ZONING ADMINISTRATOR PERMIT
STAFF REPORT
DECEMBER 12, 2023
Prop
osal: 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 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 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 Section s 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]
Gene
ral 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.
Staf
f 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-square- foot 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 drive- through lane and window on its interior, east elevation. Phase 2B would consist of a six-story mixed- use 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 par king 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 bedroom s, 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 r oadway 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 ide ntified 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: Cit y 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 high - density 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 m ore pedestrian -oriented environment in Fremont’s City Center, its five Town Centers, and the other Transit- oriented 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 a n 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, safely- designed 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 a reas 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 (CC-
UN 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 (CC-
UN 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 (CC -
UN Zone)
Proposed Compliant?
Commercial Use (Non -
Healthcare) 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 ground- level units that open onto the public sidewalk . A large entry plaza near the Fremont Boul evard – 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 Ave nue sidewalk and lining the right -of-way with an articulated, open façade to maximize visi bility 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 l andscaping 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, in- grate 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 in - grate street trees within a monolithic sidewalk. On -site, proposed parking lot tree plantings and landscape strips would provide shade cove rage 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 cen ter’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 pr oject. 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.
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 th e 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 to the previously certified EIR.
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 proj ect 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
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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 constructe d 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.
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.
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 t he site in accordance with the applicable provisions of the Landscape Development Requirements & Policies.
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:
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
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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.
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 chec klist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Section s 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 fur ther 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 p roperty 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)