Minutes Planning Commission – February 22, 2024 PAGE 1
MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 22, 2024
CALL TO ORDER: Chairperson Zhang called the meeting to order at 7:00 p.m.
PRESENT: Chairperson Zhang
Vice Chairperson Basrai
Commissioners Liu, Ramamurthi, Steckler, Yee
ABSENT: Commissioner Rao
STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Mark Hungerford, Senior Planner
Mayank Patel, Associate Planner
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician
APPROVAL OF MINUTES: Commissioner Steckler moved to approve minutes for the regular meeting of January 25, 2024 and Commissioner Yee seconded. Motion carried by all present.
DISCLOSURES: Commissioner Liu drove by the proposed project site for Item 2 (PLN2024-00090).
Commissioner Yee visited the proposed project sites for Item 1 (PLN2023-00143), Item 2 (PLN2024 -00090), and Item 3
(PLN204-00091). Commissioner Yee also spoke with the
applicant for Items 2 and 3; as well as business owners, residents, and non-residents in the areas related to Items 2 and 3.
Vice Chairperson Basrai drove by the proposed project sites for Item 1 (PLN2023-00143), Item 2 (PLN2024 -00090), and Item 3 (PLN204-00091).
Chairperson Zhang drove by and walked the properties of the proposed project sites for Item 1 (PLN2023 -00143), Item 2 (PLN2024-00090), and Item 3 (PLN204-00091).
INFORMATIONAL ITEM NO. 7
GATEWAY PLAZA APARTMENTS
PLN2024-00129 (PLN2023-00198)
CITY COUNCIL HEARING
04/16/2024
Minutes Planning Commission – February 22, 2024 PAGE 2
Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes:seconds). Video webcasts of Planning Commissi on meetings can be found at: https://fremontca.viebit.com/#
CONSENT CALENDAR None
PUBLIC/ORAL
COMMUNICATIONS Matthew Beeston , representing the Northern California Carpenters Union, advocated in general regarding labor standards.
PUBLIC HEARING ITEMS
Item 1. WITHERLY LANE HOMES – 830 Witherly Lane – PLN2023-00143 – To (00:09:22) consider a Design Review Permit, Vesting Tentative Tract Map No. 8546, and a Private Street in conjunction with a proposal to subdivide the three-lot, 4.15-net-acre site into 10 single-family lots at 830 Witherly Lane in the Mission San Jose Community Plan Area and to consider a finding that no further environmental review is required pursuant to an exemption from the requirements of the Calif ornia Environmental Quality Act (CEQA) per CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously pre pared and certified.
There were no public speakers for this project.
IT WAS MOVED (BASRAI/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
CONTINUED ITEM TO THE MARCH 28, 2024 PLANNING COMMISSION MEETING.
The motion carried by the following vote:
AYES: 6 – Basrai, Liu, Ramamurthi, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 1 – Rao
RECUSE: 0
Item 2. FREMONT HUB MIXED-USE APPEAL – 39150 Argonaut Way – PLN2024- (00:10:39) 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 th e California Environmental Quality Act (CEQA) pursuant to
Minutes Planning Commission – February 22, 2024 PAGE 3
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.
Planning Manager Joel Pullen introduced the item.
Senior Planner Mark Hungerford gave a comprehensive presentation and answered questions from the Commission regarding phase one (1) of the proposed project as it relates to the existing CVS Pharmacy.
Chairperson Zhang opened the public hearing on this item.
The appellant, Ariana Abed ifard with Adams Broadwell Joseph & Cardozo , representing East Bay Residents for Responsible Development , spoke to the specifics of their appeal, and responded to questions regarding construction impacts and emissions, as compared to other construction projects.
The applicant, Michael Strahs with Kimco Realty, spoke to the proposed development project; and Bryan Wenter, land use attorney with Miller Starr Regalia representing Kimco Realty, spoke to issues related to the appeal. Michael Strahs then responded to questions from the Commission related to demolition and construction hours, contact with and utilization of union workers, development timelines, plans to activate commercial space and revitalization of the Hub, and the expected types of retailers.
Brandon Evans , representing IBEW Local 595, spoke in favor of the appeal , and requested that a project level Environmental Impact Report (EIR) be done.
Lisa Danz and Shahin Olyaie both spoke (separately) in favor of the development project, and opposed the appeal.
Kelly Abreu commented on the production of reactive organic compounds and other environmental issues that occur during construction.
Ariana Abedifard spoke in rebuttal, stating that the City must comply with CEQA by providing a project level EIR to disclose and mitigate significant health and noise impacts.
Michael Strahs spoke in rebuttal, requesting that the Commission deny the appeal and approve the proposed development project. Bryan Wenter then spoke in rebuttal to the matters related to CEQA and the previously prepared EIR.
Chairperson Zhang closed the public hearing on this item.
Minutes Planning Commission – February 22, 2024 PAGE 4
Senior Planner Mark Hungerford and Planning Manager Joel Pullen responded to clarifying questions from the Commission regarding CEQA, the City’s General Plan, distance measurements for noise studies, and calculations of emissions from construction, with assistance from the City’s environmental consultant, Scott Gregory with Lamphier-Gregory.
IT WAS MOVED (YEE/RAMAMURTHI) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE PROJECT PURSUANT TO CEQA GUIDELINES SECTION 15183, AS THE
PROJECT IS CONSISTENT WITH THE DENSITY ESTABLISHED BY THE
GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AND CEQA GUIDELINES SECTIONS 15162 AND 15164, AS NONE OF THE
CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND
FOUND 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
DENIED THE THIRD-PARTY APPEAL (PLN2024-00090) AND APPROVED THE DISCRETIONARY DESIGN REVIEW PERMIT (PLN2022-00487), AS SHOWN IN EXHIBIT “A,” SUBJECT TO FINDINGS AND CONDITIONS CONTAINED IN EXHIBIT “B.”
The motion carried by the following vote:
AYES: 6 – Basrai, Liu, Ramamurthi, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 1 – Rao
RECUSE: 0
Chairperson Zhang called for a brief recess at 8:29 p.m. and reconvened the meeting at 8:39 p.m.
Item 3. GATEWAY PLAZA APARTMENTS APPEAL – 39160 Paseo Padre Parkway – (01:41:34) PLN2024-00091 – To consider a third party appeal of the Zoning Administrator’s decision to ap prove: 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
Minutes Planning Commission – February 22, 2024 PAGE 5
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 15 183, 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 circumst ances requiring preparation of a subsequent or supplemental EIR have occurred.
Planning Manager Joel Pullen introduced the item.
Senior Planner Mark Hungerford gave a comprehensive presentation and answered questions from the Commission regarding distance measurements related to the conducted noise studies.
Chairperson Zhang opened the public hearing on this item.
The appellant, Kelilah Federman with Adams Broadwell Joseph & Cardozo , representing East Bay Residents for Responsible Development , spoke to the specifics of their appeal. The Commission posed no clarifying questions to the appellant.
The applicant, Michael Strahs with Kimco Realty, spoke to the proposed development project; and Bryan Wenter, land use attorney with Miller Starr Regali a representing Kimco Realty, spoke to issues related to the appeal. Bryan Wenter offered clarifying comments regarding the specific CEQA sections that streamline the environmental review process for eligible infill projects.
Lisa Danz spoke in favor of the development project, and opposed the appeal.
Jim Griffin expressed concern over parking, as well as ingress and egress, for the proposed project.
Kelly Abreu spoke in favor of the development project. The speaker also commented on the abundance of parking lots in the downtown area, and sensitivity receptors related to projects outside of the City of Fremont.
The appellant, Kelilah Federman , spoke in rebuttal, stating that the environmental effects of the project with respect to health risk, air quality, construction, and noise, must be analyzed and mitigated in a subsequent EIR in order to comply with CEQA; and that the mitigation measures proposed for the project do not adequa tely mitigate the potentially significant impact.
The applicant, Michael Strahs and Bryan Wenter, both spoke in rebuttal, requesting that the Commission deny the appeal and approve the proposed development project.
Bryan Wenter further commented that the project was protected by the Housing Accountability Act, and that it was the type of project that the law and streamlining approaches for CEQA exemptions exist for.
Minutes Planning Commission – February 22, 2024 PAGE 6
Chairperson Zhang closed the public hearing on this item.
Senior Planner Mark Hungerford responded to a clarifying question from the Commission regarding notification and feedback from the community regarding the proposed project.
IT WAS MOVED (YEE/BASRAI) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND THAT, WITHOUT LIMITATION AND ON A SEPARATE AND
INDEPENDENT BASIS, THE 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#2 010082060) 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;
AND
FOUND 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
DENIED THE THIRD-PARTY APPEAL (PLN2024-00091) AND APPROVED THE DISCRETIONARY DESIGN REVIEW PERMIT (PLN2023-00198), AS SHOWN IN EXHIBIT “A,” SUBJECT TO FINDINGS AND CONDITIONS CONTAINED IN EXHIBIT “B.”
The motion carried by the following vote:
AYES: 6 – Basrai, Liu, Ramamurthi, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 1 – Rao
RECUSE: 0
Item 4. 2023 Annual Progress Report – Citywide – To consider an annual report on the status (02:19:13) of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines
Minutes Planning Commission – February 22, 2024 PAGE 7
§15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
Planning Manager Joel Pullen introduced the item.
Associate Planner Mayank Patel gave a comprehensive presentation and responded to questions from the Commission with assistance from Planning Manager Joel Pullen regarding Accessory Dwelling Units (ADU), affordable housing units , and Senate Bill (SB) 9.
Chairperson Zhang opened the public hearing on this item.
Kelly Abreu commented on the reduced population of Fremont over the last couple of years and the lack of density in the residential areas of Niles and Mission San Jose.
Chairperson Zhang closed the public hearing on this item.
IT WAS MOVED ( RAMAMURTHI/STECKLER) AND CARRIED BY THE
FOLLOWING VOTE (6 -0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND
RECOMMENDED THAT THE CITY COUNCIL:
FIND THE ANNUAL PROGRESS REPORT (APR) IS EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH ON A SEPARATE AND INDEPENDENT BASIS, PURSUANT TO CEQA GUIDELINES §15061 (REVIEW FOR EXEMPTION), §15183 (PROJECTS
CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZO NING), AND §15378 (PROJECT);
AND
ACCEPT EXHIBIT “A” AND EXHIBIT “B,” WHICH DEPICT THE STATUS OF
THE GENERAL PLAN AND HOUSING ELEMENT, AND DIRECT STAFF TO SUBMIT THE APR TO THE GOVERNOR’S OFFICE OF PLANNING AND
RESEARCH (OPR) AND STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD).
The motion carried by the following vote:
AYES: 6 – Basrai, Liu, Ramamurthi, Steckler, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 1 – Rao
RECUSE: 0
DISCUSSION ITEMS None
Minutes Planning Commission – February 22, 2024 PAGE 8
MISCELLANEOUS ITEMS
Information from Commission and Staff:
• Information from staff, as reported by Planning Manager Joel Pullen:
o The next regular meeting is tentatively scheduled for March 28, 2024.
• Actions from City Council Regular Meetings: None
• Information from Commission:
o Commissioner Yee reported that the Planning Commissioners Academy for March 6 -8, 2024 was sold out.
ADJOURNMENT
Meeting adjourned at 9:41 p.m.
SUBMITTED and APPROVED BY:
Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission