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Agenda packet, first session

Fremont City Council
January 14, 2025

Document
Agenda packet, first session
Meeting
January 14, 2025
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Fremont City Council
Pages
9
Original file
53.1 MB
Text extracted from the city's file for reading and search. Open the original on fremontcityca.iqm2.com. That file is the official record.

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Teresa Keng, District 1
Kathy Kimberlin, District 3
Yang Shao, District 4
Yajing Zhang, District 5
Raymond Liu, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Kelly King, Maintenance Operations Director
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Fremont City Council Agenda and
Report
January 14, 2025

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - January 14, 2025

January 14, 2025 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.

Attending January 14, 2025, City Council meeting online via Zoom https://us06web.zoom.us/j/86554861524
Meeting ID: 865 5486 1524

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):

Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

Your interest in the conduct of our City’s business is appreciated.

January 14, 2025 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
January 14, 2025
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.)

B. APPROVAL OF MINUTES – for the Regular Meeting of December 3, 2024, the Regular Meeting of December 10, 2024, and the Regular Meeting of December 17, 2024
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. SPECIAL USE AGREEMENT FOR THE OPERATION OF THE PATTERSON HOUSE AT THE ARDENWOOD HISTORIC FARM REGIONAL PRESERVE - Five Year Special Use Agreement between the City of Fremont and East Bay Regional Park District for the Operation of the Patterson House at the Ardenwood Historic Farm Regional Preserve.

Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

January 14, 2025 Fremont City Council Page 4
RECOMMENDATION: Authorize the City Manager or designee to execute a Special Use Agreement with the East Bay Regional Park District for operation of the Patterson House in Ardenwood Historic Farm for a five-year term, January 2025 – December 2029, with an annual payment of $92,640 increased annually by 2.0%.

D. ENRICHMENT PROGRAM SERVICES AGREEMENT BETWEEN THE CITY OF FREMONT AND THE FREMONT UNIFIED SCHOOL DISTRICT - Enrichment Program Services Agreement between the Fremont Unified School District and City of Fremont to Offer Intersession, Afterschool and Summer Enrichment Learning Program Services through Summer 2026 Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or designee to execute the Enrichment Program Services Agreement between the City of Fremont and the Fremont Unified School District for partnership and services consisting of intersession, afterschool and summer programs through August 2026 for Transitional Kindergarten through eighth grade students, on a fee for service basis.

3. Ceremonial Items
A. Proclamation: Dr. Martin Luther King, Jr. Day, January 20, 2025

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. 2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION – Citywide - PLN2025-00074 - Public Hearing (Published Notice) To Consider Adoption of a Resolution for Objective Design Standards for Historic Homes Associated with State law Compliance and an Ordinance for Associated Text Amendments to the Historic Resources Chapter (FMC Chapter

18.175); and to Consider Exemptions for the Proposed Amendments 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 Zoning), §15262 (Feasibility and Planning Studies), and §15378 (Project).

January 14, 2025 Fremont City Council Page 5
Contact Persons:

Name: James Willis Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4449 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15061 Review for Exemption, CEQA Guidelines Section 15262 Feasibility and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and/or §15162 Subsequent EIRs and Negative Declarations;

3. Find that the proposed zoning text amendment and Objective Standards are consistent with the Fremont General Plan;

4. Find that the proposed zoning text amendment and Objective Standards further the public interest, convenience, and general welfare of the City by ensuring consistency between the FMC and the City’s General Plan, with State law, and provide for a streamlining of the process of reviewing eligible historic resources by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents;

5. Introduce the ordinance amending Title 18 (Planning and Zoning) attached to this report as Exhibit B;

6. Adopt the resolution attached to this report as Exhibit C, implementing Program 4 of the City’s 2023-2031 Housing Element to identify Objective Design Standards for modifying eligible historic resources for single family and two family residential development.

B. PALISADE FREMONT BOULEVARD - Fremont Boulevard & Ice House Terrace - PLN2024-00080 – Public Hearing (Published Notice) To Consider a Proposed General Plan Amendment From Regional Commercial to Tech Industrial, Corresponding Rezoning from Commercial – Regional (C-R) to Tech Industrial (I-T), Discretionary Design Review, to Facilitate the Development of an Approximately 70,000-Square-Foot Industrial Building; and to Consider a Draft Negative Declaration Prepared and Circulated for the Project in Accordance With the Requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

Name: James Willis Joel Pullen
Title: Senior Planner Planning Manager
Dept: Planning Planning
Phone: 510-494-4449 510-494-4436
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Hold public hearing;

2. Find, in accordance with CEQA Guidelines Section 15074 that it has considered January 14, 2025 Fremont City Council Page 6
the Negative Declaration as shown in Exhibit “A” together with any comments received during the public review process, that is was prepared in accordance with the requirements of CEQA, that there is no substantial evidence that the project will have a significant effect on the environment, and that this action reflects the independent judgment and analysis of the City of Fremont;

3. Find that the General Plan Amendment conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest;

4. Find the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use, Mobility, and Economic Development Chapters of the General Plan as enumerated in the staff report;

5. Find that the project plans as shown in Exhibit “D” fulfill the applicable requirements set forth in the Fremont Municipal Code;

6. Adopt a resolution approving a General Plan Amendment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”

7. Introduce an ordinance rezoning the project site from Regional Commercial (C- R) to Tech Industrial (I-T) based upon the findings and subject to the conditions of approval set forth in Exhibit “F;”

8. Direct staff to prepare and the City Clerk to publish a summary of the resolution and ordinance.

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment

January 14, 2025 Fremont City Council Page 7

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

January 14, 2025 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 January 14, 2025 7:00 p.m. City Council Meeting Council Chambers Live
January 21, 2025 CANCELLED: City
Council Meeting

January 28, 2025 CANCELLED: CC/FUSD
Liaison Committee Meeting

Monday,
February 3, 2025 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live February 4, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 11, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 18, 2025 7:00 p.m. City Council Meeting Council Chambers Live
February 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting City Hosts Live
March 4, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 11, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 18, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
March 25, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 1, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 8, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 15, 2025 7:00 p.m. City Council Meeting Council
Chambers Live
April 22, 2025 5:30 p.m. CC/FUSD Liaison
Committee Meeting FUSD Hosts Live
April 29, 2025 No 7PM City Council Meeting
(5th Tuesday)

Fremont City Council Meeting: 01/14/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5347) DOC ID: 5347
Updated: 1/9/2025 10:21 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Regular Meeting of December 3, 2024, the Regular Meeting of December 10, 2024, and the Regular Meeting of December 17, 2024
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Regular Meeting of December 3, 2024, the Regular Meeting of December 10, 2024, and the Regular Meeting of December 17, 2024.

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B
Packet Pg. 9

*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 3, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:

Le Méridien Barcelona
La Rambla 111, Carrer del Pintor Fortuny, 4-6, 08001
Barcelona, Spain

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:00 p.m.

B. Flag Salute: Councilmember Keng led the salute to the flag.

C. Roll Call: Mayor Mei, Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

2.B.a
Packet Pg. 10
Attachment: Draft Minutes (5347 : Approval of Minutes - 2024-12-03 - 2024-12-17)

*Consent Items

Page 2 ends

* B. Approval of Minutes – None.

* C. Mayor Mei opened consideration of Approval of the Plans an d Specifications and Award of Contract to Terocons, Inc. in the Amount of $2,828,653 (Including 12% Contingency) for the 2025 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-I); Make Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council approved the following actions related to the 2025 Citywide Concrete Repairs and Intersection Ramps Project (PWC8483-I):

1. Approved the plans and specifications for the project.

2. Accepted the bid and awarded the construction contract to the lowest responsive and responsible bidder, Terocons, Inc. in the amount of $2,528,653 and allocated a 12% construction contingency in the amount of $300,000 for a total construction contract amount of $2,828,653 and authorized the City Manager, or her designee, to execute the contract.

3. Found this project is exempt from CEQA review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* D. Mayor Mei opened consideration of Approval of a Four-Year Lease Amendment with the County of Alameda for a Total of 4,867 Square Feet of Office and Common Area Space at the Family Resource Center; Exempt from CEQA Review per CEQA Guidelines Section 15301.

On a motion by Councilmember Cox, seconded by Councilmember Salwan the City Council authorized the City Manager, or her designee, to execute a four-year lease amendment, as described in the staff report, with the County of Alameda for a total of 4,867 square feet of office and common area space located at the Fremont Family Resource Center.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* E. Mayor Mei opened consideration of Authorize City Manager t o Execute Side Letters of Agreement to Reestablish Hiring Incentives and Amend the Memorandum of Understanding (MOU) between the City of Fremont and the Fremont Police Association

2.B.a
Packet Pg. 11
Attachment: Draft Minutes (5347 : Approval of Minutes - 2024-12-03 - 2024-12-17)

*Consent Items

Page 3 ends

(FPA) to Increase Compensation, Create a Pilot Double Overtime Program, and Revise Longevity and Educational Incentive Pays.

This item was removed from the Consent Calendar. Mayor Mei opened the public comment period. The following person(s) commented: Alexander Gregory (representing Fremont Police Association President), Kelly Abreu, and Sai Nagarajan. There being no additional speakers, Mayor Mei closed the public comment period. Staff responded to questions from Councilmembers.

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council approved the terms negotiated with the Fremont Police Association (FPA) to reestablish hiring Incentives, adjust base compensation, and replace the existing Education Incentive Program with a combination of POST and Longevity Pays, and authorized the City Manager, or her designee, to execute Side Letters of Agreement with FPA memorializing the negotiated terms.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* F. Mayor Mei opened consideration of Authorization to Execute a Fifth Amendment to Service Agreement with Alameda County Probation Department for Juvenile Justice Crime Prevention Act (JJCPA) Programs Supporting At-Risk Youth and Families, through June 30, 2025, and a Third Amendment to a Subcontract with Seneca Family of Agencies (Seneca); Authorization for Associated Appropriation Actions; and Make Findings of CEQA Exemption.

On a motion by Councilmember Cox, seconded by Councilmember Salwan, the City Council:

1. Authorized the City Manager, or her designee, to execute a Fifth Amendment with ACPD for the additional amount of $56,268, increasing the total not-to-exceed amount from $397,179 to $453,447, for the City to continue to provide youth groups and parenting programs through June 30, 2025.

2. Authorized the City Manager, or her designee, to execute a Third Amendment to a sub- contract with Seneca, for the additional amount of $36,451, increasing the not-to-exceed amount from $191,449 to $227,900, through June 30, 2025.

3. Appropriated an additional $56,258 in FY 24/25 to the AC Probation JJCPA account in Fund 133.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

2.B.a
Packet Pg. 12
Attachment: Draft Minutes (5347 : Approval of Minutes - 2024-12-03 - 2024-12-17)

*Consent Items

Page 4 ends

3. CEREMONIAL ITEMS
A. Proclamation: Califor nia Nursery Garden Club

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Mayor Mei opened the public comment period. The following people commented:

Karthikeyan S. (provided a handout), Selvaraj (AKSC), John Hinds, Ganesh Balamitran (AKSC), Sai N., Vincent Hu (Marwood Company, provided a handout), Lee Jatta (Westcliff Group), Mark Smith (Westcliff Group), and Golden Shao. There being no additional speakers, Mayor Mei closed the public comment period.

5. SCHEDULED ITEMS

A. Mayor Mei opened consideration of Public Hearing (Published Notice) to consider a resolution 1) authorizing the City Manager or her designee to negotiate, execute and implement a Power Purchase Agreement (PPA) with Ava Community Energy for installation of solar-battery microgrids at six critical City facilities; 2) finding that the PPA qualifies for expedited procurement under California Government Code Section 4217.10; and 3) finding that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, on a separate and independent basis, Public Resources Code 21080.35, Guideline 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures).

Community Development Director Dan Schoenholz shared a presentation. Sustainability Coordinator Kranti Kapur was also available for discussion. Staff responded to questions from Councilmembers. Mayor Mei opened the public hearing. The following persons commented:

Steve Skala, Kelly Abreu, and John Hinds. There being no additional speakers, Mayor Mei closed the public hearing. Councilmembers provided comment.

On a motion by Councilmember Cox, seconded by Mayor Mei, the City Council adopted Resolution No. 2024-49: a) authorizing the City Manager, or her designee, to negotiate, and execute a PPA with Ava Community Energy, consistent with the terms described in the staff report; b) finding that California Government Code Section 4217.10, et seq., applies to the PPA and authorizes s for expedited procurement; and c) finding that the project is exempt from CEQA per, without limitation, on a separate and independent basis, Public Resources Code 21080.35, Guideline 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures).

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

2.B.a
Packet Pg. 13
Attachment: Draft Minutes (5347 : Approval of Minutes - 2024-12-03 - 2024-12-17)

*Consent Items

Page 5 ends

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS
A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened for consideration of Mayor Mei Referral: Ap pointments and Reappointments to Advisory Bodies
Appointments:

Advisory Bodies Appointee Term Expires

Art Review Board

Judy Lam 12/31/2025
Economic Development Advisory Commission
At-Large Representative

Anurag Mishra 12/31/2026

Environmental Sustainability Commission
Business Community Representative

Bettina Grab 12/31/2028

Historical Architectural Review Board Paul Welschmeyer 12/31/2028 Recreation Commission

Sunita Lodha 12/31/2025
Senior Citizens Commission

Edilberto Aguilera 12/31/2026

Reappointments:

Advisory Bodies Appointee Term Expires
Citizens Advisory Committee
(CDBG Program)

William Bain 12/31/2028

Citizens Advisory Committee
(CDBG Program)

Bowen Hou 12/31/2028

Citizens Advisory Committee
(CDBG Program)

Preeti Kristipati 12/31/2028

Citizens Advisory Committee
(CDBG Program)

Claudia Bess 12/31/2028

Citizens Advisory Committee
(CDBG Program)

Claudia Bess 12/31/2028

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Advisory Bodies Appointee Term Expires
Environmental Sustainability Commission
At-Large Representative

Paul Kelley 12/31/2028

Library Advisory Commission Janet Perry 12/31/2028

Planning Commission Yonggang Zhang 12/31/2028

Recreation Commission Sundar Sankaran 12/31/2028

Youth Advisory Commission Tia Mehta 12/31/2026

Youth Advisory Commission Rohan Bhagra 12/31/2026

Youth Advisory Commission Aryav Dube 12/31/2026

Youth Advisory Commission Lemeng Kong 12/31/2026

Youth Advisory Commission Shamak Gowda 12/31/2026

Youth Advisory Commission Kaitlyn Huynh 12/31/2026

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved appointments.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:15 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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IMINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 10, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:02 p.m.

B. Flag Salute: Mayor Mei led the s alute to the flag.

C. Roll Call: Mayor Mei, Vice Mayor Campbell , Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* B. Mayor Mei opened consideration of Approval of Minutes

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council approved minutes for the Regular Meeting of October 8, 2024, the Regular Meeting of November 12, 2024, and the Special and Regular Meetings of November 19, 2024.

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Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

* C. Mayor Mei opened consideration to Adopt a Resolution that Certifies the November 5, 2024 Election Results

On a motion by Councilmember Salwan, seconded by Councilmember Cox, the City Council adopted Resolution No. 2024-50 that:

1. Received the Official Canvass of the General Municipal Elect ion held on November 5, 2024 from the Alameda County Registrar of Voters.

2. Declared the results of the election.

Ayes: Mayor Mei, Vice Mayor C ampbell, Councilmembers: Keng, Kimberlin, Shao, Salwan, and Cox
Noes: None

Absent: None
Abstain: None

3. CEREMONIAL ITEMS
A. Recognition of and Comments by Outgoing Mayor and Councilmember B. Oath of Office and Installa tion of Newly Elected Mayor and Councilmembers C. Comments by Newly Elected Mayor and Councilmembers

4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Mayor Salwan opened the public comment period. The following people commented: Narda Mamou, Sue Kwong (Citizens for a Better Community), Henry Liang, Vijaya Aasuri (AIA/Fremont), Sai Nagarajan, Connie Chew (Fremont Cultural Arts Council), Arun Ramani, Marilyn Harris (Fremont 4 Everyone), Lisa Danz (Fremont for Everyone), Steve Skala, Rajani Natarajan, Dhaval N. Shah, Padma Gopalakrishnan, Kate B. Amon (Fremont For Everyone), Emily He, Angela Tirado (The Voice of the Bay Area), Shiv Salwan, Jason Isaac Park (Democratic Nat’l Committee), Rinu Nair, Mahesh Pakala (FOG Odisha), Matt McGrath, Lily Mei, Golden Shao, Anand Visparty, Sachin Syal, and Sumeet Syac. There being no additional speakers, Mayor Salwan closed the public comment period.

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5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS – None.

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 9:30 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k R A J S A L W A N , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
DECEMBER 17, 2024

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Shao from:

1300 N Market St
Wilmington, DE 19801

1. PRELIMINARY

A. Call to Order: Mayor Salwan called the meeting to order at 7:02 p.m.

B. Flag Salute: Councilmember Zhang led the salute to the flag.

C. Roll Call: Mayor Salwan, Vice Mayor Campbe ll, Councilmembers: Kimberlin, Shao, Zhang and Liu

Absent: Councilmember Keng

D. Announcements by Mayor/City Manager/City Attorney

Mayor Salwan announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

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* B. Approval of Minutes – None.

* C. Mayor Salwan opened consideration of Approve an Amendment to Extend the Current Lease Agreement and Authorize City Manager or Her Designee to Execute Further Extensions Based Upon Agreed Facility Improvements has been continued.

See Green Sheet on file. No vote taken. Item continued to a date to be determined.

* D. Vice Mayor Campbell opened consideration of Approval of Plans and Specifications; Award Contract to Redgwick Construction Co. in the Amount of $11,561,930.38 (includes 10% Contingency) for the Centerville Complete Streets Project (PWC8946); Appropriation Actions; and Make Findings of CEQA Exemption.

This item was removed from the Consent Calendar. Public Works Director Hans Larsen responded to questions from Councilmembers.

On a motion by Councilmember Shao, seconded by Councilmember Zhang, the City Council approved the following actions related to the Centerville Complete Streets Project (PWC8946):

1. Approved the plans and specifications for the project.

2. Accepted the bid and awarded the construction contract to the lowest responsive and responsible bidder, Redgwick Construction Co., in the amount of $10,510,845.80 and allocated a 10% construction contingency in the amount of $1,051,084.58 for a total construction contract amount of $11,561,930.38 and authorized the City Manager, or her designee, to execute the contract.

3. Reallocated $700,000 from PWC7953-514 to PWC8946-514.

4. Reallocated $50,000 from PWC7953-515 to PWC8946-515.

5. Reallocated $130,000 from PWC7953-531 to PWC8946-531.

6. Found that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 21080.25 of the California Public Resources Code as a sustainable transportation project that implements pedestrian and bicycle facilities and improves multimodal safety and access for current and potential transit riders and is further exempt pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

Ayes: Vice Mayor Campbell, Counc ilmembers: Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: Ma yor Salwan (business/property interest)

* E. Mayor Salwan opened consideration of Approval of a Service Agreement with D.W.

Nicholson Corporation in the Amount Not to Exceed $1,373,265.53 for Preventive Maintenance and Minor Repair Services of Apparatus Bay Doors, Automatic Gates, Security Doors, and Fire Doors for City Owned Buildings.

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On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council authorized the City Manager, or her designee, to execute a 7-year service agreement with D.W. Nicholson Corporation for a total contract amount not to exceed $1,373,265.53, and found that the action is exempt from environmental review under Public Resources Code Section 21065 and the CEQA Guidelines Sections referenced in this report, each of which provides a separate and independent basis for CEQA compliance with respect to this action.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: Councilmember Ken g
Abstain: None

* F. Mayor Salwan opened consideration of Approval of a Service Agreement with Teleqo Technical Solutions, Inc. for a Street Sign Inventory and Condition Assessment in the Amount Not-to-Exceed $185,581.25 (includes 15% Contingency); Appropriate Funds; Make Findings of CEQA Exemption.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council:

1. Authorized the City Manager, or her designee, to execute a Service Agreement with Teleqo Technical Solutions, Inc. in an amount not to exceed $185,581.25.

2. Appropriated $185,581.25 in the General Fund to pay for the Teleqo Service Agreement.

3. Found that the action is exempt from environmental review under Public Resources Code Section 21065 and the CEQA Guidelines Sections referenced in this report, each of which provides a separate and independent basis for CEQA compliance with respect to this action.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

* G. Mayor Salwan opened consid eration of Authorize the City Manager, or Her Designee, to Execute a Maintenance Service Agreement with Imhof Tractor Services Inc. In an Amount Not-to-Exceed $1,381,407.81.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council awarded a maintenance service agreement for on-call ground-level fire break services and authorized the City Manager, or her designee, to execute an agreement with Imhof Tractor Services Inc., commencing on July 1, 2025, and continuing through June 30, 2030, for a total not-to-exceed amount of $1,381,407.81.

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Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: Councilmember Ken g
Abstain: None

* H. Mayor Salwan opened consid eration of Authorize the City Manager, or Her Designee, to Enter into Agreement and Issue Purchase Orders with EN Engineering, LLC for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an Amount Not-to-Exceed $835,233.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council authorized the City Manager, or her designee, to enter into an agreement and to execute implementing documents with EN Engineering, LLC, for Consulting, Design Engineering Drawings, Grant Management, and Construction Vendor Management for the FFA Last Mile Broadband Project, in an amount not-to-exceed $835,233.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

* I. Mayor Salwan opened consideration of Approve Plans and Spe cifications, Accept the Bid and Award a Construction Contract for the Bid Amount of $470,951 to Guerra Construction Group and Allocate a 19% Construction Contingency of $89,480 for a Total Contract Amount of $560,431 for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053), and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15301, 15311, and 15183.

This item was removed from the Consent Calendar. Staff responded to questions from Councilmembers.

On a motion by Councilmember Kimberlin, seconded by Vice Mayor Campbell, the City Council:

1. Approved the plans and specifications for the Azevada Neighborhood Park Playground Upgrades and Replacement Project (PWC9053).

2. Deemed the Bid Proposal submitted by KYA Services LLC as non-responsive and accepted the bid and awarded a construction contract to Guerra Construction Group for the Base Bid of $470,951 and allocate a 19% Construction Contingency amount of $89,480, for a total construction amount of $560,431.

3. Found that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15301, as the project

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occurs within an existing area of an established park; Section 15311, as the play equipment installation is a minor accessory structure appurtenant to an existing institutional facility; and Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: Councilmember Ken g
Abstain: None

* J. Mayor Salwan opened consi deration of Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Land and Public Easements for Tract 8685, located at 37447 through 37467 Fremont Boulevard (Veranda); Making Findings of CEQA Exemption.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council adopted Resolution No. 2024-51 to:

1. Approve the Final Map and the Improvement Plans for Tract 8685.

2. Approve the Agreement for Public Improvements entitled “Public Improvement Agreement, Tract 8685”, with the developer, KB Home South Bay Inc., and authorize the City Manager to execute the agreement on behalf of the City.

3. Approve the Agreement for Private Improvements entitled “Private Improvement Agreement, Tract 8685”, with the developer, KB Home South Bay Inc., and authorize the City Manager to execute the agreement on behalf of the City.

4. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

* K. Mayor Salwan opened consideration of Accept and Appropriat e Fiscal Year 2024 Bay Area Urban Areas Security Initiative Grant for $310,000 to Purchase a Chemical ID Analyzer and Thermal Imaging Cameras.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council:

1. Accepted the FY 24 Bay Area Urban Areas Security Initiative (UASI) grant award for $310,000.

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2. Appropriated the $310,000 to the Federal Operating Grants Funds (Fund 191).

3. Authorized the City Manager, or her designee, to negotiate and execute all necessary agreements or documents in connection with the grant award.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhang and Liu
Noes: None

Absent: Councilmember Ken g
Abstain: None

* L. Mayor Salwan opened consid eration of Ratify Amendment to Master Services Agreement with KHIT Consulting for Electronic Health Record Support Services.

On a motion by Vice Mayor Campbell, seconded by Councilmember Kimberlin, the City Council ratified the amended Master Services Agreement #23-0259 with KHIT Consulting, Inc. to increase the total not-to-exceed amount from $265,325 to $300,000.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

3. CEREMONIAL ITEMS
A. Resolution: His Holiness Syedna Mufaddal Saifuddin and the D awoodi Bohra Community

4. PUBLIC COMMUNICATIONS
A. Oral and Written Communications
Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Mayor Salwan opened the public comment period. The following people commented: Naren Immadi, Steve Skala, Linda Dewlaney, Salim Mastan, and Bri Seoane. There being no additional speakers, Mayor Salwan closed the public comment period.

5. SCHEDULED ITEMS

A. Vice Mayor Campbell opened consideration of – Citywide – PL N2025-00065 - Public Hearing (Published Notice) to 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

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and implement the 2023-2031 Housing Element; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

See Green Sheet on file that contains additional information not included with the staff report.

Associate Planner Winnie Mui and Planning Manager Joel Pullen shared a presentation. Staff responded to questions from Councilmembers. Vice Mayor Campbell opened the public hearing. The following person commented: Kelly Abreu. There being no additional speakers, Vice Mayor Campbell closed the public hearing. Councilmembers provided comment.

On a motion by Councilmember Kimberlin, seconded by Councilmember Shao, the City Council:

1. Held public hearing.

2. Found that the proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, per Section 15061 of the CEQA Guidelines in that they collectively are 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.

3. Found that the proposed amendments are consistent with the General Plan, including the Land Use Element implementation measure, Housing Element goal, and Economic Development Element implementation measures discussed in the staff report.

4. Found 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.

5. Introduced 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), as shown on Exhibit “A,” and for conformance with the General Plan.

6. Adopted Resolution No. 2024-52 for amendments to the Warm Springs / South Fremont Community Plan for consistency with proposed amendments to Title 18.

7. Directed staff to prepare, and the City Clerk to publish, a summary of the ordinance.

Ayes:

Vice Mayor Campbell, Councilmembers: Kimberlin, Shao,
Zhang and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: Ma yor Salwan (business/property interest)

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B. Mayor Salwan opened consideration of Receive the Developmen t Impact Fee Annual Report for Fiscal Year 2023/24 and Hold a Public Hearing (Published Notice) to Consider a 0.23% Decrease in Development Impact Fees to Align with the Bay Area Construction Cost Index; Make Findings of CEQA Exemption.

Public Works Director Larsen provided an overview and responded to questions from Councilmembers. Mayor Salwan opened the public hearing. There being no speakers, Mayor Salwan closed the public hearing. Councilmembers provided comment.

On a motion by Vice Mayor Campbell, seconded by Councilmember Liu, the City Council:

1. Approved the Development Impact Fee Annual Report for Period Ending June 30, 2024.

2. Held a public hearing regarding the proposed development impact fee adjustment.

3. Adopted Resolution No. 2024-53 approving a 0.23% decrease to development impact fees for the capital facilities, fire facilities, park facilities, parkland, and traffic programs to reflect construction cost changes in 2024, effective July 1, 2025, and amending the master fee schedule to reflect the revised fees.

Ayes: Mayor Salwan, Vice Mayor Campbell, Councilmembers:

Kimberlin, Shao, Zhan
g and Liu
Noes: None

Absent: Councilmember Ken
g
Abstain: None

6. OTHER BUSINESS
A. Mayor Salwan opened consideration of Introduce an Ordinance Adding Chapter 8.90 to the Fremont Municipal Code Banning Camping on Public Property and find that the adoption of the ordinance is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15304, 15307, 15308, 15061, and 15183.

Communications submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City’s Agenda Center on Fremont.gov, and were placed on file.

Deputy City Manager Allen DeMers and Police Chief Sean Washington and Homeless Services Manager Laurie Flores responded to questions from Councilmembers. Mayor Salwan opened the public hearing. The following people commented: Valerie Stewart (Mission Peak Unitarian Universalist Congregation), Jenna Daugherty, Linda Dewlaney, Rev. Barbara F.

Meyers (Mission Peak Unitarian Universalist Congregation), Lisa Danz (Fremont for Everyone), Katherine Rubie (Fremont For Everyone), Keith Parker, Liz Fischer, Arsh Shah, Steve Skala, Richard Godfrey, Terri King (Mission Peak Unitarian Universalist Congregation), Chung, Sundari Yanamanram, Annie Koruga (Fremont For Everyone), John Hinds, Kate Amon (Fremont For Everyone), Vivian Wan (Abode Services), Kelly Abreu, and Sandra Moore (Fremont For Everyone). There being no additional speakers, Mayor Salwan closed the public hearing. Councilmembers provided comment.

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On a motion by Councilmember Shao, seconded by Councilmember Liu, the City Council:

1. Waived the first reading and introduced an ordinance adding Chapter 8.90 to the Fremont Municipal Code.

2. Directed the City Attorney to draft an ordinance summary and the City Clerk to post and publish the ordinance summary in accordance with Government Code Section 36933(c)(1).

3. Found that adoption of the ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3). Find that the project is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, per Section 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; Section 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City parks and waterways; and Section 15183, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan, each as a separate and independent basis for CEQA compliance.

A
yes: Ma yor Salwan, Councilmembers: Shao, Zhang and Liu Noes: Vice Ma yor Campbell and Councilmember Kimberlin

Absent: Councilmember Ken g
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments – None.

8. ADJOURNMENT: There being no further business, Mayor Salwan adjourned the meeting at 10:50 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k R A J S A L W A N , M a y o r

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3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5335) DOC ID: 5335 A
Updated: 1/8/2025 8:31 PM by Susan Gauthier A Page 1

SPECIAL USE AGREEMENT FOR THE OPERATION OF THE PATTERSON HOUSE AT THE ARDENWOOD HISTORIC FARM REGIONAL PRESERVE - Five Year Special Use Agreement between the City of Fremont and East Bay Regional Park District for the Operation of the Patterson House at the Ardenwood Historic Farm Regional Preserve.

Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommend the City Council authorize the City Manager or her designee to execute a Special Use Agreement between the City of Fremont and the East Bay Regional Park District for a 5-year term through December 2029 for the management of the historic Patterson House at Ardenwood Historic Farm Regional Preserve, with an annual payment of $92,640 increased annually by 2.0%.

BACKGROUND: The Ardenwood Historic Farm Regional Preserve (Ardenwood Farm) is a City-owned property in the City of Fremont. The East Bay Regional Park District (District) and the City of Fremont (City) entered into a Management Agreement in 1982 for the District to operate Ardenwood Historic Farm. The Management Agreement was renewed in 1997 and, most recently, in 2010 for an initial term of 50 years with an option to renew for an additional 49-year term. The original Management Agreement made provisions for the City to restore, operate, and interpret the Patterson House. The Patterson House is a 19-room Queen Anne Victorian farmhouse, which operates as a museum of local history and Victorian life.

The 2010 Management Agreement stated that the City and District enter in to and revise, as needed, a separate “Special Use Agreement.” This shorter-term agreement was established to provide greater flexibility in how the Patterson House is incorporated into the overall operation of Ardenwood Historic Farm and identifies compensation to the City for the tours and programs offered at the Patterson House, and management of the Patterson House. The Patterson House is listed in the National Register of Historic Places.

DISCUSSION/ANALYSIS: This Special Use Agreement has defined District and City responsibilities regarding the Patterson House operation for a five-year interval. The District and City will continue to support the Ardenwood Land Use Plan, Business Plan, and the Mission, Vision and Goals of the District and the Park and Recreation Master Plan of the City.

The City maintains an onsite staff office in the building adjacent to the Patterson House known as the “Cook House”, which is also included in the Special Use Agreement. Activities or programs outside of the Patterson House premises as defined in the Agreement may require a separate permitting process. The Special Use Agreement will waive the fee for up

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to five Special Event Permits annually for City programs offered from time to time in other areas of Ardenwood Historic Farm. The City and District continue to partner on items of historical significance at the park and the tours offered by City enhance the visitor experience at Ardenwood Historic Farm.

FISCAL IMPACT: The District shall compensate the City for providing Patterson House tours to the public and scheduled groups at $92,640 per year, to be increased annually by 2.0%. The payment partially covers City costs for Patterson House management providing interpretive services, house maintenance and operations.

Revenue and expenditures for the current year were included in the Recreation Cost Center (Fund 189) FY 2024/25 adopted operating budget. Staff will include future year revenue estimates and expenditure appropriations in those future year proposed operating budgets.

ENVIRONMENTAL REVIEW: The proposed agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Providing tours and maintenance for an existing facility will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or designee to execute a Special Use Agreement with the East Bay Regional Park District for operation of the Patterson House in Ardenwood Historic Farm for a five-year term, January 2025 – December 2029, with an annual payment of $92,640 increased annually by 2.0%.

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Fremont City Council Meeting: 01/14/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5334) DOC ID: 5334 A
Updated: 1/8/2025 8:28 PM by Susan Gauthier A Page 1

ENRICHMENT PROGRAM SERVICES AGREEMENT BETWEEN THE CITY OF FREMONT AND THE FREMONT UNIFIED SCHOOL DISTRICT - Enrichment Program Services Agreement between the Fremont Unified School District and City of Fremont to Offer Intersession, Afterschool and Summer Enrichment Learning Program Services through Summer 2026
Contact Persons:

Name: Irene Jordahl Michael Sa
Title: Recreation Superintendent II Deputy Director of Community Services
Div/Dept: Community Services Community Services
Phone: 510-494-4322 510-494-4372
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommends the City Council authorize the City Manager or a designee to execute the Enrichment Program Services Agreement between the City of Fremont and the Fremont Unified School District (FUSD) through August 2026, consisting of afterschool, intersession and summer enrichment learning programs for FUSD students in grades TK through eighth, on a fee for service basis.

BACKGROUND: The California Department of Education (“CDE”) apportions state funding to local education agencies, including the FUSD, to provide an Expanded Learning Opportunities Program (“ELO-P”), consisting of afterschool and summer school or intersession learning programs for students in grades transitional kindergarten (“TK”) through eighth, and focusing on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences, and complement, but not replicate, learning activities in the regular school day and school year.

The City operates enrichment camps and programs (“Programs”) for students in grades TK-8, with students engaging in hands-on learning activities, leadership opportunities, and teambuilding skills in structured, safe and supportive environments; providing participants options that stimulate their interest and growth and meet their developmental, physical, and socio-emotional needs.

FUSD and the City desire to enroll FUSD students that are eligible for ELO-P in the City’s Recreational Division’s enrichment programs throughout Fremont through August 2026.

DISCUSSION/ANALYSIS: FUSD will cover program fees for eligible students to enroll in City of Fremont Recreation Division Programs pursuant to this Agreement. Eligible students may enroll in the courses offered by the City of Fremont Community Services Department ’ Recreation Division. The Recreation Division lists available courses through regular newsletters and their website, http://www.RegeRec.com.

FUSD ELO-P students will have their program fees paid for at specific levels based on determination of eligibility through FUSD. FUSD will reimburse the City for program fees for

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eligible students. Funding for this program is provided by ELO-P funds allocated by the CDE to FUSD.

FISCAL IMPACT: Under this proposed Agreement, FUSD will reimburse the City in an amount not to exceed $500,000 through August 2026 for ELO-P eligible students for grade TK–8 students.

FUSD will cover the tuition and material fees for each category of ELO-P eligible students up to the following total:
• English Learner-eligible students: Up to $1000/student • NSLP-eligible students: Up to $2000/student
• Foster Youth, McKinney-Vento Program, and Migrant Program eligible students: Up to $3000/student
• Foster Youth, McKinney-Vento Program, and Migrant Program eligible students:

FUSD may permit reimbursement totals beyond the $3000/student limits for these eligible students. FUSD will notify the CITY of any exceptions to this limit.

The City shall submit invoices to FUSD itemizing and clearly identifying all charges.

Payments to FUSD shall be made within thirty days after City staff submits a detailed invoice to FUSD.

Revenue and expenditures for the current year were included in the Recreation Cost Center (Fund 189) FY 2024/25 adopted operating budget. Staff will include next year’s revenue and expenditures in the FY 2025/26 proposed operating budget.

ENVIRONMENTAL REVIEW: The proposed agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Providing enrichment services to children in existing facilities will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager or designee to execute the Enrichment Program Services Agreement between the City of Fremont and the Fremont Unified School District for partnership and services consisting of intersession, afterschool and summer programs through August 2026 for Transitional Kindergarten through eighth grade students, on a fee for service basis.

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Fremont City Council Meeting: 01/14/25 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5339) DOC ID: 5339
Updated: 1/8/2025 8:41 PM by Susan Gauthier Page 1
2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION – Citywide - PLN2025-00074 - Public Hearing (Published Notice) To Consider Adoption of a Resolution for Objective Design Standards for Historic Homes Associated with State law Compliance and an Ordinance for Associated Text Amendments to the Historic Resources Chapter (FMC Chapter 18.175); and to Consider Exemptions for the Proposed Amendments 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 Zoning), §15262 (Feasibility and Planning Studies), and §15378 (Project).

Contact Persons:

Name: James Willis Joel Pullen
Title: Senior Planner Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4449 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: As part of the implementation of the 2023 – 2031 Housing Element of the Fremont General Plan, the City is required to enact the policies and rules contained in a number of programs. Program 4 requires the City adopt objective standards for historic homes to reduce the processing time and uncertainty for applications related to eligible historic resources. The State of California requires the City implement certain programs in the Housing Element within two years of the Housing Element’s adoption in January 2023, including Program 4.

The proposed objective standards for eligible register resources, which are attached to this staff report along with the associated updates to the Fremont Municipal Code (FMC), are intended to accomplish the requirements of Program 4 prior to the State mandated deadline. The proposed objective standards would preserve protections necessary for maintaining the historic integrity of historic homes in Fremont, while still meeting the City’s and State’s goals to increase the supply of housing.

BACKGROUND:

Fremont Housing Element

The Housing Element is an element of the Fremont General Plan that contains an eight -year plan to meet the housing needs of everyone in the community. It provides a blueprint for how the City of Fremont can protect the housing stability of existing residents; preserve and improve the existing housing stock; and produce new housing at all income levels.

On January 10, 2023, the Fremont City Council voted unanimously to adopt the 2023–2031 Housing Element. Shortly after its adoption, the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and certification. HCD is responsible for reviewing every Housing Element in the State and

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determining whether the Housing Element complies with State law. On March 22, 2023, HCD certified Fremont’s 2023–2031 Housing Element.

The 2023-2031 Housing Element contains six goals, as listed below:

• Goal 1. Preserve, Maintain, and Improve the Existing Housing Supply

• Goal 2. Help Current Residents Maintain Stable and Safe Housing in Fremont

• Goal 3. Promote Production of New Affordable and Market-Rate Housing

• Goal 4. Maximize Support and Resources for Affordable Housing Production

• Goal 5. Address Disparities in Access to Housing and Disproportionate Housing Needs

• Goal 6. Maintain a Compliant Housing Element and Zoning Ordinance

As part of the implementation of the certified Housing Element, a number of programs were adopted. The specific program related to historic properties is Program 4 which reads:

Program 4. Objective Design Standards for Historic Homes. The City promotes preservation of historic resources through a program that screens possible historic resources when projects come in for alteration or demolition. There have been several successful large residential projects in the City that incorporated historic resources and allowed them to be adapted into modern housing. Additionally, the City has received much interest from homeowners of individual historic homes in adding an ADU consistent with the City’s adopted objective design standards for ADUs on historic properties. In order to reduce the processing time and uncertainty for applications involving historic resources, the City would develop a set of objective design standards for the review of projects involving historic homes.

The City is required to adopt regulations to enact Program 4 within two years of the Housing Element’s adoption.

State Housing Law

State law requires that a city’s Housing Element demonstrate that the City has adequately planned to meet the housing needs of the community at all income levels. This obligation includes both providing zoned capacity to accommodate a city’s allocation of housing and developing policies and procedures to facilitate the development of that housing. The requirements for a compliant Housing Element are set by the California Government Code.

Since the last Housing Element update in 2015, multiple state laws have modified the requirements for a certified Housing Element. A brief summary of relevant laws is below:

• AB 72 (Santiago, 2017) authorized the California Department of Housing and Community Development (HCD) to review actions by local jurisdictions in the middle of a planning period for consistency with their Housing Element and State law. It provides HCD greater authority to react to violations of Housing Element law, including the imposition of penalties. Specific penalties could include revocation of a

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previous Housing Element certification and referral of violations to the attorney general for legal action.

• SB 166 (Skinner, 2017) required local jurisdictions to maintain adequate sites to accommodate the remaining Regional Housing Needs Allocation (RHNA) throughout the Housing Element planning period. If a development is proposed on a Housing Element inventory site at a density lower than the intended density in the Housing Element, a jurisdiction must either make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category.

• SB 35 (Wiener, 2017) added a requirement that local jurisdictions must allow for a streamlined ministerial approval process when the jurisdiction has not yet made sufficient progress toward their allocation of the regional housing need.

• SB330 (Skinner, 2019) prohibits local jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. The law also prohibits an agency from holding more than five hearings in connection with review of a proposed housing development and does not allow residential projects to be denied on the basis of requested density bonus concessions and waivers. Furthermore, the law prohibits jurisdictions from creating new standards which make housing development more difficult from the rules in effect in 2018, including rules related to height, setback, and density.

As a result of recent legislative changes, the penalties for having a non-compliant Housing Element have substantially increased. Jurisdictions without a compliant housing element have historically been ineligible for state administered funding programs, including programs for affordable housing. Recent changes have added additional basis for action against cities with a non-compliant housing element, including:

• Litigation from the State Department of Justice

• Loss of permitting authority

• Financial penalties up to $50,000 a month

• Court receivership of housing element process

Furthermore, HCD has created a new Housing Accountability Unit (HAU) that is tasked with enforcing Housing Element law throughout the planning period. The HAU intends to review local government actions, or failures to act, that it deems inconsistent with an adopted Housing Element or State law. This includes failure to implement program actions included in a previously certified Housing Element. HCD may revoke Housing Element compliance at any point during the planning cycle if it finds that a jurisdiction’s implementation actions are not consistent with state law.

During review of the City’s Housing Element, HCD identified the subjective nature of the City’s historic review process, particularly for single family and two-family homes as well as ADUs, as onerous and not being in compliance with State housing laws. The City is therefore

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required to implement changes in the process to streamline review of these types of projects. These rules are not specific to Fremont, but are Statewide regulations imposed on local jurisdictions to streamline housing development in response to the housing crisis.

Many of the recently passed State housing laws include requirements for objective standards and permit streamlining. Objective standards must provide clear and quantifiable requirements for projects and streamlining would reduce the number of public hearings that a housing project may be subject to. The intent of these new laws is to facilitate housing production goals statewide to help alleviate California’s housing crisis.

Historical Architectural Review Board
On November 14, 2024, the Fremont Historical Architectural Review Board (HARB) held a public hearing to consider a recommendation to the City Council regarding these same historic objective standards and zoning text amendment. After asking some questions about the applicability of the standards and how they could help alleviate the housing shortage, the Board unanimously recommended approval to the City Council with no modifications.

Please refer to the HARB staff report (Informational 2) and the draft HARB minutes from that hearing (Informational 3). There were no public speakers at the HARB hearing.

Planning Commission
On December 12, 2024, the Fremont Planning Commission held a public hearing to consider a recommendation to the City Council regarding the proposed zoning text amendment and the proposed historic objective standards. The Planning Commission asked questions about the types of projects that these objective standards would apply to and questions about how many eligible historic resources there are in Fremont currently. There were no public speakers at the Planning Commission hearing. The Planning Commission recommended approval of the zoning text amendment and historic objective standards unanimously to the City Council. Please refer to the Planning Commission staff report (Informational 4) and the draft Planning Commission meeting minutes (Informational 5).

DISCUSSION/ANALYSIS:

Project Description:

The City is required by State Law to enact programs contained in the Fremont Housing Element. Program 4 requires the City to prepare objective standards for historic homes to be in conformance with recently passed State Law. The proposed Objective Standards for Eligible Register Resources (Objective Standards) are intended to meet the requirements of Program 4. These Objective Standards would not apply to listed register resources, nor to projects involving demolition or relocation of listed or register eligible structures. These objective design standards would provide a streamlined and standardized basis by which to review proposed projects at eligible historic single-family and two-family residential properties, while ensuring that projects which seek to maintain and expand the City’s housing supply do not negatively impact the significance and character of Fremont’s historic buildings. These objective design standards are provided as a set of checklists which are intended to inform project development and reduce uncertainty and delays in the review process. Failure to adopt objective standards under Program 4 could result in the State HAU finding the City out of compliance with the certified Housing Element and could result in enforcement actions being imposed upon the City as described above.

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General Plan Conformance:

The following General Plan policies are among those most applicable to this project:

LAND USE POLICY 2-1.11: Infill Emphasis – Focus new development on underutilized or “skipped over” sites that are already served by infrastructure and public streets.

Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses.

LAND USE ELEMENT IMPLEMENTATION 2-2.5.A: ZONING UPDATE – Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form-based approach to regulating development in City Center and the Town Centers. The update should reflect best practices in zoning, including the use of form-based codes, and should explore innovative and creative ways to achieve a more pedestrian-friendly and sustainable land use pattern. At the same time, the update should also address zoning “fundamentals” such as definitions, allowable densities and floor area ratios, height and bulk controls, and the use of overlays to achieve place specific objectives.

LAND USE POLICY 2-3.2: Neighborhood Reinvestment – Encourage continued reinvestment in Fremont neighborhoods by the public and private sectors. While the basic land use pattern in many neighborhoods is already set and will be maintained, their improvement and evolution should be viewed an important part of the City’s sustainability initiatives.

Housing Element Goal 3: Promote Production of New Affordable and Market-Rate Housing - Fremont has adequate General Plan land use designations and zoning in place to meet the community’s RHNA targets. However, significant barriers exist to develop enough new housing, in particularly affordable housing, to meet the community’s needs. Goal 3 focuses on removing the barriers to the production of affordable and market rate housing in Fremont.

Housing Element Goal 4: Maximize Support and Resources for Affordable Housing Production - Construction of affordable housing generally requires large subsidies from Federal, State, County or local government sources in order to be financially feasible, yet there is not nearly enough funding available to subsidize all of the affordable housing needs in the region. The lack of available resources is a significant barrier to the production of affordable housing. Goal 4 focuses on maximizing resources, streamlining processes, and providing incentives to encourage the production of affordable housing.

Housing Element Goal 5: Address Disparities in Access to Housing and Disproportionate Housing Needs - Disparities in housing access and quality exists in Fremont, particularly among low-income people of color. Residents of color are more likely to experience homelessness, cost-burden, and overcrowding. Residents of color are also more likely to be renters than homeowners, which contributes to their disproportionate housing instability. Goal 5 focuses on meaningful actions to address the factors that detract from fair housing access within Fremont.

Housing Element Goal 6: Maintain a Compliant Housing Element and Zoning Ordinance - Goal 6 focuses on consistent evaluation of the effectiveness of Housing

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Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Analysis: The Housing Element is a mandatory element of the General Plan, and it includes State-approved policies and programs to increase housing opportunities in the City.

California Government Code section 65585(i) requires that the City implement all new housing laws, and noncompliance may result in the State revoking certification of the City’s 2023-2031 Housing Element. Program 4 was included as a Housing Element implementation action to capture changes in State law not yet reflected in the City’s Planning and Zoning Ordinance or other design guidelines. The purpose of the Objective Standards and this Code Update is to align the FMC and the City’s development process with recently passed State legislation and to provide more clarity to the public, staff, and decision-makers when applying regulations to eligible historic housing development projects and residential uses.

Staff has made a good faith effort to prepare the Objective Standards and zoning text amendments to be in complete compliance with State law; however, State legislation is complicated and nuanced, primarily because of the annual changes enacted by the Legislature. As such, many of the state laws informing the proposed amendments are still being interpreted by courts throughout the State. Future amendments to state laws and court interpretations of the laws are likely, which could result in the need to modify the proposed amendments or other areas of the FMC. Staff will monitor amendments and new interpretations of the law and bring forward any future amendments to City codes, as necessary.

The following Community Character Element policies are among those applicable to this project:

COMMUNITY CHARACTER Policy 4-6.1: Protection of Historic Resources - Identify, preserve, protect and maintain buildings, structures, objects, sites and districts which are reminders of past eras, events, and persons important in local, state, or national history. Historic structures which provide significant examples of architectural periods and styles of the past are irreplaceable assets. They should be protected to provide present and future generations with examples of the physical environments in which past generations lived and worked. The needless destruction and impairment of significant historic resources must be prevented so that opportunities for public enjoyment and economic utilization of such resources are not diminished or lost.

COMMUNITY CHARACTER Policy 4-6.2: Construction and Alterations within Historic Areas - Require new construction or alterations to Register Resources or Potential Register Resources located within a designated HOD or NCA to be subject to review and approval by the Historical Architectural Review Board (HARB). However, single - family residential properties (other than Fremont Register Resources and Potential Register Resources) located within an HOD or NCA are not subject to review by HARB.

COMMUNITY CHARACTER Implementation 4-6.2.A: Secretary of the Interior Standards - Review proposed alterations to Register Resources and Potential Register Resources in a manner that is consistent with the recommended procedures and best practices provided in The Secretary of the Interior's Standards for the Treatment of

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Historic Properties, including guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings.

COMMUNITY CHARACTER Policy 4-6.5: Design Compatibility - Preserve the architectural continuity and design integrity of historic districts and other areas of strong architectural character. New development within such areas does not need to replicate prevailing architectural styles exactly but should be complementary in form, height, and bulk.

COMMUNITY CHARACTER Policy 4-6.6: Historic Preservation Regulations - Observe local, State and Federal historic preservation laws, regulations and codes to ensure conservation of Fremont’s significant historic resources. These laws include but are not limited to Mills Act Historic Property contracts, the California Historical Building Code, and State laws related to archaeological resources.

Analysis: Fremont values its historic heritage and has established policies and regulations to protect historic resources in the City. The City proactively identifies, maintains, and protects its historic resources. The proposed Objective Standards and the associated amendment to the FMC would allow the City to continue to protect the integrity of eligible historic resources while remaining in compliance with recently passed State legislation. Furthermore, the proposed Objective Standards would allow the HARB to remain focused on reviewing projects related to properties on the Historic Register(s) and larger developments in the historic overlay districts of Niles and Mission San Jose.

Zoning Amendment:

Currently, certain types of projects are eligible for expedited review in which planning staff, rather than the HARB, make the required findings per FMC 18.175.250. These projects are typically less likely to adversely impact a historic resource, such as in-kind replacement of existing features such as windows and doors, siding, porches, stairs, and other exterior features that are damaged beyond repair or had been removed, and replacement of roof coverings, fences and paving consistent with the Secretary of the Interior’s Standards. The HARB may also delegate review of certain projects to planning staff, including removal of incompatible additions and alterations, seismic retrofitting, minor alterations that do not impact the historic character of a property or are not visible from public-rights-of-way, and construction of small accessory buildings and structures. In these cases, planning staff must make the required findings that a project adheres to the Secretary of the Interior’s Standards and relevant local guidelines and standards.

The proposed amendment to FMC 18.175.250 (Expedited review of minor alterations to register/potential register resources) would allow City staff to implement the Objective Standards in accordance with Program 4 and State law. The addition of subparagraph 6 would allow the use of the Objective Standards to review additions, new construction, and ADU projects that have been identified as containing an eligible historic resource, but the resource is not actually on the historic register. The ordinance would only apply to single family and two-family lots, not multi-family or mixed use, nor would it apply to projects that contain a home that has been converted into a different use such as a commercial conversion.

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Objective Standards:

The proposed Objective Standards are intended to provide a more streamlined review process for projects at single- and two-family residential properties that are eligible for the Historic Register. Projects may include alterations to original features of historic residential buildings (preservation/maintenance of original features, repair or replacement of features, and mechanical upgrades), additions, accessory dwelling units, and new construction on historic residential properties. The objective standards would not apply to projects involving demolition or relocation of eligible register resources or to certain agricultural structures.

Adhering to the Objective Design Standards provides an alternative to the discretionary design review process as required by Program 4 of the adopted Housing Element. Project applicants who propose alterations, additions, or new construction which do not comply with the objective design standards at historic residential properties would proceed with the City’s existing discretionary design review process, which involves HARB review, as provided in the FMC.

The Objective Standards document contains a flow chart diagramming the process to utilize the Objective Standards. Applicants would first need to determine if their project is eligible for the Historic Register through the normal process of having a qualified historian prepare a Department of Parks and Recreation form to document the history of the site. If the project is eligible for the Historic Register, and the proposed project is eligible to use the Objective Standards, the applicant would complete the appropriate checklist contained in the Objective Standards then utilize the appropriate Architectural Style Worksheet to identify the allowable and prohibited architectural elements and exterior materials. The completed checklist would be submitted with the project application for staff ministerial review. If staff confirms the proposed work is eligible to use the Objective Standards and the proposed architectural elements and exterior materials conform to the appropriate Architectural Style Worksheet, the project would be approved. Please refer to the attached Objective Standards document for more details on the process.

FINDINGS FOR APPROVAL: In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council.

Pursuant to FMC §18.225.060, to approve the proposed zoning text amendment, the City Council must make the following findings specified in FMC §18.225.050:

(1) The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.

Analysis: The proposed amendment would be consistent with the General Plan Land Use and Community Character Elements because the proposed amendment would streamline the process to review certain projects affecting eligible historic resources, update the City’s land use regulations to achieve consistency with State law, and support compatible land uses.

Furthermore, the proposed amendment would also implement Program 4 from the City’s 2023-2031 Housing Element, which is part of Fremont’s General Plan.

(2) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendment would further the public interest, convenience, and general welfare of the City because the proposed amendment would implement the City’s

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Housing Element, which is part of the City’s General Plan. The proposed amendment would ensure that the City’s planning and zoning regulations comply with State law. The proposed amendment would streamline the process by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The proposed text amendment and Objective Standards are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1) In that it can be seen with certainty that there is no possibility that the proposed text amendment and Objective Standards would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023-2031 Housing Element and would not approve any development. §15061(b)(3) Review for Exemption.

2) In that the proposed text amendment and Objective Standards are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendment and Objective Standards do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substantially more severe than analyzed in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and the proposed amendment and Objective Standards are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals. §15183, Projects Consistent with a Community Plan, General Plan, or Zoning and/or §15162 Subsequent EIRs and Negative Declarations.

3) In that the proposed amendment and Objective Standards may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions. §15262 Feasibility and Planning Studies.

4) In that the proposed amendment and Objective Standards are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. §15378 Project.

ATTACHMENTS:
• Exhibit A - Draft Ordinance XX-2025
• Exhibit B Resolution 2025-XX
• Exhibit C - Fremont ODS for Potential Register Residences

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• Informational 1 - Fremont ODS Process Flowchart
• Informational 2 - HARB Staff Report
• Informational 3 - HARB Draft Minutes 11-14-24
• Informational 4 - Planning Commission Report 12-12-2024 • Informational 5 - Draft Planning Commission Minutes 12-12-2024

RECOMMENDATIONS:

1. Hold public hearing.

2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15061 Review for Exemption, CEQA Guidelines Section 15262 Feasibility and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and/or §15162 Subsequent EIRs and Negative Declarations;

3. Find that the proposed zoning text amendment and Objective Standards are consistent with the Fremont General Plan;

4. Find that the proposed zoning text amendment and Objective Standards further the public interest, convenience, and general welfare of the City by ensuring consistency between the FMC and the City’s General Plan, with State law, and provide for a streamlining of the process of reviewing eligible historic resources by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents;

5. Introduce the ordinance amending Title 18 (Planning and Zoning) attached to this report as Exhibit B;

6. Adopt the resolution attached to this report as Exhibit C, implementing Program 4 of the City’s 2023-2031 Housing Element to identify Objective Design Standards for modifying eligible historic resources for single family and two family residential development.

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Ordinance No. XX-2025 (PLN2025-00074) Page 1 of 5
ORDINANCE NO. XX-2025

AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT
MUNCIPAL CODE TITLE 18 (PLANNING AND ZONING) TO COMPLY WITH STATE LAW AND IMPLEMENT PROGRAM 4 OF THE CITY’S
2023-2031 HOUSING ELEMENT ; AND MAK ING FINDINGS OF CEQA EXEMPTION (PLN2025-00074)
W HEREAS, the City of Fremont (“City”) occasionally initiates amendments to the Fremont Municipal Code (“FMC”) to clarify, add, or amend certain provisions to ensure that the local regulations remain current with Federal and State law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code §65589.5); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Government Code §65589.5); and WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 ( Senate Bill 330) which states that “In 2018, California ranked 49
th out of the 50 states in housing units per capita…
California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires the City to adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s Regional Housing Need Allocation (“RHNA”) of 12,897 housing units, comprised of 3,640 very- low income units, 2,096 low- income units, 1,996 moderate-income units, and 5,165 above moderate-income units; and
WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Government Code §65583(c)(5)); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Government Code §§ 65583.2 and 65583(c)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Government Code §§ 65583.2 and 65583(c)); and
EXHIBIT A 5.A.a
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Attachment: Exhibit A - Draft Ordinance XX-2025 (5339 : 2024 Code Update - Housing Element Implementation)

Ordinance No. XX-2025 (PLN2025-00074) Page 2 of 5

WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a General Plan Amendment to update the Housing Element; and
WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by the California Department of Housing and Community Development (“HCD”), the City’s response to HCD’s findings, public comments, and the Planning Commission’s recommendation, and adopted the Housing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, HCD certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and WHEREAS, State law requires that the City review its Housing Element as frequently as appropriate to evaluate the progress of the City in implementation of its Housing Element (Government Code §65588); and
WHEREAS, Program 4 of the City’s 2023- 2031 Housing Element requires the City to develop Objective Design Standards for the City’s eligible historic register resources to provide a predictable basis to review housing projects; and
WHEREAS, the proposed FMC amendments to Title 18 (Planning and Zoning) are intended to implement the requirements of State law; and WHEREAS, on __________________, the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and recommended that the City Council adopt the proposed FMC amendments to Title 18 (Planning and Zoning); and WHEREAS, a Staff Report, recommending approval of the proposed FMC amendments to Title 18 (Planning and Zoning), was submitted to the City Council; and WHEREAS, on ____________________, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. SECTION 18.175.250 AMENDED
Fremont Municipal Code Title 18, Chapter 18.175, Section 18.175.250 is amended to read as follows:

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Attachment: Exhibit A - Draft Ordinance XX-2025 (5339 : 2024 Code Update - Housing Element Implementation)

Ordinance No. XX-2025 (PLN2025-00074) Page 3 of 5

18.175.250 Expedited review of minor alterations to register/potential register resources. (a) The following categories of projects shall be reviewed by planning staff for compliance with the standards set forth in Section 18.175.220. The board secretary may take action on these projects unless the board secretary determines that the significance of the historic resource, or the discrepancies between the proposal and the findings and standards of this title, would justify more public review by a referral to either the alterations subcommittee or the board:
{Subsections (1) through (5) remain unchanged}
(6) Modifications, including residential additions, remodels, and Accessory Dwelling Units (ADUs) and/or Junior Accessory Dwelling Units (JADUs) (but not including demolition or relocation of a resource), to single-family and two-family dwellings used as such that are not register resources but have been formally identified in a DPR 532 A/L, or a successor form, as being eligible for register listing, when such modifications conform to the [insert name of document to be adopted by resolution] adopted by the City Council on [date], and as those standards may be amended.
{Subsection (b) remains unchanged}
SECTION 1. CEQA
The City Council finds that the proposed amendments to the Fremont Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis:
(1) CEQA Guideline §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023-2031 Housing Element and would not approve any development.
(2) CEQA Guideline §15183 [Project s Consistent with a Community Plan, General Plan, or Zoning] and/or CEQA Guideline §15162 [Subsequent EIRs and Negative Declarations] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendments do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and many of the proposed amendments are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals.

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Attachment: Exhibit A - Draft Ordinance XX-2025 (5339 : 2024 Code Update - Housing Element Implementation)

Ordinance No. XX-2025 (PLN2025-00074) Page 4 of 5

(3) CEQA Guideline §15262 [Feasibility and Planning Studies] in that the proposed amendments may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions.
(4) CEQA Guideline §15378 [Project] in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physic al changes in the environment.

SECTION 2. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sect ions, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 4. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on ____________________, and finally adopted at a regular meeting of the City Council held on ____________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Exhibit A - Draft Ordinance XX-2025 (5339 : 2024 Code Update - Housing Element Implementation)

Ordinance No. XX-2025 (PLN2025-00074) Page 5 of 5

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Exhibit A - Draft Ordinance XX-2025 (5339 : 2024 Code Update - Housing Element Implementation) Resolution No. 2025-XX (PLN2025-00074) Page 1 of 4
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT IMPLEMENTING PROGRAM 4 OF THE 2023-2031 HOUSING ELEMENT

TO ADOPT OBJECTIVE DESIGN STANDARDS FOR SINGLE -FAMILY

AND TWO -FAMILY ELIGIBLE HISTORIC REGISTER RESOURCES
(PLN2025-00074)
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code §65589.5); and
WHEREAS, the California Legislature passed Senate Bill 330 and adopted the “Housing Crisis Act of 2019” (“HCA”) which states that “In 2018, California ranked 49 th out of the 50 states
in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and
WHEREAS, the California Legislature passed the HCA to address the current “housing crisis” in the State with the aim of increasing residential unit development, protecting existing housing inventory, and expediting permit processing; and WHEREAS, State Housing Element Law (Government Code §65580 et seq.) requires the City to adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need allocation (“RHNA”) of 12,897 housing units, comprised of 3,640 very-low income units, 2,096 low-income units, 1,996 moderate-income units, and 5,165 above moderate- income units; and
WHEREAS, on December 22, 2022, the Planning Commission held a public hearing and recommended that the City Council adopt a General Plan Amendment to update the Housing Element; and
WHEREAS, on January 10, 2023, the City Council conducted a public hearing, reviewed the 2023-2031 Housing Element and all pertinent maps, documents and exhibits, including the findings and recommended changes made by the California Department of Housing and Community Development (“HCD”), the City’s response to HCD’s findings, public comments, and the Planning Commission’s recommendation, and adopted the Housing Element after determining it to be consistent with State law and the City’s General Plan; and WHEREAS, on March 22, 2023, HCD certified the City’s 2023–2031 Housing Element, making Fremont the sixth city in Alameda County to receive State certification; and EXHIBIT B 5.A.b
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Attachment: Exhibit B Resolution 2025-XX (5339 : 2024 Code Update - Housing Element Implementation)

Resolution No. 2025-XX (PLN2025-00074)

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WHEREAS, State law requires that the City review its Housing Element as frequently as appropriate to evaluate the progress of the City in implementation of its Housing Element (Government Code §65588); and
WHEREAS, Program 4 of the City’s 2023- 2031 Housing Element requires the City to develop Objective Design Standards for the City’s eligible historic register resources to provide a predictable basis to review housing projects; and
WHEREAS, such Objective Design Standards will be applicable to housing development projects, as defined by the Housing Accountability Act, and as mandatory standards for all qualifying projects; and
WHEREAS, as an alternative, any applicant of a housing development project seeking exceptions to the Objective Design Standards may proceed with the City’s existing discr etionary design review process; and
WHEREAS, on ____________________, the Historical Architectural Review Board held a duly noticed public hearing, during which all interested persons were heard, and recommended that the City Council adopt the proposed Objective Design Standards for single -family and two- family eligible historic register resources; and
WHEREAS, on ____________________, the Planning Commission held a duly noticed public hearing, during which all interested persons were heard, and reco mmended that the City Council adopt the proposed Objective Design Standards for single-family and two-family eligible historic register resources; and
WHEREAS, a Staff Report , recommending approval of the proposed Objective Design Standards, was submitted to the City Council; and
WHEREAS, on ____________________, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. CEQA
The City Council finds that the proposed objective standards for single-family and two -family eligible historic register resources are exempt from the requirements of the Califo rnia Environmental Quality Act (CEQA) pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

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Attachment: Exhibit B Resolution 2025-XX (5339 : 2024 Code Update - Housing Element Implementation)

Resolution No. 2025-XX (PLN2025-00074)

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(1) CEQA Guideline §15061(b)(3) [Review for Exemption] in that it can be seen with certainty that there is no possibility that the proposed text amendments would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023-2031 Housing Element and would not approve any development.
(2) CEQA Guideline §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or CEQA Guideline §15162 [Subsequent EIRs and Negative Declarations] in that the proposed text amendments are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed ame ndments do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and many of the proposed amendments are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals. (3) CEQA Guideline §15262 [Feasibility and Planning Studies] in that the proposed amendments may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions.
(4) CEQA Guideline §15378 [Project] in that the proposed amendments are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

SECTION 2. OBJECTIVE DESIGN STANDARDS
The City Council adopts the Objective Design Standards for Potential Register Resources, attached as Exhibit “A” and incorporated by reference as though fully set forth herein.

SECTION 3. MINOR REVISIONS AND CLARIFICATIONS
The City Council hereby delegates responsibility to the Community Development Director, or their designee, to make miscellaneous, minor administrative, clarifying, and technical revisions that facilitate implementation of the adopted Objective Design Standards . Examples of such revisions include word substitutions for clarification purposes, changes to graphics, formatting, and other typographical changes that do not substantially alter the intent, meaning, or purpose of any standard.

SECTION 4. SUBSTANTIAL CHANGES
Any substantial amendments to the Objective Design Standards shall be presented to the , Historical Architectural Review Board, Planning Commission, and City Council, respectively, for consideration and approval.

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Attachment: Exhibit B Resolution 2025-XX (5339 : 2024 Code Update - Housing Element Implementation)

Resolution No. 2025-XX (PLN2025-00074)

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SECTION 5. EFFECTIVE DATE
The effective date of this resolution shall be ____________________.

SECTION 6. ADOPTION DATE
The City Council adopted this resolution on ____________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Exhibit B Resolution 2025-XX (5339 : 2024 Code Update - Housing Element Implementation) 1 FREMONT OBJECTIVE DESIGN STANDARDS FOR ELIGIBLE

POTENTIAL REGISTER RESIDENCES

INTRODUCTION
The Objective Design Standards for Eligible Potential Register Residences have been developed in response to Program 4 of the City of Fremont’s 2023-2031 Housing Element, which requires the City to develop a set of objective design standards for the review of projects involving historic homes. These objective design standards provide a standardized basis by which to review proposed projects at historic residential properties while ensuring that projects which seek to maintain and expand the City’s housing supply do not negatively impact the significance and character of Fremont’s historic buildings. These objective design standards are provided as a set of checklists which are intended to inform project development and reduce uncertainty and delays in the review process.

WHICH PROJECTS AND PROPERTIES DO THESE STANDARDS APPLY TO? These objective design standards are intended to provide a more streamlined review process for projects at single- and two-family residential properties that are considered “potential register resources.” Projects may include alterations to original features of potential historic residential buildings (preservation/maintenance of original features, repair or replacement of features, and mechanical upgrades), residential to commercial adaptive reuse, additions, accessory dwelling units, and new construction on potential historic residential properties.

Adhering to the objective design standards provides an alternative to the discretionary design review process.

I
n the City of Fremont, potential register resources are properties that have been found eligible for listing on the Fremont Register of Historic Resources (Fremont Register). The Objective Design Standards for Potential Register Residences do not apply to register resources, properties that are listed on the Fremont Register.

Projects at properties with register resources must be reviewed by the Historic Architectural Review Board (HARB) and follow the City’s discretionary review process. Please ask Planning staff regarding questions about the current status of your property.

I
n some cases, a property has not been explicitly evaluated for eligibility for listing on the Fremont Register but has been found eligible for listing in the California Register of Historical Resources (California Register) or National Register of Historic Places (National Register). As eligibility for either of these registers is considered by City of Fremont Municipal Code (“FMC”) Section 18.175.120 to be a basis for eligibility for the Fremont Register, these properties are also considered potential register resources for the purpose of project review.

T
hese historic preservation-specific Objective Design Standards for Potential Register Residences are intended to apply alongside other existing applicable standards, including the Citywide Objective Design Standards and Small-Lot Single-Family Objective Design Standards, adopted by City Council on November 14, 2023. If a project is proposed at a property within Glenmoor Gardens, Mission Ranch, or Mission San Jose districts, Objective Design Standards for those areas should be used instead of these objective design standards .

EXHIBIT C

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

2 INELIGIBLE OR NON-COMPLIANT PROJECTS
Some project types will not be eligible to use the objective design standards for streamlined review. Projects which propose to demolish potential register resources or those that would remove or alter agricultural buildings which are part of a potential register residential property will need to follow the City’s discretionary design review process.

Project applicants who propose alterations, additions, or new construction which do not comply with the objective design standards at potential register residential properties in Fremont also may proceed with the City’s existing discretionary design review process, as provided in the Fremont Municipal Code.

BACKGROUND
The City of Fremont’s Municipal Code Chapter 18.175, Historic Resources, provides that where discretionary review of a project is required, the Historic Architectural Review Board (HARB) may review proposed projects or project modifications which could alter the exterior character, setting, or historic features of a property which is listed or has been found eligible for listing on the Fremont Register. The discretionary review process empowers the HARB, and specifically the “alterations subcommittee” of the HARB, to “review demolition, alteration, relocation and development proposals pertaining to register resources and potential register resources” (FMC §

18.175.040(d)).

In the HARB’s review, to approve a proposed project, board members find that a project is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary of the Interior’s Standards) and with standards and guidelines adopted by City Council, such as district -specific or citywide design guidelines (FMC § 18.175.220). A project must also be found to be compatible with the period of significance and character-defining features of the historic resource and must not “adversely affect or otherwise compromise an important architectural, historical, cultural or archaeological feature or features” ( FMC § 18.175.220(b)).

Certain types of projects are eligible for expedited review in which planning staff, rather than the HARB, make the required findings. These projects are typically less likely to adversely impact a historic resource, such as in-kind replacement of existing features such as windows and doors, siding, porches, stairs, and other exterior features that are damaged beyond repair or had been removed, and replacement of roof coverings, fences and paving consistent with the Secretary of the Interior’s Standards. The HARB may also delegate review of certain projects to planning staff, including removal of incompatible additions and alterations, seismic retrofitting, minor alterations that do not impact the historic character of a property or are not visible from public -rights-of-way, and construction of small accessory buildings and structures. In these cases, planning staff must make the required findings that a project adheres to the Secretary of the Interior’s Standards and relevant local guidelines and standards.

Whether undertaken by HARB members or planning staff, the determination that a project is compatible with the character of a historic resource and adheres to the Secretary of the Interior’s Standards can involve a degree of subjectivity and introduce inconsistency and delays into the project review process.

The Objective Design Standards for Potential Register Residences are structured to ensure that projects comply with the Secretary of the Interior’s Standards, specifically the Standards for Rehabilitation, as well as the required findings for HARB review.
1 Projects which comply with these objective design standards can be presumed to meet the Secretary of the Interior’s Standards and will be presumed not to have an adverse impact on the eligibility of the potential register resource.

1 Projects proposing to construct a statewide exempt ADU may not be required to meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties. California Government Code Government Code Section 65852(e).

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

3 HOW TO USE THESE OBJECTIVE DESIGN STANDARDS
You will need to complete two or more checklists to demonstrate that your project complies with the Objective Design Standards for Potential Register Residences. Which checklists you need to complete will be determined by project type and by the historic character of the residence.

PROJECT TYPE CHECKLISTS
Complete each of the Project Type Checklists that correspond to the work proposed. Do not leave any boxes blank. For every item that is related to work proposed by a project, check “yes” or “no” to indicate if the project complies with that standard. If an item is not related to proposed work (e.g. the project proposes to replace windows in a historic house but will not reroof or alter any doors), check “N/A” for that standard. For a project to demonstrate compliance with the objective design standards, all the checkboxes should be either “yes” or “N/A.” If you need to check “no” for any aspects of your project, provide a description of how and why the standard is not met. Projects which cannot check “Yes” or “N/A” for all boxes may need to proceed with the standard discretionary design review process.

Alterations to Potential Register Residences(P1)
This set of objective design standards applies to projects which propose to modify, repair, or replace exterior features on houses which are potential register resources. Use this checklist if your project i nvolves changes to any of the following on a house that is a Fremont Potential Register Resource.  Roofs
 Exterior Cladding (e.g., siding)
 Doors and Entries (including front porches)
 Windows
 Chimneys
 Installation of exterior mechanical equipment
 Change in use from residential to commercial

Additions to Potential Register Residences (P2)
This objective design standards checklist applies to projects which propose to build a horizontal or vertical addition to a house that is a Fremont Potential Register Resource. This includes ADUs or JADUs which are physically attached to the historic building.

Detached Accessory Dwelling Units on Potential Register Residential Properties (P3) This objective design standards checklist applies to projects which propose to construct a new detached accessory dwelling unit (ADU) on a parcel which includes a house that is a Fremont Potential Register Resource.

Also use this checklist for projects which propose to convert an existing detached garage which is not part of the potential register property into an ADU. Do not use this checklist for projects which propose to convert a former agricultural building (e.g., tank-houses, barns) for residential or commercial use—those projects shall undergo the standard discretionary review process.

New Construction on Potential Register Residential Properties (P4) This objective design standards checklist applies to projects which propose to construct a new building or structure which is not an ADU on a parcel which includes a house that is a Fremont Potential Register Resource.

Use All Applicable Checklists
Projects should use all checklists which apply to the full scope of proposed work. For example, a project proposing to build an addition at the rear of a potential register residence and to repair existing siding and replace

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

4 windows on the front façade of the residence as part of the same project, shall complete both the “Alterations to Potential Register Residences (P1)” and “Additions to Potential Register Residences (P2)” checklists.

ARCHITECTURAL STYLE PROJECT WORKSHEETS
The Architectural Style Project Worksheets provide information about the character-defining features of the residential potential register resource that is part of a proposed project. They include checklists for how those features shall be retained, protected, and/or rehabilitated as part of the project. The Project Type Checklists require you to refer to the Architectural Style Project Worksheets when the existing residence’s architectural style determines the specifics of the objective design standard.

Each of the seven checklists applies to a residential architectural style or group of styles which is regularly found in Fremont:

The first section of the Architectural Style Project Worksheet (A1) indicates which of the “character-defining features” of the architectural style are present at your house. You will choose the sheet corresponding to the architectural style which most closely resembles your house. Use the example photo provided at the top of each checklist and the list of common character-defining features to identify the most likely style. If you know when your house was built, confirm that the date of construction falls within the range of the style’s dates of popularity. Many residential buildings are not distinctive examples of a particular style or may have features from more than one style. Choose the style that most closely approximates your house. If the house does not appear to match any of the categories provided in these checklists, use the “Vernacular / Other” checklist to identify t he features of your house.

Please choose only one style worksheet for your house and project.

The second and third sections of the Architectural Style Project Worksheet guides which types of compatible replacements, repairs, and components of additions may be used at a house of this architectural sty le, and which are prohibited. Refer to these “permitted” (A2) and “prohibited” (A3) lists when prompted by the Project Type Checklist that refers to your project.

Basic Building Information
In what year was your building constructed? ______________ What architectural style is your building? (Refer to the Architectural Styles Project Worksheet) (Check the style that most closely applies)

 Victorian (Italianate, Stick-Eastlake, Queen Anne, Folk) (ca. 1850-1910)  Colonial Revival (ca. 1880-1955)
 Craftsman/Prairie (ca. 1905-1930)
 Spanish Colonial/Mission/Pueblo Revival (ca. 1915-1955)  Moderne (ca. 1915-1955)
 Minimal Traditional/Ranch (ca. 1935-1975)
 Other _________________________

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

5 ODS for Eligible Potential Register Residences Process

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

6 PROJECT TYPE CHECKLIST

Alterations to Potential Register Residences
Complies?
N/A No Yes Comments

1. Preservation, Repair, and Replacement of Original Features a. All Features

1. Damaged character-defining features shall be replaced in-kind, matching the original feature in form, materials, dimensions, detailing, finishes, and textures.
☐ ☐ ☐

2. Decorative architectural features (i.e. roof brackets, shutters, columns, etc.) shall not be added to a house if they were not originally present.
☐ ☐ ☐

3. In situations where an original feature or material has been previously replaced with a prohibited feature or
material (refer to A3), choose one of the following
options:
a. Replace the non-original feature with a feature
that matches the original feature (if
documented) in form, materials, dimensions,
detailing, finishes, and textures.
b. Replace the non-original feature with one of the
permitted materials and types for your
building’s architectural style (refer to A2).

☐ ☐ ☐
☐ ☐ ☐
b. Roofs

1. Original roof pitch (e.g. slope) and height shall be maintained.
a. Raising or lowering a roof from its original
height is prohibited.
☐ ☐ ☐

2. Original roof shape (e.g. gabled, hipped, flat) shall be maintained. ☐ ☐ ☐

3. Other character-defining ”Roof Features” shall be
maintained (refer to A1). ☐ ☐ ☐

4. When replacing roofing, either match the existing
roofing in-kind or use one of the permitted materials for your building’s architectural style (refer to A2).
☐ ☐ ☐
c. Exterior Cladding

1. Character-defining features of “Exterior Cladding” shall be maintained (refer to A1). ☐ ☐ ☐

2. If less than 50% of exterior cladding at a single façade is deteriorated beyond repair, only the areas of
deteriorated cladding shall be replaced (refer to
Cladding Materials on A2 and A3)
☐ ☐ ☐

3. If more than 50% of exterior cladding at a single façade is deteriorated beyond repair, replace all of the cladding on that façade (refer to Cladding Materials on A2 and
A3).
☐ ☐ ☐

4. Repairs to original cladding shall match the surrounding original siding in material, finish, texture, and color. ☐ ☐ ☐

5. Materials that were not originally finished (i.e. brick or stone) shall not be painted or stained. Similarly,
materials that were originally painted or stained shall ☐ ☐ ☐
P1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

7 Alterations to Potential Register Residences
Complies?
N/A No Yes Comments
not be stripped of those finishes (i.e. painted wood shall not be stripped and stained).

6. Cleaning exterior materials by sand-blasting or power- washing is prohibited. ☐ ☐ ☐
d. Doors & Entries

1. The location of original entry doors that are visible from the street shall be maintained. ☐ ☐ ☐

2. The size and proportions of original door openings that are visible from the street shall be maintained.
a. Enlarging door openings is prohibited unless
required for ADA compliance.
☐ ☐ ☐

3. Front porches shall not be enclosed. ☐ ☐ ☐

4. Glazed sidelights and transoms shall be retained and not infilled where they exist adjacent to entry doors.
a. Transoms shall remain as clear glazing;
obscured glass at the sidelights is allowed.
b. Replacement of original sidelights with double
or wider doors is prohibited unless required for
ADA compliance.
☐ ☐ ☐

5. Other character-defining features of “Doors & Entries” are maintained (refer to A1). ☐ ☐ ☐

6. If replacing a door that is visible from the street, the door shall be replaced with one of the materials listed for your building’s architectural style in A2.
☐ ☐ ☐
e. Windows

1. The size, dimensions, and proportions of original door openings that are visible from the street shall be
maintained.
a. Enlarging or reducing the size of window
openings is prohibited.
☐ ☐ ☐

2. The number of window openings at facades that are
visible from the street shall be maintained.
a. Original window openings shall not be infilled.
b. No new window openings shall be added to
facades that are visible from the street.
☐ ☐ ☐

3. Other character-defining features of “Windows” shall be maintained (refer to A1). ☐ ☐ ☐

4. Original windows may be replaced if one or more of the following scenarios applies (Check one or more):
 The original windows are damaged or
deteriorated.
 Energy upgrades are desired.
 The original windows were previously replaced
with non-original windows.
☐ ☐ ☐

5. Replacement windows shall be the same type (double-
or single-hung sash, casement, fixed, etc.) as the
original windows.
☐ ☐ ☐

2. Mechanical Upgrades

1. Exterior mechanical equipment is only permitted in the following locations (Check one or more): ☐ ☐ ☐

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

8 Alterations to Potential Register Residences
Complies?
N/A No Yes Comments
 At ground level to the rear or side of the residence.  Mounted on a side or rear façade that is not visible from the street.
 Rear half of the roof.

2. Mechanical equipment installed at the side or rear of a residence that is visible from the street shall be placed behind a screening feature that is at least as tall as the mounted height of the mechanical equipment.
☐ ☐ ☐

3. Mechanical screening features shall be one of the following (Check one):
 Vertical wood fences
 A fence or wall (CMU or other) with the cladding
materials and colors that match the residence.
 U-shaped shrub plantings
☐ ☐ ☐

4. Mechanical equipment and screening installed at the side or rear of a residence that is visible from the street shall be no taller than 4 feet.
☐ ☐ ☐

5. If mechanical equipment is placed on the roof, the new systems shall be located at the rear half of the roof and screened.
☐ ☐ ☐

6. Mechanical equipment and screening mounted on the roof shall be no taller than 1.5 feet. ☐ ☐ ☐

7. Window-mounted mechanical equipment is prohibited at facades that are visible from the street. ☐ ☐ ☐

3. Adaptive Reuse: Accessibility

1. Accessibility upgrades to historic residential properties shall meet the requirements of the California Historical Building Code, Chapter 8-6 Accessibility.
☐ ☐ ☐

4. Adaptive Reuse: Seismic Upgrades

1. Seismic upgrades to historic residential properties shall meet the requirements of the California Historical Building Code, Chapter 8-6 Structural Regulations.
☐ ☐ ☐

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

9 PROJECT TYPE CHECKLIST

Additions to Potential Register Residences
Complies?
N/A No Yes Comments
All Additions
All additions shall meet the following criteria, unless such a requirement would preclude the construction of a statewide exempt ADU as described in Fremont Municipal Code Section 18.190.005 (e). :

1. Additions shall not remove or alter character-defining features except where required to construct an addition (refer to A1).
☐ ☐ ☐

2. Form: Rectilinear ☐ ☐ ☐

3. Size: Additions shall have a footprint and overall square footage that are smaller than the existing house.
a. Footprint sq ft. of existing house: _______
b. Footprint sq ft. of proposed addition: ____
c. Gross sq. ft. of existing house: _________
d. Gross sq. ft. of proposed addition: ______
☐ ☐ ☐

4. Ceiling Heights: No taller than the floor-to-ceiling height of the portion of the existing building to which the addition will be attached.
☐ ☐ ☐

5. Roof Slope: Match slope of main house roof. ☐ ☐ ☐

6. Roof Form: Refer to Roof Forms on A2 ☐ ☐ ☐

7. Roof Cladding: Refer to Roof Cladding on A2 ☐ ☐ ☐

8. Exterior Cladding: Refer to Exterior Cladding on A2 ☐ ☐ ☐

9. Window Type: Refer to Window Types on A2 ☐ ☐ ☐

10. Window Frame Material: Refer to Window Frame Materials on A2 ☐ ☐ ☐

11. Doors: Refer to Doors on A2 ☐ ☐ ☐

2. Ground-Level Additions
Ground-level additions shall meet all of the following criteria unless such a requirement would preclude the construction of a statewide exempt ADU as described in Fremont Municipal Code Section 18.190.005 (e) :

1. Placement: Ground-level additions shall not obscure or project forward of the main plane of the façade at which the primary entrance is located.
☐ ☐ ☐

2. Height & Setback: Ground-level additions shall be:
a. No taller than the existing house, and set back at
least 10 feet from the main plane of the façade at
which the primary entrance is located, or
b. Up to one story taller than the existing house, if set back at least 15 feet from the main plane of the
façade at which the primary entrance is located.
☐ ☐ ☐

3. Rooftop Additions
Rooftop additions which create new habitable space within the existing historic residence shall meet all of the following criteria:

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

10 Additions to Potential Register Residences
Complies?
N/A No Yes Comments

1. Placement: Rooftop additions shall be set back a minimum of 10 feet from the front façade plane. ☐ ☐ ☐

2. Height: One story maximum above the existing height of the building. ☐ ☐ ☐

3. Cladding: Exterior cladding shall match the cladding of the existing house in material, orientation (i.e. horizontal or vertical), profile, finish, and texture.
☐ ☐ ☐

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

11 PROJECT TYPE CHECKLIST

Detached Accessory Dwelling Units (ADUs) on
Potential Register Residential Properties
Complies?
N/A No Yes Comments

1. Form, Location and Placement

1. Form: Rectilinear ☐ ☐ ☐

2. Front Setback: If both structures are the same height, the front facade of the ADU must be at least 10 feet behind the front façade of the historic resource. If the ADU is taller than the historic resource, the front facade of the ADU must be at least 15 feet behind the front facade of the historic resource.2
☐ ☐ ☐

3. Side and Rear Setback: ADU must be setback no less
than 4 feet from the side and rear yard property lines. ☐ ☐ ☐

4. Historic Resource Setback: The nearest point of the ADU must be separated by at least 10 feet from the historic resource, and must also meet all required front, rear and side setbacks.
☐ ☐ ☐

2. Height and Size

1. Height: The height of the ADU must not exceed 16 feet.

An additional building height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the single-family dwelling.3
☐ ☐ ☐

2. Size: ADU must not exceed 1,200 square feet in floor area or 80% of the primary structure’s floor area,
whichever is smaller. However, in all cases an ADU may
be 850 square feet.
☐ ☐ ☐

3. Roof

1. Roof Form: Refer to Roof Forms on A3 ☐ ☐ ☐

2. Roof Cladding: Refer to Roof Cladding on A3 ☐ ☐ ☐

4. Windows

1. Window Type: Refer to Window Types on A3 ☐ ☐ ☐

2. Window Frame Material: Refer to Window Frame
Material on A3 ☐ ☐ ☐

5. Doors

1. Doors: Refer to Doors on A3 ☐ ☐ ☐

2 The ADU must also meet minimum front yard setback for the zoning district, unless such a requirement would preclude the construction of a statewide exempt ADU as described in Fremont Municipal Code Section 18.190.005 (e). 3 If the lot on which the ADU will be created is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Cal. Pub. Res. Code § 21155, the ADU shall be limited to a building height of 18 feet. An additional building height of two feet shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the single-family dwelling.

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

12 PROJECT TYPE CHECKLIST

New Detached Structures on Potential Register
Residential Properties
Complies
N/A No Yes Comments

1. Form, Location and Placement

1. Form: Rectilinear ☐ ☐ ☐

2. Front Setback: The front facade of the new detached
structure must be at least 10 feet behind the front
façade of the historic resource on the same lot. The
new detached structure must also meet minimum front
yard setbacks for applicable zoning district.
☐ ☐ ☐

3. Side Setback: A detached structure must meet the
minimum side yard setback for the applicable zoning
district.
☐ ☐ ☐

4. Rear Setback: A detached structure must meet the
minimum rear yard setback for the applicable zoning
district.
☐ ☐ ☐

5. Historic Resource Separation: The nearest point of a new detached structure must be separated by at least
6 feet from the historic resource.
☐ ☐ ☐

2. Height and Size

1. Height: Detached structures are to be no taller than height of the historic resource and shall not exceed the height requirements of the applicable zoning district.
☐ ☐ ☐

2. Lot Coverage: The total lot coverage of the site,
including the primary residence, detached structure,
and other structures, must not exceed the maximum
allowed by the applicable zoning district.
☐ ☐ ☐

3. Floor Area: Floor Area for the entire site, including the primary residence, new detached structure and any
other qualifying structure onsite, must not exceed the
lot coverage maximum of the applicable zoning district. ☐ ☐ ☐

4. Size Relative to Historic Resource: The footprint and total floor area of the new detached structure must not exceed 70% of the footprint and total floor area of the historic building.
☐ ☐ ☐

3. Roof

1. Roof Form: Refer to Roof Forms on A3 ☐ ☐ ☐

2. Roof Cladding: Refer to Roof Cladding on A3 ☐ ☐ ☐

4. Windows

1. Window Type: Refer to Window Types on A3 ☐ ☐ ☐

2. Window Frame Material: Refer to Window Frame
Materials on A3
☐ ☐ ☐

5. Doors

1. Doors: Refer to Doors on A3 ☐ ☐ ☐

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

13 ARCHITECTURAL STYLES PROJECT WORKSHEETS
Victorian (Italianate, Stick-Eastlake, Queen Anne, Folk)(ca. 1850-1910)

Character-Defining Features
Feature Type Feature Present?
Roof Forms
 Gabled
 Hipped
 Flat
Roof Features  Overhanging eaves
 Wood brackets or dentils at cornices
Doors & Entries
 Open full- or partial- width front porch
 Classical, square, round, or narrow turned columns
 Original stairs (typically wood or terrazzo)
 Wood panel doors
Cladding  Horizontal or vertical wood siding
 Wood shingles (some textured or patterned)
Windows
 Rectilinear, arched, or lancet (pointed arch) window openings  Single-hung, double-hung, or fixed wood frames
 Bay windows
 Curved windows
Decorative Features
 Carved, turned, or jigsawn wood ornamentation
 Turrets
 Decorated vergeboards, trusses, or cross bracing in gables  Hoods, pediments, or decorative trim around window and doors Other Features  Brick chimneys
A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

14 Victorian (Italianate, Stick-Eastlake, Queen Anne, Folk)(ca. 1850-1910)

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Low-Pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
Roof Cladding
 Composition shingle
 Wood Shingle
 Composition (asphalt) shingle
 Tar and gravel (if existing)

Gabled, hipped, or shed roof addition:
 Composition (asphalt) shingle
 Wood shingle
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Horizontal wood siding
 Wood shingle
 Brick (if present on existing
building)
 Hardie board
Window type N/A – Refer to P1 - 1.e. Windows.
 Single- or double-hung sash
 Fixed
 Bay
Window frame
material
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Wood
 Aluminum clad wood
 Fiberglass clad wood
Doors
 Paneled
 Wood
 Fiberglass
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

15 Victorian (Italianate, Stick-Eastlake, Queen Anne, Folk)(ca. 1850-1910)

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions, ADUs, and Detached New Construction:
• Butterfly
• Arched
• Domed
Roof Cladding
• Clay or concrete tile
• Standing seam metal
• Rolled roofing
Exterior Cladding
• Stone (real or imitation)
• Stucco (unless used on original building)
• Brick (unless used on original building)
• Vinyl
• Aluminum
• Exposed concrete
Window Types
• Simulated divided lite windows
• Sliding
• Awning
• Hopper
• Garden
• Glazed curtain
Window Frame Materials
• Metal
• Vinyl
• Fiberglass
• Glass block
Doors
• Metal
• Vinyl
• Full-length glazing on publicly visible doors
• Sliding patio doors on publicly visible facades
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)
A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

16 ARCHITECTURAL STYLES PROJECT WORKSHEET
Colonial Revival (ca. 1880-1955)

Character-Defining Features
Feature Type Feature Present?
Roof Forms
 Gabled
 Hipped
 Gambrel
Roof Features
 Boxed eaves
 Wood dentils at cornices
 Dormers
Doors & Entries
 Porticos at entries
 Classical columns
 Original stairs (typically brick, wood, or terrazzo)
 Pediments over front doors
 Wood panel doors
Cladding
 Horizontal or vertical wood siding
 Brick
 Wood shingles (some textured or patterned)
Windows
 Single-hung, double-hung, casement, or fixed wood windows with divided lites
 Fanlights over doors
 Sidelites next to doors
 Bay windows
 Palladian windows
Decorative Features  Pilasters
 Shutters (including fake shutters)
Other Features  Brick chimneys

A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

17 Colonial Revival (ca. 1880-1955)

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Gambrel
 Low-pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
 Gambrel
Roof Cladding
 Composition shingle
 Wood Shingle
 Tar and gravel (if existing)
Gabled, hipped, gambrel, or shed roof
addition:
 Composition (asphalt) shingle
 Wood shingle
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Horizontal or vertical wood siding
 Wood shingle
 Brick (if present on existing
building)
 Hardie board
Window type N/A – Refer to P1 - 1.e. Windows.
 Single- or double-hung sash
 Casement
 Fixed
 Bay
Window frame
material
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Wood
 Aluminum clad wood
 Fiberglass clad wood
Doors
 Paneled
 Wood
 Fiberglass
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

18 Colonial Revival (ca. 1880-1955)

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Domed
Roof Cladding
• Clay or concrete tile
• Standing seam metal
• Rolled roofing
Exterior cladding
• Stone (real or imitation)
• Stucco (unless used on original building)
• Brick (unless used on original building)
• Vinyl
• Aluminum
• Exposed concrete
Window types
• Simulated divided lite windows
• Sliding
• Awning
• Hopper
• Garden
• Glazed curtain
Window materials
• Metal
• Vinyl
• Fiberglass
• Glass block
Doors
• Metal
• Vinyl
• Sliding patio doors on publicly visible facades
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)

A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

19 ARCHITECTURAL STYLES PROJECT WORKSHEET
Craftsman/Prairie (ca. 1905-1930)

Character-Defining Features
Feature Type Feature Present?
Roof Forms
 Gabled
 Hipped
 Flat (Prairie only)
Roof Features  Exposed eaves
 Wood brackets
Entries
 Open front porch
 Columns
 Original stairs
Cladding
 Wood siding
 Wood shingles
 Smooth stucco
 Brick masonry
 River rock
Windows  Single-, double-, fixed wood windows
Decorative Features  River rock, clinker brick
A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

20 Craftsman/Prairie (ca. 1905-1930)

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Low-pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
 Low-pitched (Prairie only)
Roof Cladding
Gabled, hipped, or shed roof:
 Composition (asphalt) shingle
 Wood shingle
 Tar and gravel (if existing)
Flat or low-pitched roof:
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
 Tar and gravel (if existing)
Gabled, hipped, or shed-roof addition:
 Composition (asphalt) shingle
 Wood shingle
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Horizontal wood siding
 Wood shingle
 Brick (if present on existing
building)
 Hardie board
Window type N/A – Refer to P1 - 1.e. Windows.  Single- or double-hung sash  Fixed
Window material
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Wood
 Aluminum clad wood
 Fiberglass clad wood
Doors  Wood
 Fiberglass
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

21 Craftsman/Prairie (ca. 1905-1930)

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Dome
Roof Cladding
• Clay or concrete tile
• Standing seam metal
• Rolled roofing
Exterior cladding
• Stone (real or imitation)
• Stucco (unless existing and original to the building) • Brick (unless existing and original to the building)
• Vinyl
• Aluminum
• Exposed concrete
Window types
• Simulated divided lite windows
• Sliding
• Awning
• Hopper
• Garden
• Glazed curtain
• Circular, arched, or curved windows
Window materials
• Metal
• Vinyl
• Fiberglass
• Glass block
Doors
• Metal
• Vinyl
• Sliding patio doors on publicly visible facades
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)

A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

22 ARCHITECTURAL STYLES PROJECT WORKSHEET
Spanish Colonial/Mission/Pueblo Revival (ca. 1915-1955)

Character-Defining Features
Feature Type Feature Present?
Roof Forms
 Gabled
 Hipped
 Flat
Roof Features  Minimal or no eave overhang
 Red clay tile roofing
Doors & Entries
 Arched or rectangular openings
 Original stairs (typically ceramic tile, brick, wood, or terrazzo)  Wood doors, typically with recessed panels or vertical wood boards Cladding  Stucco
Windows
 Single-hung, double-hung, casement, or fixed wood windows  Arched openings
 Decorative wood or iron grilles
Decorative Features
 Ornamental plaster, cast stone, or terracotta, especially around entries  Colorful patterned tiles
 Spiral columns
 Pilasters
 Carved stonework
 Stucco or tile vents
 Iron lighting sconces and door knockers
 Projecting wood roof beams
Other Features
 Balconies with wood or iron railing
 Arcaded walkways
 Fountains
A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

23 Character-Defining Features
 Walled entry courtyards
 Round, square, or polygonal towers
 Tiled chimney caps

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

24 Spanish Colonial/Mission/Pueblo Revival (ca. 1915-1955)

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Low-pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
 Low-pitched (if existing roof is flat)
Roof Cladding  Clay tile
 Tar and gravel (if existing)
Gabled, hipped, or shed roof addition:
 Clay tile
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Stucco
 Painted concrete to match existing
Window type N/A – Refer to P1 - 1.e. Windows.
 Single- or double-hung sash
 Casement
 Fixed
Window material
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Metal
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Metal
Doors
 Paneled
 Wood
 Fiberglass
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

25 Spanish Colonial/Mission/Pueblo Revival (ca. 1915-1955)

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction

Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Domed
• Gambrel
Roof Cladding
• Composition (asphalt) shingle
• Concrete tile
• Standing seam metal
• Rolled roofing
Exterior cladding
• Stone (real or imitation)
• Brick
• Vinyl
• Aluminum
• Exposed concrete
Window types
• Simulated divided lite windows
• Sliding
• Awning
• Hopper
• Garden
• Glazed curtain
• Circular, arched, or curved windows
Window materials
• Vinyl
• Fiberglass
• Glass block
Doors
• Metal
• Vinyl
• Sliding patio doors on publicly visible facades
• Imitation “barn” doors (not prohibited for ADUs and new construction) A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

26 ARCHITECTURAL STYLES PROJECT WORKSHEET
Moderne (ca. 1920-1940)

Character-Defining Features
Feature Type Feature Present?
Roof Forms  Gabled
 Hipped
 Flat
Roof Features  Minimal or no eave overhang
 Vertical projections
Doors & Entries  Original steps (typically concrete or brick) Cladding  Stucco
 Painted concrete or brick
Windows  Metal frames
 Divided light casement or fixed
 Corner windows
 Round or octagonal windows
 Glass block
Decorative Features  Horizontal lines
 Zigzags and geometric motifs
 Horizontal metal railing
Other Features  Curved corners

A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

27 Moderne (ca. 1920-1940)

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Low-pitched
 Shed
Rooftop addition:
 Low-pitched
 Shed
Roof Cladding
Gabled or hipped roof
 Composition (asphalt) shingles
 Red clay tile (if existing)
 Tar and gravel (if existing)
Flat or low-pitched roof
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
 Tar and gravel (if existing)
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Shed roof addition:
 Composition (asphalt) shingle
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Stucco
 Painted concrete or brick to match
existing
Window type N/A – Refer to P1 - 1.e. Windows.
 Single- or double-hung sash
 Casement
 Fixed
Window material  Metal  Metal
Doors
 Metal
 Wood
 Fiberglass
 Metal
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

28 Moderne (ca. 1920-1940)

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Domed
• Gambrel
Roof Cladding
• Concrete tile
• Standing seam metal
• Rolled roofing
Exterior cladding
• Wood or synthetic wood siding
• Stone (real or imitation)
• Brick (unless existing)
• Vinyl
• Exposed concrete or brick
• Aluminum (for replacements)
Window types
• Simulated divided lite windows
• Garden
• Glazed curtain
• Bay
• Dormers
• Sliding (for replacements)
• Awning (for replacements)
• Hopper (for replacements)
Window materials • Vinyl
• Wood
Doors
• Vinyl
• Paneled wood
• Sliding patio doors on publicly visible facades
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)

A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

29 ARCHITECTURAL STYLES PROJECT WORKSHEET
Minimal Traditional/Ranch (ca. 1935-1975)

Character-Defining Features
Feature Type Feature Present?
Roof Forms  Gabled
 Hipped
Roof Features  Exposed rafters
 Slanting roof overhangs
Doors & Entries  Original porch features (overhangs, awnings, metal or wood railing and supports, steps)
Cladding  Horizontal or vertical (board-and-batten) wood siding  Stucco
 Brick
 Wood shingles
Windows  Metal or wood frames
 Single- or double-hung sash, casement, sliding, awning, or fixed windows  Picture windows
 Corner windows
 Dormers
Decorative Features  Scalloped edges on wood siding
Other Features  Chimneys
 Shutters
 Attached garages
 Low masonry planters
 Window boxes
 Small cupolas
A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

30 Minimal Traditional/Ranch (ca. 1935-1975)
Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Low-pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
Roof Cladding  Composition (asphalt) shingles
 Tar and gravel (if existing)
Gabled, hipped, or shed roof addition:
 Composition (asphalt) shingle
 Standing seam metal
Low-pitched roof addition
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Wood, fiber cement, or composite
wood siding
 Wood, fiber cement, or composite
wood shingles
 Stucco
 Exposed or painted brick
 Painted concrete
Window type N/A – Refer to P1 - 1.e. Windows.
 Single- or double-hung sash
 Casement
 Fixed
 Awning
 Hopper
Window material
 Metal
 Wood
 Aluminum clad wood
 Fiberglass
 Metal
 Wood
 Aluminum clad wood
 Fiberglass
Doors
 Metal
 Wood
 Fiberglass
 Metal
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

31 Minimal Traditional/Ranch (ca. 1935-1975)
Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Domed
• Gambrel
Roof Cladding • Clay or concrete tile
• Standing seam metal
Exterior cladding
• Synthetic wood siding (for replacements)
• Stone (real or imitation)
• Vinyl
• Exposed concrete
• Aluminum
• Plastic
Window types
• Simulated divided lite windows
• Garden
• Glazed curtain
• Bay
Window materials • Vinyl
Doors
• Vinyl
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)

A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

32 ARCHITECTURAL STYLES PROJECT WORKSHEET
Vernacular/Other

Character-Defining Features
Feature Type Feature Present?
Roof Forms
 Gabled
 Hipped
 Shed
 Gambrel
 Flat
Roof Features
 Overhanging eaves
 Exposed eaves
 Wood brackets or dentils at cornices
Doors & Entries
 Open full- or partial- width porch
 Porch railing
 Classical, square, round, or narrow turned posts or columns  Original stairs
 Wood doors
Cladding
 Horizontal or vertical wood siding
 Wood shingles
 Stucco
 Brick
Windows  Original window frames and sashes (typically wood or metal) A1

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

33 Character-Defining Features
 Original window trim
Decorative Features
 Decorative, carved, turned, molded or otherwise crafted features  Shutters
 Roof vents
 Half timbering
Other Features  Chimney(s)
 Fireplace

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

34 Vernacular/Other

Permitted Materials and Features: Replacements and Additions Check all permitted materials and features selected for project.

Replacements Additions
Roof Forms N/A – Refer to P1 - 1.b. Roofs.

Side or rear addition:
 Gabled
 Hipped
 Low-pitched
 Shed
Rooftop addition:
 Gabled
 Hipped
Roof Cladding
 Wood Shingle
 Composition (asphalt) shingle
 Red clay tile (if existing)
 Tar and gravel (if existing)

Gabled, hipped, or shed roof addition:
 Composition (asphalt) shingle
 Wood shingle
 Red clay tile (if existing)
Low-pitched roof addition
 Tar and gravel
 Built-up roofing
 Membrane roofing
 Rolled roofing
 Foam
Primary exterior
cladding
N/A – Refer to P1 - 1.c. Exterior
Cladding.
 Horizontal wood siding
 Wood shingle
 Brick (if present on existing
building)
 Stucco (if present on existing
building)
 Hardie board
Window type N/A – Refer to P1 - 1.e. Windows.  Single- or double-hung sash  Fixed
Window frame
material
 Wood
 Aluminum clad wood
 Fiberglass clad wood
 Wood
 Aluminum clad wood
 Fiberglass clad wood
Doors  Wood
 Fiberglass
 Wood
 Fiberglass

A2

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) Fremont Objective Design Standards for Potential Register Residences

35 Vernacular/Other

Prohibited Materials and Features: Replacements, Additions, ADUs, and Detached New Construction
Do not use these in project.

Roof Forms
Replacements:
• N/A – Refer to P1 - 1.b. Roofs.

Additions:
• Butterfly
• Arched
• Domed
Roof Cladding
• Concrete tile
• Standing seam metal
• Rolled roofing
Exterior Cladding
• Stone (real or imitation)
• Stucco (unless used on original building)
• Brick (unless used on original building)
• Vinyl
• Aluminum
• Exposed concrete
Window Types
• Simulated divided lite windows
• Garden
• Glazed curtain
Window Frame Materials
• Metal
• Vinyl
• Fiberglass
• Glass block
Doors
• Metal
• Vinyl
• Full-length glazing on publicly visible doors
• Sliding patio doors on publicly visible facades
• Doors with rough or distressed finish
• Imitation “barn” doors (not prohibited for ADUs and new construction)
A3

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Attachment: Exhibit C - Fremont ODS for Potential Register Residences (5339 : 2024 Code Update - Housing Element Implementation) The Objective Design
Standards for Potential
Register Residences are not
relevant to your project. Use
other applicable City design
standards.

Was the propey
originally built for
residential use?
Is the propey 50 years old
or older?
1 2
3 5
Is the propey listed
on, or has it been
found eligible for listing
on the Fremont
Register, California
Register, or National
Register?
No
Yes No
No
Refer to the
Architectural Style
Project Worksheets
(A1) to identify the
architectural style of
your building.

Yes
What type of project
are you planning?
Consult City sta about
completing a historic
evaluation for your
propey. If found eligible
for listing, return to this
owcha and proceed to
Step 3.

Yes
6 b. Building an
addition.
c. Building a detached ADU
or JADU.
d. Building a new, non- residential
accessory structure (eg. garage,
shed, workshop, etc.).
a. Altering the
exterior.
f. Altering or
demolishing an
agricultural building
(barn, tankhouse, etc.).
7 8
Fill out the Project
Type Checklist for
Alterations to
Potential Register
Residences (P1).

Fill out the Project
Type Checklist for
Additions to
Potential Register
Residences (P2).

Fill out the Project Type
Checklist for Detached
Accessory Dwelling Units
(ADUS) on Potential Register
Residential Propeies (P3).

Fill out the Project Type Checklist for
New Detached Structures on
Potential Register Residential
Propeies (P4)
Proceed with the City's
discretionary review
process.

Use the relevant Architectural Style Worksheets for
your building's architectural style and:

1. Fill out the Character- Dening Features checklist
(A1).

2. Fill out the checklist for Permied Materials and
Features (A2).

3. Make sure that your project does not include any
items in the list of Prohibited Materials and
Features (A3).

Refer to the relevant Architectural Style
Worksheets for your building's
architectural style.

Make sure that your project does not
include any items in the list of Prohibited
Materials and Features (A3).

Propey is a Fremont
Potential Register
Resource.

Yes
Propey is a listed Fremont
Register Resource.

The Objective Design
Standards for Potential
Register Residences are not
relevant to your project.

Proceed with discretionary
review process.

Yes
4 INFORMATIONAL 1

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Attachment: Informational 1 - Fremont ODS Process
Proposal:

Recommendation:

Location:

People:

HISTORICAL ARCHITECTURAL REVIEW BOARD

STAFF REPORT
NOVEMBER 14, 2024
2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION –
CITYWIDE – PLN2025-00074 - To consider adoption of a resolution for objective design standards for historic homes to implement programs contained within the adopted Housing Element and an ordinance for an associated text amendment to the Historic Resources Chapter (FMC Chapter 18.17 5); and to consider exemptions for the proposed amendments 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 Zoning), §15262 (Feasibility and Planning Studies), and §15378 (Project).

Recommend approval of the project to the City Council based on findings and subject to conditions of approval.

Citywide
James Willis, Staff Planner; (510) 494-4449,
[email protected]
EXECUTIVE SUMMARY:

As part of the implementation of the 2023 – 2031 Housing Element of the Fremont General Plan, the City is required to enact the policies and rules contained in a number of programs. Program 4 requires the City adopt objective standards for historic homes to reduce the processing time and uncertainty for applications related to eligible historic resources. The State of California requires the City implement certain programs in the Housing Element within two years of the Housing Element’s adoption which occur red in January 2023, including Program 4.

The proposed objective standards for eligible register resources , which are attached to this staff report along with the associated updates to the Fremont Municipal Code (FMC) , are intended to accomplish the requirements of Program 4 prior to the State mandated deadline. The proposed objective standards would preserve protections necessary for maintaining the historic integrity of historic homes in Fremont, while still meeting the City and State’s goals to increase the supply of housing.

INFORMATIONAL 2

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BACKGROUND AND PREVIOUS ACTIONS:

Fremont Housing Element

The Housing Element is an element of the Fremont General Plan that contains an eight-year plan to meet the housing needs of everyone in the community. It provides a blueprint for how the City of Fremont can protect the housing stability of existing residents; preserve and improve the existing housing stock; and produce new housing at all income levels.

On January 10, 2023, the Fremont City Council voted unanimously to adopt the 2023 –2031 Housing Element. Shortly after its adoption, the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and certification. HCD is responsible for reviewing every Housing Element in the State and determining whether the Housing Element complies with State law. On March 22, 2023, HCD certified Fremont’s 2023–2031 Housing Element.

The 2023-2031 Housing Element contains six goals, as listed below:

• Goal 1. Preserve, Maintain, and Improve the Existing Housing Supply

• Goal 2. Help Current Residents Maintain Stable and Safe Housing in Fremont

• Goal 3. Promote Production of New Affordable and Market-Rate Housing

• Goal 4. Maximize Support and Resources for Affordable Housing Production

• Goal 5. Address Disparities in Access to Housing and Disproportionate Housing Needs

• Goal 6. Maintain a Compliant Housing Element and Zoning Ordinance

As part of the implementation of the certified Housing Element, a number of programs were adopted. The specific program related to historic properties is Program 4 which reads:

Program 4. Objective Design Standards for Historic Homes. The City promotes preservation of historic resources through a program that screens possible historic resources when projects come in for alteration or demolition. There have been several successful large residential projects in the City that incorporated historic resources and allowed them to be adapted into modern housing. Additionally, the City has received much interest from homeowners of individual histo ric homes in adding an ADU consistent with the City’s adopted objective design standards for ADUs on historic properties. In order to reduce the processing time and uncertainty for applications involving historic resources, the City would develop a set of objective design standards for the review of projects involving historic homes.

The City is required to adopt regulations to enact Program 4 within two years of the Housing Element’s adoption.

State Housing Law

State law requires that a city’s Housing Element demonstrate that the City has adequately planned to meet the housing needs of the community at all income levels. This obligation includes both providing zoned capacity to accommodate a city’s allocation of housing and developing policies a nd procedures to facilitate the development of that housing. The requirements for a compliant Housing Element are set by the California Government Code. Since the last Housing Element update in 2015, multiple state laws have modified the requirements for a certified Housing Element. A brief summary of relevant laws is below:

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• AB 72 (Santiago, 2017) authorized the California Department of Housing and Community Development (HCD) to review actions by local jurisdictions in the middle of a planning period for consistency with their Housing Element and State law. It provides HCD greater authority to react to violations of Housing Element law, including the imposition of penalties. Specific penalties could include revocation of a previous Housing Element certification and referral of violations to the attorney general for legal action.

• SB 166 (Skinner, 2017) required local jurisdictions to maintain adequate sites to accommodate the r emaining Regional Housing Needs Allocation ( RHNA) throughout the Housing Element planning period. If a development is proposed on a Housing Element inventory site at a density lower than the intended density in the Housing Element, a jurisdiction must either make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category.

• SB 35 (Wiener, 2017) added a requirement that local jurisdictions must allow for a streamlined ministerial approval process when the jurisdiction has not yet made sufficient progress toward their allocation of the regional housing need.

• SB330 (Skinne r, 2019) prohibits local jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. The law also prohibits an agency from holding more than five hearings in connection with review of a proposed housing develop ment and does not allow residential projects to be denied on the basis of requested density bonus concessions and waivers. Furthermore, the law prohibits jurisdictions from creating new standards which make housing development more difficult from the rules in effect in 2018, including rules related to height, setback, and density.

As a result of recent legislative changes, the penalties for having a non-compliant Housing Element have substantially increased. Jurisdictions without a compliant housing element have historically been ineligible for state administered funding programs, including programs for affordable housing. Recent changes have added additional basis for action against cities with a non-compliant housing element, including:

• Litigation from the State Department of Justice

• Loss of permitting authority

• Financial penalties up to $100,000 a month

• Court receivership of housing element process

Furthermore, HCD has created a new Housing Accountability Unit (HAU) that is tasked with enforcing Housing Element law throughout the planning period. The HAU intends to review local government actions, or failures to act, that it deems inconsistent with an adopted Housing Element or State law. This includes failure to implement program actions included in a previously certified Housing Element. HCD may revoke Housing Element compliance at any point during the planning cycle if it finds that a jurisdiction’s implementation actions are not consistent with state law.

During review of the City’s Housing Element, HCD identified the subjective nature of the City’s historic review process, particularly for single family and two-family homes as well as ADUs, as onerous and not being in compliance with State housing laws. The City is therefore required to implement changes in the process to streamline review of these types of projects. These rules are not specific towards Fremont but are Statewide regulations imposed on local jur isdictions to streamline housing development in response to the housing crisis. Many of the recently passed State housing laws include requirements for objective standards and permit streamlining. Objective standards must provide clear and quantifiable requirements

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for projects and streamlining would reduce the number of public hearings that a housing project may be subject to. The intent of these new laws is to facilitate housing production goals statewide to help alleviate California’s housing crisis.

PROCEDURE FOR TONIGHT’S HEARING

At tonight’s hearing, HARB is acting in an advisory role to the City Council. The City Council will have final approval authority for the proposed Historic Objective Standards and associated municipal code updates. Specifically, HARB is charged with the following tasks:

1. Consider a proposed categorical exemption for the project per California Environmental Quality Act (CEQA) Guidelines Sect ion 15061, Review for Exemption , and find the project consistent with CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning , CEQA Guidelines Section 15262, Feasibility and Planning Studies, and 15378 (Project);

2. Consider, pursuant to FMC Chapter 18.225 (Adoption or Amendments to General, Community and Specific Plans, Design Guidelines, Zoning Maps and Text, and Prezoning), a recommendation to the City Council to introduce an ordinance adopting the prop osed amendments to FMC Chapter 18.175 Historic Resources; and

3. Consider, pursuant to FMC Chapter 18.225 (Adoption or Amendments to General, Community and Specific Plans, Design Guidelines, Zoning Maps and Text, and Prezoning), a recommendation to the City Council to introduce a resolution adopting the proposed Objective Design Standards for Eligible Register Resources.

PROJECT DESCRIPTION:

The City is required by State Law to enact programs contained in the Fremont Housing Element.

Program 4 requires the City to prepare objective standards for historic homes to be in conformance with recently passed State Law. The proposed Objective Standards for Eligible Register Resources (Objective Standards) are intended to meet the requirements of Program 4. These Objective Standards would not apply to existing register resources or to projects involving demolition of register eligible structures. These objective design standards would provide a streamlined and standardized basis by which to revi ew proposed projects at eligible historic single-family and two -family residential properties, while ensuring that projects which seek to maintain and expand the City’s housing supply do not negatively impact the significance and character of Fremont’s historic buildings. These objective design standards are provided as a set of checklists which are intended to inform project development and reduce uncertainty and delays in the review process. Failure to adopt objective standards under Program 4 could result in the State HAU finding the City out of compliance with the certified Housing Element and could result in enforcement actions being imposed upon the City as described above.

PROJECT ANALYSIS:

General Plan Conformance:

The following General Plan policies are among those most applicable to this project:

LAND USE POLICY 2 -1.11: INFILL EMPHASIS – Focus new development on underutilized or “skipped over” sites that are already served by infrastructure and public streets. Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses.

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LAND USE ELEMENT IMPLEMENTATION 2-2.5.A: ZONING UPDATE – Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form -based approach to regul ating development in City Center and the Town Centers. The update should reflect best practices in zoning, including the use of form -based codes, and should explore innovative and creative ways to achieve a more pedestrian -friendly and sustainable land use pattern. At the same time, the update should also address zoning “fundamentals” such as definitions, allowable densities and floor area ratios, height and bulk controls, and the use of overlays to achieve place specific objectives.

LAND USE POLICY 2 -3.2: NEIGHBORHOOD REINVESTMENT – Encourage continued reinvestment in Fremont neighborhoods by the public and private sectors. While the basic land use pattern in many neighborhoods is already set and will be maintained, their improvement and evolution should b e viewed an important part of the City’s sustainability initiatives.

HOUSING ELEMENT GOAL 3: PROMOTE PRODUCTION OF NEW AFFORDABLE AND MARKET-RATE HOUSING - Fremont has adequate General Plan land use designations and zoning in place to meet the community’s RHNA targets. However, significant barriers exist to develop enough new housing, in particularly affordable housing, to meet the community’s needs. Goal 3 focuses on removing the barriers to the production of affordable and market rate housing in Fremont.

HOUSING ELEMENT GOAL 4: MAXIMIZE SUPPORT AND RESOURCES FOR AFFORDABLE HOUSING PRODUCTION - Construction of affordable housing generally requires large subsidies from Federal, State, County or local government sources in order to be financially feasible, yet there is not nearly enough funding available to subsidize all of the affordable housing needs in the region. The lack of available resources is a significant barrier to the production of affordable housing. Goal 4 focuses on maximizing resources, streamlining processes, and providing incentives to encourage the production of affordable housing.

HOUSING ELEMENT GOAL 5: ADDRESS DISPARITIES IN ACCESS TO HOUSING AND DISPROPORTIONATE HOUSING NEEDS - Disparities in housing access and quality exists in Fremon t, particularly among low -income people of color. Residents of color are more likely to experience homelessness, cost -burden, and overcrowding.

Residents of color are also more likely to be renters than homeowners, which contributes to their disproportionate housing instability. Goal 5 focuses on meaningful actions to address the factors that detract from fair housing access within Fremont.

HOUSING ELEMENT GOAL 6: MAINTAIN A COMPLIANT HOUSING ELEMENT AND ZONING ORDINANCE - Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Analysis: The Housing Element is a mandatory element of the General Plan, and it includes State - approved policies and programs to increase housing opportunities in the City. California Government Code section 65585(i) requires that the City implement all new housing laws, and noncompliance may result in the State revoking certification of the City’s 2023 -2031 Housing Element. Program 4 was included as a Housing Element implementation action to capture changes in State law not yet reflected in the City’s Planning and Zoning Ordinance or other design guidelines. The purpose of the Objective Standards and this Code Update is to align the FMC and the City’s development process with recently passed State legislation and to provide more clarity to the public, staff, and decision-makers when applying regulations to eligible historic housing development projects and residential uses. Staff has made a good faith effort

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to prepare the Objective Standards and zoning text amendments to be in complete compliance with State law; however, State legislation is complicated and nuanced, primarily because of the annual changes enacted by the Legislature. As such, many of the state laws informing the proposed amendments are still being interpreted by courts throughout the State. Fut ure amendments to state laws and court interpretations of the laws are likely, which could result in the need to modify the proposed amendments or other areas of the FMC. Staff will monitor amendments and new interpretations of the law and bring forward any future amendments to City codes, as necessary.

The following Community Character Element policies are among those applicable to this project:

COMMUNITY CHARACTER POLICY 4 -6.1: PROTECTION OF HISTORIC RESOURCES - Identify, preserve, protect and maintain buildings, structures, objects, sites and districts which are reminders of past eras, events, and persons important in local, state, or national history. Historic structures which provide significant examples of architectural periods and styles of the pas t are irreplaceable assets. They should be protected to provide present and future generations with examples of the physical environments in which past generations lived and worked. The needless destruction and impairment of significant historic resources must be prevented so that opportunities for public enjoyment and economic utilization of such resources are not diminished or lost.

COMMUNITY CHARACTER POLICY 4-6.2: CONSTRUCTION AND ALTERATIONS WITHIN HISTORIC AREAS - Require new construction or alterati ons to Register Resources or Potential Register Resources located within a designated HOD or NCA to be subject to review and approval by the Historical Architectural Review Board (HARB). However, single-family residential properties (other than Fremont Register Resources and Potential Register Resources) located within an HOD or NCA are not subject to review by HARB.

COMMUNITY CHARACTER IMPLEMENTATION 4-6.2.A: SECRETARY OF THE INTERIOR STANDARDS - Review proposed alterations to Register Resources and Potential Register Resources in a manner that is consistent with the recommended procedures and best practices provided in The Secretary of the Interior's Standards for the Treatment of Historic Properties, including guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings.

COMMUNITY CHARACTER POLICY 4 -6.5: DESIGN COMPATIBILITY - Preserve the architectural continuity and design integrity of historic districts and other areas of strong architectural character. New development within such areas does not need to replicate prevailing architectural styles exactly but should be complementary in form, height, and bulk.

COMMUNITY CHARACTER POLICY 4 -6.6: HISTORIC PRESERVATION REGULATIONS - Observe local, State and Federal historic preservation laws, regulations and codes to ensure conservation of Fremont’s significant historic resources. These laws include but are not limited to Mills Act Historic Property contracts, the California Historical Building Code, and State laws related to archaeological resources.

Analysis: Fremont values its historic heritage and has established policies and regulations to protect historic resources in the City. The City proactively identifies, maintains, and protects its historic resources.

The proposed Objective Standards and the associated amendment to the FMC would allow the City to continue to protect the integrity of eligible historic resources while remaining in compliance with recently passed State legislation. Furthermore, the proposed Objective Standards would allow the HARB to remain focused on reviewing projects related to properties on the Historic Register and larger developments in the historic overlay districts of Niles and Mission San Jose.

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Zoning Amendment:

Currently, certain types of projects are eligible for expedited review in which planning staff, rather than the HARB, make the required findings per FMC 18.175.250. These projects are typically less likely to adversely impact a historic resource, such as in -kind replacement of existing features such as windows and doors, siding, porches, stairs, and other exterior features that are damage d beyond repair or had been removed, and replacement of roof coverings, fences and paving consistent with the Secretary of the Interior’s Standards. The HARB may also delegate review of certain projects to planning staff, including removal of incompatible additions and alterations, seismic retrofitting, minor alterations that do not impact the historic character of a property or are not visible from public-rights-of-way, and construction of small accessory buildings and structures. In these cases, planning staff must make the required findings that a project adheres to the Secretary of the Interior’s Standards and relevant local guidelines and standards.

The proposed amendment to FMC 18.175.250 Expedited review of minor alterations to register/potential register resources would allow City staff to implement the Objective Standards in accordance with Program 4 and State law. The addition of subparagraph 6 would allow the use of the Objective Standards to review additions, new construction, and ADU projects that have been identified as containing an eligible historic resource, but not actually on the historic register. The ordinance would only apply to single family and two-family lots, not multi-family or mixed use, nor would it apply to projects that contain a home that has been converted into a different use such as a commercial conversion.

Objective Standards:

The proposed Objective Standards are intended to provide a more streamlined review process for projects at single- and two-family residential properties that are eligible for the Historic Register. Projects may include alterations to original features of historic residential buildings (preservation/maintenance of original features, repair or replacement of features, and mechanical upgrades), residential to commercial adaptive reuse, additions, accessory dwelling units, and new construction on historic residential properties. The objective standards would not apply to projects involving demolition of eligible register resources or to certain agricultural structures . Adhering to the Objective Design Standards provides an alternative to the discretionary design review process as required by Program 4 of the adopted Housing Element. Project applicants who propose alterations, additions, or new construction which do not comply with the objective design standards at historic residential properties would proceed with the City’s existing discretionary design review process, which involves HARB review, as provided in the FMC.

The Objective Standards document contains a flow chart diagraming the process to utilize the Objective Standards. Applicants would first need to determine if their project is eligible for the Historic Register through the normal process of having a qualified historian prepare a Department of Parks and Recreation form to document the history of the site. If the project is eligible for the Historic Register, and the proposed project is eligible to use the Objective Standards, the applicant would complete the appropriate checklist contained in the Objective Standards then utilize the appropriate Architectural Style Worksheet to identify the allowable and prohibited architectural elements and exterior materials. The completed checklist would be submitted with the project application for staff ministerial review. If staff confirms the proposed work is eligible to use the Objective Standards and the proposed architectural elements and exterior materials conform to the appropriate Architectural Style Worksheet, the project would be approved. Please refer to the attached Objective Standards document for more details on the process.

FINDINGS FOR APPROVAL:

In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. Pursuant to FMC §18.225.060, to recommend approval, the Planning Commission must make the findings specified in FMC §18.225.0 50 and provided to the HARB below:

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(1) The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.

Analysis: The proposed amendment would be consistent with the General Plan Land Use and Community Character Elements because the proposed amendment would streamlin e the process to review certain projects affecting eligible historic resources, update the City’s land use regulations to achi eve consistency with State law, and support compatible land uses. Furthermore, the proposed amendment would also implement Program 4 from the City’s 2023 -2031 Housing Element, which is part of Fremont’s General Plan.
(2) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendment would further the public interest, convenience, and general welfare of the City because the proposed amendment would implement the City’s Housing Element, which is part of the City’s General Plan. The proposed amendment would ensure that the City’s planning and zoning regulations comply with State law . The proposed amendment would streamline the process by providing development standards that are relevant t o current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents.

