Minutes Planning Commission – November 21, 2024 PAGE 1
MINUTES
FREMONT PLANNING COMMISSION
SPECIAL MEETING OF NOVEMBER 21, 2024
CALL TO ORDER: Chairperson Zhang called the meeting to order at 7:00 p.m.
PRESENT: Chairperson Zhang
Vice Chairperson Basrai
Commissioners Craig, Liu, Ramamurthi, Yee
ABSENT: None
VACANCY: One vacancy pending orientation
STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Mark Hungerford, Senior Planner
Winnie Mui, Associate Planner
Clarissa Flores, Planner I
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician
APPROVAL OF MINUTES: Commissioner Yee moved to approve minutes for the regular meeting of September 26, 2024 and Vice Chairperson Basrai seconded. The m otion carried with one abstention from Commissioner Craig.
DISCLOSURES: Commissioner Liu drove past the project site for Item 1 (PLN2024-00075) and reported that he had previously visited the property to do business with another tenant in the same building.
Commissioner Yee visited the project site for Item 1 (PLN2024- 00075), and spoke with three other business owners in the area, as well as a couple of employees at each of the other businesses.
Commissioner Craig drove past the project site for Item 1 (PLN2024-00075).
Vice Chairperson Basrai drove to the project site and walked the property for Item 1 (PLN2024 -00075). Vice Chairperson Basrai
Minutes Planning Commission – November 21, 2024 PAGE 2
spoke with a neighboring business owner and one of their employees, but did not speak with the applicant.
Chairperson Zhang drove by the project site for Item 1 (PLN2024-00075), walked around the neighborhood, and spoke with the manager at a nearby spa facility.
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 Commission meetings can be found at: https://fremontca.viebit.com/#
CONSENT CALENDAR None
PUBLIC/ORAL
COMMUNICATIONS Kelly Abreu commented on a proposed development directly across from Coyote Hills Regional Park, areas that are zoned as light industrial, and developer fees.
PUBLIC HEARING ITEMS
Item 1. ANEW WELLNESS SPA CUP – 40611 Grimmer Boulevard – PLN2024-00075 – (00:12:10) To consider a Conditional Use Permit for a massage establishment located in the Irvington Community Plan Area, and to consider a categorical exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities, and on a separate and independent basis, a finding that the project is subject to no further environmental review pursuant to 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 prepared and certified.
Planning Manager Joel Pullen introduced the item.
Project Planner Clarissa Flores gave a brief presentation and responded to questions from the Commission regarding tenant improvements and/or changes to the suite, ADA compliance, and access to the second floor , with assistance from Planning Manager Joel Pullen.
Chairperson Zhang opened the public hearing for this item.
Yumei Hawkins, applicant/business owner, and her partner Gregg Millittello briefly spoke to their history in opening and operating spas in the bay area, and their confusion with the type of permits required for operating a spa in the City of Fremont. They then responded to questions from the Commission.
Dayna Moran, trustee of the building owner for 40611 Grimmer Boulevard, wanted it noted that a handicap parking space was located at the back of the building.
Minutes Planning Commission – November 21, 2024 PAGE 3
Leland Chin, Side Xi, and Devinder Shoker spoke individually in opposition of the proposed project.
Yumei Hawkins and Gregg Millittello spoke in rebuttal to the public comments.
Chairperson Zhang closed the public hearing for this item.
Planning Manager Joel Pullen offered clarification on the recent history of operating spa establishments in the state of California, as well as the City of Fremont.
IT WAS MOVED (BASRAI/LIU) AND CARRIED BY THE FOLLOWING VOTE (4-2-0-0-0-1) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO AN EXEMPTION FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PER, WITHOUT
LIMITATION, AND EACH AS A SEPARATE AND INDEPENDENT BASIS, CEQA GUIDELINES SECTION 15301, EXISTING FACILITIES, AS THE
PROJECT CONSISTS OF OPERATIONS WITHIN AN EXISTING PRIVATE
STRUCTURE, AND A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED 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 PREPARED AND CERTIFIED;
AND
FOUND THAT THE CONDITIONAL USE PERMIT (PLN2024 -00075) IS IN
CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN. THESE PROVISIONS INCLUDE GOALS AND
POLICIES SET FORTH IN THE GENERAL PLAN LAND USE ELEMENT AS ENUMERATED WITHIN THE STAFF REPORT;
AND
APPROVED CONDITIONAL USE PERMIT (PLN2024 -00075), AS SHOWN ON EXHIBIT “A” AND BASED UPON FINDINGS AND SUBJECT TO CONDITIONS OF APPROVAL IN EXHIBIT “B.”
The motion carried by the following vote:
AYES: 4 – Basrai, Craig, Liu, Ramamurthi
NOES: 2 – Yee, Zhang
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
VACANCY: 1 – Pending orientation
Chairperson Zhang called for a brief recess at 8:09 p.m. and reconvened the meeting at 8:21 p.m.
Minutes Planning Commission – November 21, 2024 PAGE 4
Item 2. WINTER 2024/2025 CODE UPDATE – Citywide – PLN2025-00065 – To (01:25:30) consider amending various chapters within Fremont Municipal Code Title 2 (Administration and Finance), Title 8 (Health and Safety), Title 17 (Subdivisions), and Title 18 (Planning and Zoning), and related amendments to the Warm Springs / South Fremont Community Plan, to clarify and enhance definitions, procedures, and standards related to development and use of property within the City and implement the 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the Cal ifornia Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Planning Manager Joel Pullen introduced the item.
Associate Planner Winnie Mui gave a comprehensive presentation and responded to questions from the Commission with assistance from Senior Planner Mark Hungerford and Planning Manager Joel Pullen.
Commissioners Yee and Ramamurthi requested clarification on the authority and function of the Zoning Administrator (ZA), and Chairperson Zhang requested that the Planning Commission be notified of upcoming ZA Hearings.
Chairperson Zhang opened the public hearing for this item.
Kelly Abreu commented on actions taken by the Zoning Administrator and the cost to appeal those decisions. The speaker also commented on distilled spirits being distinguished from beer and wine; and utilization of the North American Industry Classification System (NAICS) for zoning.
Chairperson Zhang closed the public hearing for this item.
IT WAS MOVED (RAMAMURTHI/YEE) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-0-0-1) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT CITY COUNCIL:
FIND THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH AS A SEPARATE AND INDEPENDENT BASIS PER SECTION 15061 OF THE CEQA GUIDELINES IN THAT IT IS NOT A PROJECT WHICH
HAS THE POTENTIAL TO CAUSE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND CEQA GUIDELINES SECTION 15183 AS A PROJECT
CONSISTENT WITH THE GENERAL PLAN AND ZONING AND OTHERWISE MEETING THE REQUIREMENTS OF THAT EXEMPTION;
AND
Minutes Planning Commission – November 21, 2024 PAGE 5
FIND THAT THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE
GENERAL PLAN, INCLUDING THE LAND USE ELEMENT
IMPLEMENTATION MEASURE, HOUSING ELEMENT GOAL, AND
ECONOMIC DEVELOPMENT IMPLEMENTATION MEASURES DISCUSSED IN THE STAFF REPORT;
AND
FIND THAT THE PROPOSED AMENDMENTS FURTHER THE PUBLIC
INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY BY
ENSURING CONSISTENCY OF THE FMC, AND STATE LAW, AND PROVIDE
FOR ZONING DISTRICT USES AND DEVELOPMENT STANDARDS THAT ARE
RELEVANT TO CURRENT DEVELOPMENT TRENDS, EASY TO USE,
FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND
INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO FMC TITLE 2 (ADMINISTRATION AND FINANCE), TITLE 8 (HEALTH AND SAFETY), TITLE 17 (SUBDIVISIONS), AND TITLE 18 (PLANNING AND ZONING);
AND
ADOPT A RESOLUTION FOR AMENDMENTS TO THE WARM SPRINGS /
SOUTH FREMONT COMMUNITY PLAN FOR CONSISTENCY WITH
PROPOSED AMENDMENTS TO TITLE 18, AS SHOWN ON EXHIBIT “A;” AND
DIRECT STAFF TO DOCUMENT THE ABOVE WRITTEN FINDINGS AND
RECOMMENDATION OF THE COMMISSION TO THE CITY COUNCIL AND TO
PREPARE, AND THE CITY CLERK TO PUBLISH, A SUMMARY OF THE ORDINANCE.
The motion carried by the following vote:
AYES: 6 – Basrai, Craig, Liu, Ramamurthi, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
VACANCY: 1 – Pending orientation
DISCUSSION ITEMS
MISCELLANEOUS ITEMS
Information from Commission and Staff:
• Information from staff, as reported by Planning Manager Joel Pullen:
o The next Planning Commission meeting is scheduled for December 12, 2024. o Our newest Planning Commissioner, Mufaddal Ezzy, will be onboarded and present at the next meeting.
Minutes Planning Commission – November 21, 2024 PAGE 6
• Actions from City Council Regular Meetings: None
• Information from Commission:
o Commissioner Yee commented on the grand opening of the Fremont Food Hall on Capital Avenue, the soft opening for the Bintang Badminton facility on Milmont Drive , and the next Planning Commissioners Academy scheduled for March 5-7, 2025 in Santa Rosa, CA.
ADJOURNMENT
Meeting adjourned at 9:13 p.m.
SUBMITTED and APPROVED BY:
Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission