Planning Commission
February 22, 2024
Proposal: FREMONT HUB MIXED -USE APPEAL - 39150 Argonaut Way - PLN2024-00090 - To consider a third -party Appeal of the Zoning Administrator’s decision to approve: 1) the
Discretionary Design Review Permit (under PLN2022 -00487) to allow a proposed mixed -use development consisting of a freestanding 13,000 -square-foot retail -pharmacy building with a drive -through lane and a six -story mixed -use building containing 314 apartment units and 14,157 square feet of retail-commercial space at 39150 Argonaut Way in the Central Community Plan Area; and, 2) 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 a n 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: 39150 Argonaut Way
APN: 501-976-12
Area: Development of approximately 27,157 square feet of retail - commercial floor area and 314 apartment units on a 5.86 -acre portion of a 37.3-acre parcel.
People: East Bay Residents for Responsible Development , c/o Ariana Abedifard (Adams Broadwell Joseph & Cardozo), Appellant Mark Rickards and Michael Strahs (Kimco Realty), Applicant Lisa Majchrzak (TCA Architects), Architect
Jonathan Tang (BKF Engineers), Civil Engineer
Mark Hungerford, Staff Planner, (510) 494 -4541,
[email protected]
General Plan: Commercial – City Center
Zoning: City Center – Urban Neighborhood
EXECUTIVE SUMMARY
INFORMATIONAL ITEM NO.5
FREMONT HUB MIXED-USE
PLN2024-00128(PLN2022-00487)
CITY COUNCIL HEARING
04/16/2024
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 2
The Planning 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 Fremont Hub Mixed -Use project, a proposed m ixed-use development at the northern corner of the Fremont Hub shopping center involving a new 13,000 -square-foot retail-pharmacy building and a six -story mixed -use building containing 314 market -rate apartment units and 14,157 square feet of ground floor retail-commercial space.
Staff recommends that the Planning Commission find that the Appeal, which challenges the project approval on California Environmental Quality Act (CEQA) grounds, lacks merit and that the evidence in the record supports the use of a streamlining exemption pursuant to , without limitation, CEQA Guidelines Section 15183 and a CEQA addendum pursuant to CEQA Guidelines Sections 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,” pursuant to findings and conditions contained in Exhibit “B.”
BACKGROUND AND PREVIOUS ACTIONS
Site Development/Improvements
Initially developed in the early 1960s, the Fremont Hub Shopping Cen ter 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 supporti ng 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). Fourte en 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 histor ic significance and been found to possess no qualities that would make them eligible for listing on a Federal, State, or local historic register.
Zoning Administrator Hearing and Appeal Filing
On December 12, 2023, the Fremont Hub Mixed -Use project (PLN2022-00487) 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, five members of the public spoke on the item. O f the public speakers, four were opposed to the project and one was in favor of the project. In addition to those speakers who raised concerns about the project’s potential to negatively impact area traffic and public safety, Ariana Abedifard from Adams B roadwell Joseph & Cardozo representing East Bay Residents for Responsible Development (Appellant) challenged staff’s finding that the project is not subject to further environmental review pursuant to CEQA Guidelines Section 15183, and that subsequent CEQA documentation is not needed pursuant to CEQA Guidelines Section 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 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 # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 3
1. There is insufficient evidence to support approval of the project under a Community Plan (CEQA Guidelines Section 15183) exemption;
2. The specific project was not analyzed in the 2011 General Plan Update Environmental Impact Report (EIR) or the City Center Community Plan;
3. The project may result in new and significant soil and groundwater contamination impacts;
4. The project may result in new and significant construction and operational impacts , including those related to air quality, traffic, noise, and greenhouse gas emissions; and
5. A subsequent or supplemental EIR is needed for the project.
A response letter addressing these points has been prepared and included as Informational Item No. 3. Further analysis of 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 -00027) for the project was deemed complete, as submitted, pursuant to the California Housing Crisis Act of 2019. Ac cordingly, the project is subject only to the ordinances, policies, and standards adopted and in effect at the time of Preliminary Application submittal. Among th e applicable ordinances, policies, and standards are those relating to “development impact fe es, 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 not subject to further en vironmental 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 Gui delines Sections 15162 and 15164, as none 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 th e vicinity as enumerated within the staff report; and
3. A finding that the proposed project’s removal of sixty -two (62) private protected trees enables reasonable and conforming use of the property.
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 improvement s would be demolished as part of project activities.
Phase 1A would consist of a new freestanding, 13,000 -square-foot retail-pharmacy building Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 4
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 bu ilding 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 th e 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 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 cont ain 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 residenti al lobby, and parking garage area (south and west elevations). The building’s second floor podium level would contain residential units and 31,445 square feet of common open space in the form of four separate courtyards, two terrace areas, and a dog park, plus indoor clubroom, fitness, and general amenity spaces. Stacked flats would comprise floors 3 – 6, with the sixth floor featuring a roof terrace with an adjacent indoor lounge area on its northeastern corner, overlooking Fremont Boulevard. Of the projec t’s 314 units, 40 (13%) would be studios, 154 (49%) would contain one bedroom, 107 (34%) would contain two bedrooms, and 13 (4%) would contain three bedrooms. The average unit size would measure 839 square feet, and the overall density equates to 55 dwelli ng 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 b e designed with 17’-wide travel lanes in each direction and parking on both sides of the roadway. Ground floor spaces of the mixed -use building would open onto an interconnected series of plaza spaces situated between the building and the roadway that total 21,213 square feet in total area. The plaza spaces would feature accent paving, raised seat wall planters, bicycle racks, and other open space amenities. The Mowry Avenue frontage adjacent to the Phase 1A improvement area would feature a 14’ -wide monolithic sidewalk with street trees in grates.
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 criteri a, 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 Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 5
disapproved or approved upon the condition that the p roject be developed at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the identified adverse impact described in (1) other than by disapproving the housing project or imposing conditions that require development at a lower density.
PROJECT ANALYSIS
General Plan Conformance
The General Plan land use designation for the subject site is Commercial – City Center. This land use designation applies to the roughly 540 acres in the heart of Fremont, includes the Downtown and City Center Community Plan Areas and corresponding 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 Cen ter. 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 o n 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 deci sions throughout Fremont should support the vision of the City Center as the heart of the 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 development in Fremont’s designated Centers. The most intense development in the City, and the principal location for any high -rise construction, should be the City Center.
COMMUNITY PLANS POLICY 11 -4.1: City Center Sub -Districts - Create a stronger identity for Fremont’s City Center and its different sub -districts. City Center should be a recognizable and memorable place. It should evolve from its current form into a more urban e nvironment with taller buildings, denser Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 6
development, mixed-uses, new amenities for pedestrians and bicyclists, and other features typical of a full -service downtown. Each sub -district of the 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 developm ent 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 Cit y 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, demograph ics, 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 convenie nt 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.
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 developme nt (reducing the need to drive Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 7
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 fr eestanding 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 t ransformation into a more urban, diverse, and transit -oriented development consistent with the General Plan, including the Housing Element, and City Center Community Plan. The project would activate what is currently an exclusively retail - commercial site and form synergy with dense mixed -use developments along Capitol Avenue, contributing to the vibrancy of the emergent downtown and City Center area. The two proposed buildings, their parking and drive aisle areas, and the project’s attractive, 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 proj ect 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 developm ent at an urban scale in a high resource neighborhood. 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 affo rdable 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 Dist rict (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 thre e unique zoning areas within the City Center District, generally applies to areas south of the downtown and is intended to support the downtown and employment core areas with a wide variety of housing, services, and retail -commercial uses. The following t able illustrates the proposed project’s compliance with applicable standards of the CC-UN zone:
Development
Standard
Requirement (CC-
UN Zone)
Proposed Compliant?
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 8
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 - Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 9
use building’s Fremo nt 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 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
The table below illustrates the proposed project’s compliance with parking standards applicable to the CC-UN district:
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 10
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
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 11
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 a ll 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 pub lic 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 Boulevard – Capitol Avenue corne r 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 stor efront 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 are as. The retail -pharmacy building similarly addresses its frontage by orienting its front door to the Mowry Avenue sidewalk and lining the right-of-way with an articulated, open façade to maximize visibility into the building’s interior. A materials palet te consisting of stucco and composite panel siding is accentuated by aluminum louver and metal canopy elements to further add to the building’s visual interest.
Landscaping/Open Space
The project features landscaping and other urban design elements that enhance the two buildings and their surrounding environments. The mixed -use building’s Fremont Boulevard frontage would feature a row of on -site, building -fronting trees that would complement a separate row of new, in -grate street trees planted within th e monolithic right -of-way. The bulk of the project’s grade-level landscaping would occur along the driveway extension from 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
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 12
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 coverage for the building’s parking fields and help screen parkin g areas from right -of-way view. A safe, landscape -lined contiguous pedestrian connection from the Mowry Avenue public sidewalk through to the mixed-use building (and, from there, the remnant portions of the shopping center) would be provided.
Tree Removal
The project’s tree inventory chart identifies 85 trees at the site that qualify for protection under the City’s Tree Preservation Ordinance. The project proposes to remove 62 of these private protected trees to enable reasonable and conforming use of the property. The most numerous of the trees to be removed – various palms (14), sycamores (11), and Modesto Ash (10) – are generally parking lot trees, trees located along portions of the property abutting the off -site gasoline service station property, and trees located within portions of the shopping center’s paseo areas that would be repurposed as part of this proposal as open space areas.
A total of 232 new trees are proposed with the project, including 59 mitigation trees and 18 street trees (10 on Fremont Boulevard, eight on Mowry Avenue).
City Center Art
The City Center District has an established art program that promotes artwork installations, art education, and arts experiences throughout the district. The City Center Art Program is funded by art fees collected for new public and private developments. The project applicant would be required to pay the full art fee (currently $0.72 per square foot of construction) or pay 50 percent of the required art fee and use the remaining 50 percent of the fee for an on-site public art installation. Any in -lieu fees would be added to the City Center Art Fund for the commissioning and installation of artwork within the district. However, if the applicant elects to incorporate art into the project, the applicant w ould 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 Fre mont 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 Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 13
frontage, a 3.9’ street right -of-way easement dedication is necessary to provide a 14’ -wide monolithic sidewalk with street trees. Additionally, grind and overlay of the western half of the Fremont Boulevard roadway between Mowry Avenue and Capitol Avenue would be required.
Affordable Housing
Pursuant to Fremont Municipal Code (FMC) Chapter 18.155, the applicant proposes payment of affordable housing in -lieu fees rather than providing below market rate units as part of the project. The ordinance specifies that payment of fees is an acceptable alternative to providing below market rate units within the project. The final fee amount would be calculated based on the project’s individual unit sizes with the fee in effect at the time of building permit issuance. Affordable housing fees paid to the City will be used for future development of 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, planning and zoning regulations, and any adopted design rules and guidelines.
Analysis: The proposed project is designed in conformance with the requirements of the Commercial – City Center designation of the General Plan, 2023 -31 Housing Element, the City Center Community Plan , and City Center District zoning with respect to site planning, massing, architecture, and other urba n 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 i s 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 Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 14
Analysis: The proposed mixed -use project, as desi gned, will not interfere with the use and enjoyment of adjacent developments, nor will it be detrimental to public health, safety, or welfare, as it is compatible in scale and use with development allowances within the City Center District. Additionally, Building Division and Fire Department staff have reviewed the project and found that it can be constructed in conformance with all applicable California Building and Fire Code life safety regulations, thereby minimizing project potential for detrimental im pacts 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 the 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;
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 15
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Analysis: As documented in the CEQA Environmental Consistency Checklist prepared for the project, none of the cr iteria listed above has occurred. This checklist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed project, which is within the scope of the EIR, and that no further CEQA documentation is required.
CITY FEES
The project will be subject to development impact and affordable housing fees. The residential component of the project will be subject to payment of Capit al Facilities, Fire Facilities, Traffic, Parkland, Park Facilities, and Affordable Housing fees. The commercial component of the project, subject to credits for existing commercial square footag e being demolished as part of the project, would be subject to payment of Capit al Facilities, Fire Facilities, and Traffic fees, as applicable.
ENVIRONMENTAL REVIEW
Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 16
The City Center Community Plan was adopted by the Fremont City Council in May 2015. The Community Plan implements the General Plan, which was last comprehensively updated in December 2011 in a process that included preparation and certification of an EIR. As described within this report and detailed in the accompanying CEQA Environmental Consistency 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 requires no further environmental review in accordance with CEQA Guid elines 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 in dicate the project would have any new or more significant effects or require new or additional mitigation than what was included in the General Plan Update EIR. The programmatic mitigation measures from the General Plan Update EIR and/or the standard devel opment 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 addresse s the specific claims made in the Appellant’s CEQA challenge letter. The response letter establishes that project impacts under CEQA w ere properly disclosed in the CEQA Environmental Consistency Checklist, and that the City’s use of CEQA streamlining in accordance with CEQA Guidelines Section 15183 and no additional CEQA analysis pursuant to CEQA Guidelines Sections 15162 and 15164 were appropriate for the project.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A total of 88 3 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 Notice was published by The Tri-City Voice on February 6, 2024.
RECOMMENDATION
1. Hold the public hearing.
2. Find that no further environmental review is required for the project pursuant to CEQA Guidelines Section 15183, as the project is consistent with the density established by the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15164, as none of the circumstances requi ring preparation of a subsequent or Planning Commission Report (ID # 5090) Meeting of February 22, 2024 FREMONT HUB MIXED-USE APPEAL PLN2024-00090 Page 17
supplemental EIR have occurred;
3. Find the requested Discretionary Design Review Permit consistent with the City’s General Plan and that the proposed site is physically suitable for the type, density, and intensity of the proposed use, would be compatible with development in the vicinity, and would not be detrimental to the public health, safety, or welfare of persons or property in the vicinity as enumerated within the staff report; and
4. Deny the third -party Appeal (PLN2024 -00090) and approve the Discretionary Design Review Permit (PLN2022 -00487), as shown in Exhibit “A,” subject 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