Planning Commission
February 22, 2024
Proposal: GATEWAY PLAZA APARTMENTS APPEAL - 39160 Paseo Padre Parkway - PLN2024-00091 - To consider a third party appeal of the Zoning Administrator’s decision to approve: 1) the
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, 2) 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.
Recommendation: Deny the Appeal and approve the project based upon findings and subject to conditions.
Location: 39160 Paseo Padre Parkway
APN: 507-465-13-1
Area: Development of an approximately 331,832 -square-foot building on a 3.23-acre portion of a 14.86-acre parcel.
People: East Bay Residents for Responsible Development, c/o Kelilah Federman (Adams Broadwell Joseph & Cardozo), Appellant
Mark Rickards and Michael Strahs (Kimco Realty), Applicants Lisa Majchrzak (TCA Architects), Architect
Tyler Whaley (Kimley-Horn), Civil Engineer
Mark Hungerford, Staff Planner, (510) 494 -4541,
[email protected]
General Plan: Commercial – City Center
Zoning: City Center – Urban Office (CC-UO)
EXECUTIVE SUMMARY
INFORMATIONAL ITEM NO. 5
GATEWAY PLAZA APARTMENTS
PLN2024-00129 (PLN2023-00198)
CITY COUNCIL HEARING
04/16/2024
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 2
The Planni ng Commission is being asked to consider a third -party Appeal of the Zoning Administrator’s action of December 12, 2023, to approve a Discretionary Design Review Permit for the Gateway Plaza Apartments project, a proposed residential development consisting of a five-story, 206-unit market -rate apartment building that would be built at the southeastern portion of the Gateway Plaza Shopping Center.
Staff recommends that the Planning Commission find that the Appeal, which challenges the project approval on Cal ifornia Environmental Quality Act (CEQA) and General Plan compliance grounds, lacks merit and that the evidence in the record supports the use of a CEQA Guidelines Section 15332 (Class 32) Infill Exemption, a streamlining exemption pursuant to CEQA Guideli nes Section 15183, and a CEQA addendum pursuant to CEQA Guidelines Section 15162 and 15164.
Staff recommends that the Planning Commission deny the Appeal and uphold the Zoning Administrator’s decision to approve the project, as shown in Exhibit “A,” pursua nt to findings and conditions contained in Exhibit “B.”
BACKGROUND AND PREVIOUS ACTIONS
Site Development/Improvements
Initially developed in the 1960s, the Gateway Plaza Shopping Center covers approximately
15.8 acres of land between Paseo Padre Parkway, Walnut Avenue, Capitol Avenue, and BART Way. The shopping center contains approximately 204,000 square feet of retail - commercial floor area spread across 37 tenant spaces, plus supporting on -site parking fields that contain a total of 820 unassigned vehi cle parking spaces. Anchor tenants within the center include a 62,400 -square-foot supermarket (Raley’s), a 26,000 -square-foot movie theater (Ciné Lounge), and a vacant 26,550 -square-foot building that would be demolished as part of proposed project. The b uilding proposed for demolition has been evaluated for historic significance and been found to possess no qualities that would make it eligible for listing on a historic register.
Zoning Administrator Hearing and Appeal Filing
On December 12, 2023, the Gateway Plaza Apartments project (PLN202 3-00198) was presented at a noticed Zoning Administrator public hearing. Following a presentation from staff that included a project approval recommendation and testimony from the applicant’s legal counsel, two members of the public spoke on the item. One speaker, a local business owner, expressed concerns about construction worker vehicle parking needs, while the other, Rick Franco from Adams Broadwell Joseph & Cardozo representing East Bay Residents for Responsible Development (Appellant) , challenged staff’s finding that the project is eligible for a Class 32 Infill Exemption, that the project is not subject to further environmental review pursuant to CEQA Guidelines Section 15183, and that subsequent CEQA documentat ion is not needed for the project pursuant to CEQA Guidelines Section s 15162 and 15164. After considering testimony and the whole of the record, the Zoning Administrator approved the project, as conditioned.
On December 21, 2023, within the post -action 10-day appeal period, the Appellant filed a qualifying third -party Appeal (PLN2024-00091) of the Zoning Administrator’s approval action. Within the letter that accompanied the Appeal application (Informational Item No. 2), the Appellant makes a number of assertions, including:
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 3
1. The City improperly determined that the project qualifies for a Class 32 Infill Exemption or other exemptions because of potential water quality, air quality, noise, and greenhouse gas impacts stemming from the project;
2. There is a lack of substantial evidence to support approval of the project under a Community Plan (CEQA Guidelines Section 15183) exemption;
3. The specific project was not analyzed in the 2011 General Plan Update Environmental Impact Report (EIR) or the City Center Community Plan;
4. The necessary findings to approve the project entitlements cannot be made; and
5. The project is inconsistent with the Housing Element and Regional Housing Needs Assessment.
A response letter addressing these points has been prepared and included a s Informational Item No. 3. Further analysis o f the matter is included in the Environmental Review section of this report.
Senate Bill 330: Preliminary Application
On December 22, 2022, a Senate Bill 330 Preliminary Application (PRP2023 -00026) 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. Amo ng the applicable ordinances, policies, and standards include those relating to “development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions .” PROCEDURE FOR TONIGHT’S HEARING
The Planning Commission is being asked to consider the following:
1. A finding that the proposed project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15332, Infill Development Projects , and not subject to further environmental review 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 non e of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred;
2. A finding that the proposed project’s Discretionary Design Review Permit is 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
3. A finding that the proposed project’s removal of fifty-eight (58) private protected trees enables reasonable and conforming use of the property.
PROJECT DESCRIPTION
The applicant is requesting approval of a Discretionary Design Review Permit to redevelop a
3.23-acre portion of the Gateway Plaza Shopping Center adjacent to Walnut Avenue and Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 4
BART Way with a new five -story market -rate apartment building containing 206 units.
Parking for the project consists of an integrated five -story parking g arage containing 263 vehicle parking spaces. The project would be built at the southeast edge of the shopping center in an area that’s currently improved with a 26,550 -square-foot commercial building (long a fitness center, but most recently operating as a seasonal retail use) and a 237-space parking field serving existing shopping center uses. These improvements would be demolished as part of project activities, replaced by the proposed building and a new parking field off its southwestern edge containin g 48 vehicle parking spaces. The project building would be designed to be all-electric.
Vehicles would access the building’s parking garage via a single entry off BART Way, a private roadway located off the building’s northeast elevation. Ground floor l obby areas on the building’s southwest (primary lobby) and northeast (secondary lobby) elevations, which face the new parking field and BART Way, respectively, are designed as the building’s pedestrian access points. The new parking field, which is intend ed to serve the shopping center but would double as visitor parking for the project, is accessible from an existing driveway off Walnut Avenue as well as existing shopping center drive aisles that link to Paseo Padre Parkway.
The building would contain fi ve stories of both apartment units and vehicle parking and stand approximately 61’-4” tall. The ground floor Walnut Avenue frontage would consist of resident-exclusive fitness center (2,448 square feet), co -working (2,581 square feet), and bicycle parking (1,456 square feet) amenity spaces. The aforementioned lobby areas, as well as additional amenity and service room areas, would combine with residential units to make up the rest of the building’s ground floor perimeter. Interior areas of the ground flo or would consist of a 7,789 -square-foot courtyard wrapped by residential units, and the first level of the parking garage. Levels 2 – 5 of the building largely mirror each other, with units lining the building’s perimeter and wrapping the garage and open c ourtyard areas. Unique to Level 2 is a 1,726 -square-foot roof deck situated directly over the building’s primary ground floor lobby, and Level 5 features a 1,664 -square-foot rooftop terrace at the building’s southeastern corner, overlooking Walnut Avenue. Of the project’s 206 units, 43 (21%) would be studios, 105 (51%) would contain one bedroom, 54 (26%) would contain two bedrooms, and four (2%) would contain three bedrooms. The average unit size would measure 772 square feet, and the overall density equates to 63.8 dwelling units per acre.
Within the project boundaries there are currently 58 private protected trees. Roughly half of these trees are located within the existing parking field adjacent to Walnut Avenue, and the other half are located along BART Way. Of these, 36 trees are proposed for removal and two trees are proposed for relocation elsewhere on -site. A total of 114 new trees are proposed with the project, including 36 mitigation trees, 27 new parking lot trees, and 16 new street trees within tree grates along Walnut Avenue and BART Way.
Frontage improvements for the project include creation of a 14’ monolithic public sidewalk with street trees along the Walnut Avenue project frontage and a 10’ monolithic sidewalk (proposed as a public ac cess easement) with street trees along BART Way. The existing Class IV bikeway along the Walnut Avenue frontage would remain unmodified, and BART Way would be upgraded to a Class III bikeway through the addition of shared bicycle roadway markings (“sharrows”) in conjunction with project development.
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 5
As outlined in this report’s tables below and further described in the Project Analysis section, 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 d isapproved 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 th e 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 subjec t site is Commercial – City Center. This land use designation applies to the roughly 460 acres in the heart of Fremont, which is intended to serve as the City’s primary center of employment, commerce, culture and entertainment. The designation intends to foster a more urban, pedestrian -focused environment that accommodates uses such as mid - to high-rise residential and mixed -use developments. The proposed project would redevelop a segment of a suburban -style shopping center with a dense, mid -rise apartme nt building that features a pedestrian - oriented design and easy access to public transit (Fremont BART is roughly ¼ -mile north of the project site, and the site is served locally by 99, 200, 212, 216, 239, and 251 Alameda County Transit Authority bus lines ) in accordance with City Center objectives. In addition, the project would be consistent with the following goals, policies, and implementation measures of the General Plan:
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 crea te 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 th e City, and should take care not to siphon off demand for these uses to other 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 developme nt in Fremont’s designated Centers. The most intense development in the City, and the principal location for any high -rise Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 6
construction, should be the City Center.
COMMUNITY PLANS POLICY 11 -4.1: City Center Sub -Districts - Create a stronger identity for F remont’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 pe destrians 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 -4.4: 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 more 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 cen ters, 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.
HOUSING ELEMENT POLICY 3.04: In tensify Residential Development within Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 7
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 dev elopment. 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 project is consi stent with the General Plan, 2023 -31 Housing Element, and City Center Community Plan. The project’s redevelopment of the southeastern portion of the Gateway Plaza Shopping Center with a compact, mid -rise apartment building would locate dense housing in a t ransit-rich location in close proximity to goods, services, civic amenities, and jobs. The project would bring additional activation to the site and further aims of creating vibrancy within the greater downtown. The project is designed to maximize pedest rian-orientation, with the building located near the back of the Walnut Avenue and BART Way sidewalks and appropriate frontage types incorporated along its three public -facing elevations. Building frontages would feature double -height, highly - transparent ground floors to enliven these more publicly -visible spaces and their interior functions. In addition to the numerous offerings within Gateway Plaza, several major retailers including Target, Whole Foods Market, and other businesses are located within short walking distance of the site, which contributes to the site’s high resource area designation in the Housing Element and increases the likelihood of the project to add more foot traffic to the area. Walkability of the project is further enhanced by its close proximity to major employers such as Kaiser Permanente, Washington Hospital and City of Fremont offices. Additionally, the project would provide a new, expanded sidewalk along the site’s Walnut Avenue frontage and a new sidewalk along its BART Way f rontage, plus the introduction of shared bicycle roadway markings along BART Way to further provide safer, more convenient travel options.
The Gateway Plaza Shopping Center is identified as an underutilized parcel in Table 8 -16 – Vacant and Nonvacant Site s Inventory of the Housing Element. The shopping center was included in the Sites Inventory because of its likelihood for at least partial redevelopment during the next housing cycle. The projected residential capacity at buildout of the site is 645 units. In this initial phase, the project would redevelop a smaller 3.23 -acre portion of the shopping center to achieve nearly one -third of this projected residential capacity. With a total land area of nearly 15 acres, further redevelopment of the shopping c enter property in the future could reasonably be assumed to achieve the full buildout capacity as identified in the Housing Element. Additionally, the applicant has elected to pay the affordable housing in-lieu fees in compliance with the City’s Affordable Housing Ordinance. The fees collected by the City will help fund development of affordable housing projects citywide.
Per the Land Use Element, residential -exclusive projects within Commercial – City Center designated areas are not subject to floor area ratio (FAR) or residential density standards.
The proposed project has a FAR of 2.37 and a density of 63.77 units per acre based on project site area.
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Zoning Compliance:
The project site is zoned City Center – Urban Office (CC-UO). The Urban Office zone, one of three unique zoning areas within the City Center District, is generally applied to areas northeast of Paseo Padre Parkway and southwest of the Fremont BART Station. The City Center District implements the standards of the adopted Transit Overlay D istrict, as applicable. The following table illustrates the proposed project’s compliance with applicable standards of the CC-UO zone:
Development
Standard
Requirement (CC-
UO Zone)
Proposed Compliant?
Building Site Depth Minimum: 100 feet
Maximum: 400 feet
393 feet Yes
Building Site Width Minimum: 75 feet
Maximum: 400 feet
212 feet Yes
Building Height Maximum: 10 stories 6 stories Yes
Ground Floor Height Minimum: 16 feet 16 feet Yes
Upper Story Heights Minimum: 10 feet
10+ feet Yes
Front Setback
Minimum: Zero
Maximum: 10 feet
6 feet Yes
Side Setback Minimum: Zero
Maximum: N/A
Approx. 29 feet
(BART Way) and 350
feet (Paseo Padre
Parkway)
Yes
Rear Setback Minimum: 10 feet
Maximum: N/A
32 feet 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, Semi-Public
Open Space
Minimum: 15% of
site area (21,097 SF)
28,347 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
125+ CF per unit
(all)
Yes
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 9
Properties within the City Center District are required to be developed with “urban” frontage types. The proposed project incorporates the shopfront frontage type on Walnut Avenue and the forecourt frontage type on its BART Way and interior surface parking lot edges. Per Fremont Municipal Code (FMC) Table 18.43.220, both of these frontage types are permitted in the CC -UO zone. The following table illustrates the proposed p roject’s compliance with applicable building frontage requirements:
Development
Standard
Requirement (CC-
UO Zone)
Proposed Compliant?
Storefront Glazing
(Shopfront Standard)
Minimum: 70% of
façade
70%+ Yes
Walls Without Openings
(Shopfront Standard)
Maximum: 10 LF <10 LF Yes
Height to Top of
Opening
(Shopfront Standard)
Minimum: 12 feet
Maximum: 22 feet
13.5 feet Yes
Width of Bays
(Shopfront Standard)
Minimum 8 feet
Maximum: 25 feet
8.5 feet – 9 feet Yes
Height of Bulkhead
(Shopfront Standard)
Minimum: 8 inches
Maximum: 3.5 feet
1 foot Yes
Forecourt Width
(Forecourt Standard)
Minimum: 25 feet 26 feet Yes
Forecourt Depth
(Forecourt Standard)
Minimum: 25 feet 25 feet Yes
The table below illustrates the proposed project’s compliance with parking standa rds applicable to the CC-UN district:
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 10
Additionally, the proposed project would result in the removal of 237 surface parking spaces that serve existing shopping center uses. The portion of the impacted surface parking lot area located southwest of the proposed building would be redesigned to accommodate 48 new vehicle parking spaces. The net-loss of 189 vehicle parking sp aces would not render the shopping center’s on-site parking count nonconforming, per the table below:
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.
Architecture
Development
Standard
Requirement (CC-
UO Zone)
Proposed Compliant?
Residential Automobile
Parking (Exclusive Use)
Minimum: 1 space
per dwelling unit
(206 spaces)
Maximum: 2 spaces
per dwelling unit
(412 spaces)
263 spaces Yes
Bicycle Parking Short-term:
Minimum 4 + 1 per
10 units (25 spaces)
Long-term:
Minimum 2 + 0.5
per unit (105
spaces)
26 short-term
spaces; 136 long-
term spaces
Yes
Development
Standard
Requirement (CC-
UO Zone)
Proposed Compliant?
Commercial Use (Non -
Healthcare) Parking
*Proposed Shopping
Center GFA: 177,554 SF
Minimum: 3.3
spaces per 1,000 SF
(586 spaces)
Maximum: 5 spaces
per 1,000 SF (888
spaces)
3.54 spaces per
1,000 SF (631
spaces)
Yes
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 11
Project design is consistent with the objective standards adopted in the City Center Community Plan and CC-UO 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 qual ity materials and details to express a welcoming urban character.
The proposed project features a clean, contemporary design that fits the vision for mid -rise buildings within the site’s City Center setting. The project enhances the Walnut Avenue streetscape by featuring a pedestrian -scaled architectural design that includes minimal building setbacks and ground -floor aluminum storefront systems featuring sizable openings and a high -degree of transparency. Plane -breaks and other forms of massing relief have been thoughtfully incorporated into the project to refine and enhance the building’s appearance. Proposed stucco, stone tile, and composite wood panel applications are successfully integrated into building facades, and mesh screening with supporting clim bing vines will sufficiently screen the limited area of parking garage exposure at the rear of the building.
Landscaping/Open Space
The project features an attractive urban landscape design that targets specific “zones” of the project for different plant and hardscape treatments based on the areas’ intended function. The project’s Walnut Avenue and BART Way frontages would feature street trees within 5’ × 10’ grates and amenities such as short -term bicycle parking spaces and freestanding lighting to enhan ce the streetscape and accentuate the building’s edges. On the southwestern edge of the site, where the building opens onto the surface parking lot, enhanced linear “rail” paving would mix with in -grate trees and potted plants to provide a welcoming plaza and entry element to the project. The relatively narrow open space areas located between the proposed building and the existing retail shops would be designed with an active turf area, custom wood bench seating, and decorative paving and lighting.
The gr ound-floor of the building would include a large amenity courtyard that features a pool with an adjacent daybed and chaise lounge area, a barbeque area with table seating, a focal trellis, and a fire table. Mixed with these amenities would be a variety of trees and shrubs to create a more natural setting. Smaller terrace areas on the building’s second and sixth floors would provide more passively-designed open space areas for tenant enjoyment.
Tree Removal
The project’s tree inventory chart identifies 58 trees at the site that qualify for protection under the City’s Tree Preservation Ordinance. The project proposes to remove 36 and relocate two of these private protected trees to enable reasonable and conforming use of the property. The most numerous of the trees to be removed – redwoods (13), crepe myrtles (8), and chinese pistache (8) – are generally located along BART Way, in the area of the proposed building’s footprint, and in the existing surface parking field that would be redesigned.
A total of 114 new trees are proposed with the project, including 36 mitigation trees, 27 new parking lot trees, and 16 new street trees within tree grates along Walnut Avenue and BART Way.
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 Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 12
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 commiss ioning 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. As proposed, the project does not include on-site artwork.
Off-Site Improvements
No right-of-way dedications are required for the proposed project, and the existing Walnut Avenue roadway width and protected bicycle lane would remain unmodified by the project.
The existing substandard Walnut Avenue sidewalk would be expanded and modified along the full extent of the project’s approximately 375 LF frontage to consist of a 14’ -wide, monolithic sidewalk with in -grate street trees in acco rdance with General Plan and City Center District complete streets policies.
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 affordable housing units.
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, plannin g 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, the City Center Community Plan , and Cit y Center District zoning with respect to site planning, massing, architecture, and other urban design characteristics. The project is aligned with the objectives of the City Center Community Plan in that it delivers a dense residential development that pr ovides 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.
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(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; and
Analysis: 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 w ithin 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.
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 36 prote cted 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 property. All trees to be removed cannot be pre served 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.
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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 subst antial 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 environmen tal 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 o r 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 feas ible 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 Consistency Checklist (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 Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 15
certified General Plan Update EIR for the project pursuant to CEQA Guideline s 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.
CITY FEES
The project will be su bject to development impact fees for Capit al Facilities, Fire Facilities, Traffic, Parkland, and Park Facilities, as well as affordable housing fees.
ENVIRONMENTAL REVIEW
The project is exempt from the requirements of CEQA pursuant to a Class 32 Infill Exemption, as the project is consistent with the General Plan and Zoning Ordinance; would occur within the city limits on a site no greater than five acres substantially surrounded by urban uses; would occur on a site that has no habitat value for endangered , rare or threatened species; would not result in significant effects relating to traffic, noise, air quality and water quality; and is on a site adequately served by utilities and public services.
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 r eport and detailed in the accompanying 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 and 15164 as no substantial changes are proposed in the project that would req uire 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 Gene ral 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.
Following the Appeal filing, staff commissioned CEQA consultant Lamphier -Gregory to prepare a response letter that addresses the specific claims made in the Appellant’s challenge letter. The response letter establ ishes that the project is consistent with the General Plan, that potential project impacts on the environment were properly disclosed in the CEQA Environmental Consistency Checklist, and that the City’s use of CEQA streamlining in accordance with CEQA Guid elines Section 15183 and no additional CEQA analysis pursuant to CEQA Guidelines Sections 15162 and 15164 were appropriate for the project.
Planning Commission Report (ID # 5092) Meeting of February 22, 2024 GATEWAY PLAZA APARTMENTS APPEAL PLN2024-00091 Page 16
Additionally, the response letter further establishes project qualification for the Class 32 Infill Exemption.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A total of 256 notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupants were mailed on February 8, 2024. A Public Hearing Not ice was published by The Tri-City Voice on February 6, 2024.
RECOMMENDATION
1. Hold public hearing.
2. Find that, without limitation and on a separate and independent basis, the project is exempt from the requirements of CEQA pursuant to CEQA Guideline s Section 15332, Infill Development Projects, and not subject to further environmental review 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;
3. Find the requested Discretionary Design Re view 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. Deny the third -party Appeal (PLN2024 -00091) and approve the Discretionary Design Review Permit (PLN2023-00198), as shown in Exhibit “A,” subjec t to findings and conditions contained in Exhibit “B.”
ENCLOSURES
• Exhibit A - Project Plans
• Exhibit B - Findings and Conditions of Approval
• Informational Item No. 1 - CEQA Environmental Consistency Checklist • Informational Item No. 2 - Appeal Letter
• Informational Item No. 3 - Appeal Response Letter