heart of the City Center. The project will positively contribute to the ongoing transformation of the district into a walkable, pedestrian-oriented district that mixes complementary land uses and brings vitality to the area . Additionally, it adds housing to a parcel identified in the Housing Element’s Sites Inventory. (b) W
hen 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) Th
e 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 det rimental to the public health, safety, or welfare.
Ana
lysis: The proposed wholly residential project, as designed, will not interfere with the use and enjoyment of adjacent developments, nor would it be detrimental to public health, safety, or welfare in that the proposed project is compatible in scale with development allowances within the City Center District . Additionally, Building Division and Fire Department staff hav e 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 t he welfare of persons or property in the project site’s vicinity.
EXHIBIT B
GATEWAY PLAZA APARTMENTS
PLN2024-00129(PLN2023-00198)
CITY COUNCIL HEARING
4/16/2024
(d) Where HARB review is require d, the proposed p roject 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 overl ay district or one that includes a Register or Register-eligible historic resource. As such, HARB review is not required for the project.
Tree Removal Finding:
Pursuant to FMC Section 18.215.070, the f ollowing finding is required in order to allow for t he proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:
(a) The proposed removal of 36 protected trees would be consistent with the City’s Tree Preservation Ordinance.
Analysis: The project’s proposed removal of 36 private protected trees is necessary to enable reasonable and conforming use of the prop erty. All trees to be rem oved cannot be preserved by a reasonably required project redesign. The protected trees that would be lost would be replaced with 114 new trees planted throughout the site in accordance with the applicable provisions of the Landscape Development Requirements & Policies.
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 dete rmines, on the basis of substantial evidence in l ight of the whole record, one or more of the following:
1. Substantial changes are propo sed in the p roject which will require major revisions of the previous EIR or negative decl aration 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 underta ken which will require major re visions of the previous EIR or negative declar ation due to the involvement of new significant environmental effects or a substantial in crease in th e severity of previously identified significant effects; or
3. New information o f substantial importance, which was not known and could not have been known w ith the exercise of reasonable diligence at the time the previous EIR was certified as co mplete or th e negative declaration was adopted, shows any of the following:
(a) The project will have one or more signi ficant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substan tially more severe than shown in the previous EIR;
(c) Mi tigation measures or alternativ es pr eviously found not to be feasible would in fact be feasible and would su bstantially reduce one
or more significant effects of the project, but the project propone nts decline to adopt the mitigation measure or alternative; or
(d) Mitigation measures or al ternatives which are consi derably different from those analyzed in the p revious 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 Information Item No. 1) prepared for the project , none of the criteria listed above ha s occurred. This checklist and other evidence i n the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Gu idelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed p roject, which is withi n the scope of the EIR , and that no fur ther CEQA documentation is required.
II. CONDITIONS OF APPROVAL
General Conditions:
1. Conformance to Approved Plans and Ex hibits. 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 five -story, market-rate apartment building containing 206 residential units and 263 automobile parking spaces within an integrated parking garage 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 mad e, subject to review and approval of the Planning Ma nager 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. Th e Planning Manager and City Eng ineer shall retain the authority to determine the level of review required (i.e., depending on th e 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 developme nt 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 item s to the satisfaction of the Planning Manager and C ity Engineer or designee, prior to issuance of a building permit:
a. Project staging plan to maximize on-site storage of materials and equipment. b. A set of comprehensive t raffic control measures, including s cheduling of major truck trips and deliveries to avo id 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 surro unding neighbors of the approved construction hours.
d. Location of construction staging.
e. Identification of parking areas f or 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. Th ese fees include fees for fire protection serv ices, capital facilities, park facilities and parkland, and traffic facilities. The fees shall be calcu lated at the rate in effect at the time of project SB 3 30 Prelimi nary Application approval (Decemb er 22, 2022; see PRP2023-00026).
7. Affordable Housing . The pro ject sha ll comply with all applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.155).
8. Referrals. Prior to issuance of the first building p ermit, the developer shall refer the project to the following agencies for approvals: Alameda County Water District (ACWD), Union Sanitation District (USD), and the Alameda County Flo od Control & Water Conservation District (ACF&WCD).
9. Expiration. Approval of the Discretionary Design Review Permit shall expire forty-eight (48) months after the date of approval in accordance with the provis ions 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 protecti on, ident ified in FM C Chapt er 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) Constru ction 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 Cultu ral Resources
e. FMC 18.218.050 (e) Geology and Soils
f. FMC 18.218.050 (g) Construction Noise
The Stand ard 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 no ise insul ation study (memorandum) 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, agen ts, offic ers, and em ployees (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 promptl y notify the applicant of an y 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, actio n, or proceeding if the City bears its o wn 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 de tails of these security features shall be included in the proj ect building permit submittal for review and approval.
14. Lighting Plan. A lighting plan, submitted in conjunction with a photometric pla n, shall be subject to City review and approval during the building permit review process. The lighting plan should be de signed to meet Illuminating Engineering Society of Nort h America (IESNA) st andards. All lighting shall be consistent with the archite ctural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid sub stantial light or glare that may have an impact on day or ni ghttime views in t he area. All wall lighting fixtures or sconces shall be of high quality, decor ative lighting fixtures with co ncealed lighting e lements. Sufficient secur ity lighting shall be ins talled within parking garages, commons areas, plazas and wal kways, subject to the revie w and approval of Planning Manager or designee, prior to issuance of a building permit.
15. Utilities Screening . All ground mounted utiliti es, 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 the y are not visually obtrusive. Prior to issuance of a build ing permit, the developer shall submit plans for review and ap proval that shows how ground mounted u tilities have been screened to the satisfaction of the Planning Manager.
16. Treatment of Service Doors. All service doors shall be color- treated to match th e color of the building ’s adjacent exterior walls. No service doors shall be allowed f acing Mowry Avenue.
17. Private Open Space Areas. Balconies and patios shall be kept clear of laundry, st orage, 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 wi th 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 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:
18. Landscape Design C riteria. Proposed Landscape Design shall adhere to the City’s Landscape Development Requirements & Policies (LDRP), as amended.
19. Tree Planting Areas. All tree planting areas shall be a minimum of six feet in width and free of all utility structures and oth er built fe atures, consisten t with the spacing requirements defined in the LDRP.
20. Street Trees (Size). All street trees shall be a minimum 24 -inch box size wi th the final tree selection coordinated and approved by the City Landscape Architect. City of Frem ont Standard Detail for street tree planting (LSD-1) shall be included in the plan set.
21. Garage Ramp Screen. Screening of the parking garage ramp shall be to the satisfaction of the City Landscape Architect prior to issuance of a Certificate of Occupancy.
Transportation Conditions:
22. 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, a nd the City of Fremont Standa rd Details.
Engineering Conditions:
23. Encroachment Permit and Construction Agreement. An encro achment permit for the street improvements is required. The e ncroachment permit shall be issued prior to or concurrently with issuance of the building perm it. The public improvements conditioned as part of this entitlement requires the execution of an Improvem ent Agreement that guarantees the completion of the public street improvements to th e satisfaction of the Director of Public Works. The Improvement Agreeme nt shall be fully e xecuted by the developer prior to issuance of the encroachment permit. This agreement includes engineered plans prepared by the appli cant’s consultant, reviewed, and approved by the City, surety (Faithful Performance, Labor and Material and Warranty) and insurance.
24. Street Improvements.
a. The developer shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project.
b. The d eveloper shall remove and replace broken or uplifted curb, gutt er, and bike path along project frontage.
c. The developer shall construct a minimum of 14-foot-wide sidewalk alon g Walnut Avenue frontage, except where a minimum 5-foot-wide sidewalk is indicated i n Exhibit “A” – Project Plans.
d. The developer s hall construct the street improvement of Walnut Ave. 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, and signing and striping.
e. Reconstruction of the existing bike path may be required due to the potential drainage issue at the b ike path. The drainage at the sidewalk and bike path will be evaluated with the street improvement plans and any necessary reconstruction of the existing bike path will be included as part of the approved street improvement plans. f. The developer shall be required to adhere to the City of Fremont Street Cutting Policy – Multiple Cuts within One Block.
25. Public Sidewalk Easement. The developer shall dedicate a minimum 4-foot-wide public sidewalk easement on Walnut Ave. along the proj ect fronta ge to the s atisfaction 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.
26. Public Access Easeme nt. The d eveloper shall dedicate a minimum 10-foot wide public access easement on Bart Way. along the project frontage . Project entry and monument signs, bioretent ion areas, and walls shall not be located within the easement. The easement shall be reviewed and approved by the City and executed by the developer prior to issuance of the building permit.
27. Grading and Geology.
a. Coverage Under Sta tewide Construction Genera l Permit . Projects involv ing 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 a pplicant must file a Notice of Intent (NOI) to the State Water Resour ces Control Board (SWRCB), prepare and submit a Storm Water Poll ution Prevention Plan (SWPPP), and obtain a Waste Discharge Id entification number (WDID). A copy of the NOI must be submitted to the City’s Projec t Engineer prior to issuance of development pe rmits (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 Pr actices (BMPs) to be implemented to minimize p ollutant discharges related to construct ion activity. T he ESCP must show the development site at the stage of maximum land disturbance. A copy o f the ESCP and/o r SWPPP Plan must be maint ained on th e project site at all times throughout the demolition/grad ing/construction process; the ESCP and/o r SWPPP must be updated as nec essary to sho w adequate BMPs appropriate for the current stage of the project.
28. Stormwater Treatment and F low Control Facilities. The Project is required to implement post -construction measures to minimize stormwater pollutant disc harges and increases in peak fl ows in a ccordance with the requirements of the Muni cipal 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 Stormwat er Management Plan Checklist (available at www.fremont.gov/sw mp). Developer is required to submit engineered plans, details and calculations that demonstrate compliance with Provision C.3 of the Municipal Regional Permit.
29. Quitclaim of Pri vate Easements. Developer s hall cause to quitclaim all existi ng private easements within the boundaries of the proposed project. Recorded quitclaim documents shall be provided to the City prior to issuance of the building permit.
30. Undergrounding. All new utility service c onnections, including electrical and communications, shall be installed underground. Electrical transformers shall be installe d in underground vaults within an appropriate utility easement or public service easement.
31. Storm. The developer shall submit a hydrology map and hydraulic calc ulations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15 -year recurrence interval for primary faciliti es and 10 -year recurrence interval for second ary facilities in accordance wi th the Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run -off from the project site.
Off-site constr uction of storm drainage faciliti es to m itigate pro jected flows may b e required.
Fire Safety Conditions:
32. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be provided for the co mmon Fire Departm ent access roadway s. A copy of the recorded easement shall be ma de available upon r equest by the Fire Department. Re cording shall occur prior to the issuance of a Certificate of Occupancy.
33. Fire Depa rtment Access Road. A Fire Department acc ess road (Private E VAE) shall meet Fire Department standards for surface type; all weather, distance; not to exceed 150 feet in length witho ut an approved turnaround, weight loads; 75, 000 lb. minim um, turn radius; radii of 22.5 inside and 37.5 outside measured from the same point, grades; not to exceed 15 percent, cro ss grade, inter sections and turnarounds shall be level (maximu m 5%) with the exception of crowning f or water run -off and vertical clea rance; 13.5 minimum. These access roads sh all be designated as Fire Lanes to t he satisfaction of the Fire Marshall or designee. Fire Department access roadways shall not be comprised of turf block.
34. Fire Pump Room. The fire pump room shall have an outside wall door that opens to the Fire Department access roadway.
35. 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 re duction in required fire flow of 50% is required by the Fremont Municipal Code when the building i s provided with an approved automatic sprinkler system. The project shal l consult with a F ire Prote ction Engineer and provide a complet e 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.
36. Code Compliance. The project shall meet all require ments 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:
37. 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 maint ain a copy on the job site.
38. Stormwater Management Plan. The provided Preliminary Stormwater Management Plan is approved in concept only. Approval of the final Stormwater Management Plan is su bject
to Ci ty Engineer approval prior to Building Permit issua nce. Approval is subject to th e developer providing the nece ssary 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.
39. Operations and Ma intenance Agreement (O&M Agreement). A Stormwater Management Measures Oper ations and Maintenance Agreement (aka O&M Agreeme nt) shall be submitted for review and approval during the building permit phase. Template documents and instructions for completing the O&M Agreement may be found at https://city.fremont.gov/stormwaterpermit. Final building permit approval will not be given without an approved, executed O&M Agreement.
40. Silva Cell (SC) Systems. The applicant shall contin ue to work with staff to finalize the design of the prop osed 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.
Building Safety:
41. Building Code. Building permit plans shall comply with the California Residential, Building, Fire, Mechanical, Electrical, Plumbing, Energy, Green Building Codes and City of Fremont Municipal Codes in effect at the time of building permit submittal.
42. Soils Investigation. The applicant shall provide a Soils Investigation Report as part of the building permit submittal. Peer review of the soils report is required.
Environmental Services – Waste Management:
43. Trash Enclosure. The existing trash enclosure within the project site area shall not be modified or otherwise demolished without approval and construction of a replacement trash enclosure.
44. Trash Enclosure Use. The applicant shall provide a plan identifying the trash enclosures used by existing shopping center tenants, specifying which tenants use which enclosure, at the time of building permit submittal.
45. Collection Servic e. Weekly garbage, recycling and organics collection serv ices are
required for all commercial and re sidential properties and are provided by Republic Services on an exclusive basis. An organi cs/compost container must be located in the same area as the garbage and recycling drop-off.
46. Access. Each project must provid e on-site access for garbage and recyc ling service with sufficient space for trucks to driv e through or turn around. Th e required turning radius for garbage trucks is 22.5 feet for the inside radius and 37.5 feet for the outside radius. 14’ o f height clearance is needed for trucks to drive under or through.
47. Collection. Applicant must ensure adequate, accessible and convenient areas for collecting and loading of materials by the garb age and recy cling trucks. Tras h/recycling/organics containers will be staged for pickup along the shared access agreement on the east side.
48. Trash and Chute Room. Trash rooms/enclosures at multi -family a partment a nd condominium housing shall observe the re quirements of the C A Building Code and the requirements of Ti tle 24 regarding accessibility to solid waste and re cycling 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.
49. Trash Management Plan. A trash management plan shall be provided for review and approval by Environmental Ser vices Division staff during the building p ermit phase of the project.
Requirements to be Completed Prior to Request for Final Inspection:
50. 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 as- built grading conditions do not deviate from the approv ed 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.
51. Final Architectural Certification. Upon completion of construction, the project arc hitect shall submit a letter to the City certifying that the building has been constructed in accordance with approved architect ural plans, subject to rev iew and app roval of the Planning Manager.
52. Final Landscape Cert ification. Upon completion of all l andscape work, the project landscape archit ect 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 rev iew and approval of the City Landscape Architect.
END OF CONDITIONS