ENVIRONMENTAL REVIEW:

The proposed text amendment and Objective Standards are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

1) In that it can be seen with certainty that there is no possibility that the proposed text amendment and Objective Standar ds would have the potential for causing a significant effect on the environment, and because the proposed amendments would only modify certain zoning procedures to implement the City’s 2023 -2031 Housing Element and would not approve any development. §15061(b)(3) [Review for Exemption]

2) In that the proposed text amendment and Objective Standards are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendment and Objective Standards do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, t here are no previously identified significant effects which are substantially more severe than analyzed in in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywi de basis, and the proposed amendment and Objective Standards are necessary to conform with state law. Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals. §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or §15162 [Subsequent EIRs and Negative Declarations]

3) In that the proposed amendment and Objective Standards may lead to possible future actions, but the City has not yet approved, a dopted, or funded those possible future actions. § 15262 [Feasibility and Planning Studies]

4) In that the proposed amendment and Objective Standards are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.§15378 [Project]

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PUBLIC NOTICE AND COMMENT:

Public hearing notification is applicable. A Public Hearing Notice was published by The Tri-City Voice on October 29, 2024.

ENCLOSURES:

• Exhibit A – Draft Ordinance
• Exhibit B – Draft Resolution
• Exhibit C – Objective Standards for Eligible Register Resources • Informational 1 – Enlarged Objective Standards Flowchart

RECOMMENDATION:

1. Hold public hearing.

2. Recommend that the City Council f ind that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15061 Review for Exemption , CEQA Guidelines Section 15183 Projects Consistent with a Community Plan, General Plan, or Zoning, CEQA Guidelines Section 15262 Feasibility and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environm ental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified;

3. Find that the proposed zoning text amendment and Objective Standards are consistent with the Fremont General Plan;

4. Find that the proposed zoning text amendment and Objective Standards further the public interest, convenience, and general welfare of the City by ensuring consistency between the FMC and the City’s General Plan , with State law , and provide for a streamlining of the process of reviewing eligible historic resources by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents;

5. Recommend the City Council i ntroduce the ordinance amending Title 18 (Planning and Zoning) attached to this report as Exhibit B;

6. Recommend the City Council a dopt the r esolution attached to this report as Exhibit C, implementing Program 4 of the City’s 2023 -2031 Housing Element to id entify Objective Design Standards for modifying eligible historic resources for single family and two family residential development.

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Attachment: Informational 2 - HARB Staff Report (5339 : 2024 Code Update - Housing Element Implementation) Minutes Historical Architectural Review Board – November 14, 2024 Page 1 M
INUTES

HISTORICAL ARCHITECTURAL REVIEW BOARD
SPECIAL MEETING OF NOVEMBER 14, 20204
CALL TO ORDER: Vice Chairperson McLauchlan called the meeting to order at 6 :30 p.m.

PRESENT: Chairperson Adamson (arrived at 6:34 p.m.)
V ice Chairperson McLauchlan,
Board Members Govind, Jacobs and Kanady
S
enior Planner James Willis introduced Naveen Govind as the newest member of the Historical Architectural Review Board (HARB).

ABSENT: None
STAFF PRESENT: James Willis, Senior Planner
J oel Pullen, Planning Manager
Bronwen Lacey, Senior Deputy City Attorney
APPROVAL OF MINUTES: Vice Chairperson McLauchlan moved to approved minutes from the regular meeting of September 5, 2024 and Board Member Kanady seconded. Motion carried. Chairperson
Adamson was not present for the vote and Board Member
Govind abstained.

DISCLOSURES: None
P

UBLIC/ORAL
COMMUNICATIONS None
P

UBLIC HEARING ITEMS
Item 1. 2024 CODE UPDATE – HOUSING ELEMENT IMPLEMENTATION – Citywide – PLN2025-00074 – To consider adoption of a resolution for objective design standards for historic homes to implement programs contained within the adopted Housing Element and an ordinance for an associated text amendment to the Historic Resources Chapter (FMC Chapter 18.175); and to consider exemptions for the proposed amendments 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, INFORMATIONAL 3

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Minutes Historical Architectural Review Board – November 14, 2024 Page 2 General Plan, or Zoning), §15262 (Feasibility and Planning Studies), and §15378 (Project).

Senior Planner James Willis gave a comprehensive presentation and responded to questions from the Board regarding CEQA exemptions, types of projects requiring HARB review , and housing stock, with assistance from Planning Ma nager Joel Pullen.

Chairperson Adamson opened the public hearing.

Stacy Kozakavich of Page & Turnbull , and Aaron Aknin of Good City Company spoke to the particulars of the proposed process, and responded to questions from the Board regarding the checklist of elements, side yard setbacks for ADU’s, projects outside the standard process, selection process for specific design styles, and the final review process.

Chairperson Adamson closed the public hearing.

Chairperson Adamson moved to approve recommendation to the City Council and Board Member Govind seconded.

IT WAS MOVED (ADAMSON/GOVIND) AND CARRIED BY THE FOLLOWING VOTE ( 5-0-0-0-0) THAT THE HISTORICAL ARCHITECTURAL REVIEW BOARD:

HELD PUBLIC HEARING;
AND
RECOMMENDED THAT THE CITY COUNCIL:

FIND THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER, WITHOUT LIMITATION, CEQA GUIDELINES SECTION 15061 REVIEW FOR
EXEMPTION, CEQA GUIDELINES SECTION 15183 PROJECTS CONSISTENT

WITH A COMMUNITY PLAN, GE NERAL PLAN, OR ZONING, CEQA
GUIDELINES SECTION 15262 FEASIBILITY AND PLANNING STUDIES, AND CEQA GUIDELINES 15378 PROJECT, AND FIND THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE

GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED; AND

FIND THAT THE PROPOSED ZONING TEXT AMENDMENT AND OBJECTIVE STANDARDS ARE CONSISTENT WITH THE FREMONT GENERAL PLAN; AND

FIND THAT THE PROPOSED ZONING TEXT AMENDMENT AND OBJECTIVE

STANDARDS FURTHER THE PUBLIC INTEREST, CONVENIENCE, AND

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GENERAL WELFARE OF THE CITY BY ENSURING CONSISTENCY
BETWEEN THE FMC AND THE CITY’S GENERAL PLAN, WITH STATE LAW,

AND PROVIDE FOR A STREAMLINING OF THE PROCESS OF REVIEWING

ELIGIBLE HISTORIC RESOURCES BY PROVIDING DEVELOPMENT

STANDARDS THAT ARE RELEVANT TO CURRENT DEVELOPMENT

REGULATIONS, OBJECTIVE, EASY TO USE, FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND
INTRODUCE THE ORDINANCE AMENDING TITLE 18 (PLANNING AND ZONING) ATTACHED TO THIS REPORT AS EXHIBIT B;
AND

ADOPT THE RESOLUTION ATTACHED TO THIS REPORT AS EXHIBIT C, IMPLEMENTING PROGRAM 4 OF THE CITY’S 2023-2031 HOUSING ELEMENT

TO IDENTIFY OBJECTIVE DESIGN STANDARDS FOR MODIFYING ELIGIBLE

HISTORIC RESOURCES FOR SINGLE FAMILY AND TWO FAMILY
RESIDENTIAL DEVELOPMENT.

The motion carried by the following vote:

AYES: 5 – Adamson, Govind, Jacobs, Kanady, McLauchlan
NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0

MISCELLANEOUS ITEMS

Information from Board and Staff:

• Information from staff, as reported by Senior Planner James Willis.

o The next HARB meeting is scheduled for December 5, 2024.

• Information from Board: None

ADJOURNMENT

Meeting adjourned at 7:35 p.m.

APPROVED BY:

James Willis, Secretary
Historical Architectural Review Board

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Proposal: 2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION – Citywide – PLN2025-00074 - To consider adoption of a
resolution for objective design standards for historic homes to implement programs contained within the adopted Housing Element and an ordinance for an associated text amendment to the Historic Resources Chapter (FMC Chapter 18.175); and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independen t basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183
(Projects Consistent with a Community Plan, General Plan, or Zoning) and/or §15162, Subsequent EIRs and Negative
Declarations, §15262 (Feasibility and Planning Studies), and §15378 (Project).

Recommendation: Recommend approval of the project to the City Council based on findings and subject to conditions of approval.

Location: Citywide

People: James Willis, Staff Planner; (510) 494 -4449,
[email protected]

EXECUTIVE SUMMARY
As part of the implementation of the 2023 – 2031 Housing Element of the Fremont General Plan, the City is required to enact the policies and rules contained in a number of programs.

Program 4 requires the City adopt objective standards for historic homes to r educe the processing time and uncertainty for applications related to eligible historic resources. The State of California requires the City implement certain programs in the Housing Element within two years of the Housing Element’s adoption which occurred in January 2023, including Program 4.

The proposed objective standards for eligible register resources, which are attached to this staff report along with the associated updates to the Fremont Municipal Code (FMC), are intended to accomplish the requirem ents of Program 4 prior to the State mandated deadline. The proposed objective standards would preserve protections necessary for maintaining the historic integrity of historic homes in Fremont, while still meeting the City and State’s goals to increase the supply of housing.

BACKGROUND AND PREVIOUS ACTIONS
Fremont Housing Element

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Attachment: Informational 4 - Planning Commission Report 12-12-2024 (5339 : 2024 Code Update - Housing Element Implementation) Planning Commission Report (ID # 5322) Meeting of December 12, 2024 2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION PLN2025-00074 Page 2 The Housing Element is an element of the Fremont General Plan that contains an eight -year plan to meet the housing needs of everyone in the community. It provides a blueprint fo r how the City of Fremont can protect the housing stability of existing residents; preserve and improve the existing housing stock; and produce new housing at all income levels.

On January 10, 2023, the Fremont City Council voted unanimously to adopt the 2023–2031 Housing Element. Shortly after its adoption, the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and certification. HCD is responsible for reviewing every Housing Element in the State an d determining whether the Housing Element complies with State law. On March 22, 2023, HCD certified Fremont’s 2023–2031 Housing Element.

The 2023-2031 Housing Element contains six goals, as listed below:

• Goal 1. Preserve, Maintain, and Improve the Existing Housing Supply

• Goal 2. Help Current Residents Maintain Stable and Safe Housing in Fremont

• Goal 3. Promote Production of New Affordable and Market-Rate Housing

• Goal 4. Maximize Support and Resources for Affordable Housing Production

• Goal 5. Address Disparities in Access to Housing and Disproportionate Housing Needs

• Goal 6. Maintain a Compliant Housing Element and Zoning Ordinance

As part of the implementation of the certified Housing Element, a number of programs were adopted. The specific program related to historic properties is Program 4 which reads:

Program 4. Objective Design Standards for Historic Homes. The City promotes preservation of historic resources through a program that screens possible historic resources when projects come in f or alteration or demolition. There have been several successful large residential projects in the City that incorporated historic resources and allowed them to be adapted into modern housing. Additionally, the City has received much interest from homeowners of individual historic homes in adding an ADU consistent with the City’s adopted objective design standards for ADUs on historic properties. In order to reduce the processing time and uncertainty for applications involving historic resources, the City wo uld develop a set of objective design standards for the review of projects involving historic homes.

The City is required to adopt regulations to enact Program 4 within two years of the Housing Element’s adoption.

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State law requires th at a city’s Housing Element demonstrate that the City has adequately planned to meet the housing needs of the community at all income levels. This obligation includes both providing zoned capacity to accommodate a city’s allocation of housing and developing policies and procedures to facilitate the development of that housing. The requirements for a compliant Housing Element are set by the California Government Code.

Since the last Housing Element update in 2015, multiple state laws have modified the requirements for a certified Housing Element. A brief summary of relevant laws is below:

• AB 72 (Santiago, 2017) authorized the California Department of Housing and Community Development (HCD) to review actions by local jurisdictions in the middle of a planning period for consistency with their Housing Element and State law. It provides HCD greater authority to react to violations of Housing Element law, including the imposition of penalties. Specific penalties could include revocation of a previous Housing Eleme nt certification and referral of violations to the attorney general for legal action.

• SB 166 (Skinner, 2017) required local jurisdictions to maintain adequate sites to accommodate the remaining Regional Housing Needs Allocation (RHNA) throughout the Housing Element planning period. If a development is proposed on a Housing Element inventory site at a density lower than the intended density in the Housing Element, a jurisdiction must either make findings that the Housing Element’s remaining sites have suffi cient capacity to accommodate the remaining unmet RHNA by each income level or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category.

• SB 35 (Wiener, 2017) added a requirement that local jurisdictions must allow for a streamlined ministerial approval process when the jurisdiction has not yet made sufficient progress toward their allocation of the regional housing need.

• SB330 (Skinner, 2019) prohibits local jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. The law also prohibits an agency from holding more than five hearings in connection with review of a proposed housing development and does not allow residential projects to be denied on the basis of requested density bonus concessions and waivers. Furthermore, the law prohibits jurisdictions from creating new standards which make housing development more difficult from the rules in effect in 2018, including rules related to height, setback, and density.

As a result of recent legislative changes, the penalties for having a non -compliant Housing Element have substantially increased. Jurisdictions without a compliant housing element have historically been ineligible for state administered funding pro grams, including programs for affordable housing. Recent changes have added additional basis for action against cities with a non-compliant housing element, including:

• Litigation from the State Department of Justice

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• Loss of permitting authority

• Financial penalties up to $50,000 a month

• Court receivership of housing element process

Furthermore, HCD has created a new Housing Accountability Unit (HAU) that is tasked with enforcing Housing Element law throughout the planning period. The HAU intends to review local government actions, or failures to act, that it deems inconsistent with an adopted Housing Element or State law. This includes failure to implement program actions included in a previously certified Housing Element. HCD may revoke Housing Ele ment compliance at any point during the planning cycle if it finds that a jurisdiction’s implementation actions are not consistent with state law.

During review of the City’s Housing Element, HCD identified the subjective nature of the City’s historic review process, particularly for single family and two -family homes as well as ADUs, as onerous and not being in compliance with State housing laws. The City is therefore required to implement changes in the process to streamline review of these types of projects. These rules are not specific towards Fremont but are Statewide regulations imposed on local jurisdictions to streamline housing development in response to the housing crisis. Many of the recently passed State housing laws include requirements for obj ective standards and permit streamlining. Objective standards must provide clear and quantifiable requirements for projects and streamlining would reduce the number of public hearings that a housing project may be subject to. The intent of these new laws i s to facilitate housing production goals statewide to help alleviate California’s housing crisis.

Historical Architectural Review Board
On November 14, 2024, the Fremont Historical Architectural Review Board (HARB) held a public hearing to consider a reco mmendation to the City Council regarding these same historic objective standards and zoning text amendment. After asking some questions about the applicability of the standards and how they could help alleviate the housing shortage, the Board unanimously r ecommended approval to the City Council with no modifications.

Please refer to the HARB staff report (Informational 2) and the draft HARB minutes from that hearing (Informational 3). There were no public speakers at the HARB hearing.

PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, the Planning Commission is acting in an advisory role to the City Council. The City Council will have final approval authority for the proposed Historic Objective Standards and associated municipal code updates. Specificall y, the Planning Commission is charged with the following tasks:

1) Consider a proposed categorical exemption for the project per California Environmental Quality Act (CEQA) Guidelines Section 15061 Review for Exemption, CEQA Guidelines Section 15262 Feasibil ity and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is

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Attachment: Informational 4 - Planning Commission Report 12-12-2024 (5339 : 2024 Code Update - Housing Element Implementation) Planning Commission Report (ID # 5322) Meeting of December 12, 2024 2024 CODE UPDATE - HOUSING ELEMENT IMPLEMENTATION PLN2025-00074 Page 5 consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and/or Section 15162, Subsequent EIRs and Negative Declarations;

2) Consider, pursuant to FMC Chapter 18.225 (Adoption or Amendments to General, Community and Specific Plans, Design Guidelines, Zoni ng Maps and Text, and Prezoning), a recommendation to the City Council to introduce an ordinance adopting the proposed amendments to FMC Chapter 18.175 Historic Resources; and

3) Consider, pursuant to FMC Chapter 18.225 (Adoption or Amendments to General, Community and Specific Plans, Design Guidelines, Zoning Maps and Text, and Prezoning), a recommendation to the City Council to introduce a resolution adopting the proposed Objective Design Standards for Eligible Register Resources.

PROJECT DESCRIPTION
The C ity is required by State Law to enact programs contained in the Fremont Housing Element. Program 4 requires the City to prepare objective standards for historic homes to be in conformance with recently passed State Law. The proposed Objective Standards for Eligible Register Resources (Objective Standards) are intended to meet the requirements of Program 4. These Objective Standards would not apply to listed register resources, nor to projects involving demolition or relocation of listed or register eligible structures. These objective design standards would provide a streamlined and standardized basis by which to review proposed projects at eligible historic single -family and two -family residential properties, while ensuring that projects which seek to maint ain and expand the City’s housing supply do not negatively impact the significance and character of Fremont’s historic buildings. These objective design standards are provided as a set of checklists which are intended to inform project development and redu ce uncertainty and delays in the review process. Failure to adopt objective standards under Program 4 could result in the State HAU finding the City out of compliance with the certified Housing Element and could result in enforcement actions being imposed upon the City as described above.

PROJECT ANALYSIS
General Plan Conformance
The following General Plan policies are among those most applicable to this project:

LAND USE POLICY 2-1.11: Infill Emphasis – Focus new development on underutilized or “skipped over” sites that are already served by infrastructure and public streets.

Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses.

LAND USE ELEMENT IMPLEMENTATION 2 -2.5.A: ZONING UPDATE – Update Fremont’s zoning regulations, including the zoning map, to achieve consistency with the General Plan vision and Land Use Plan and shift toward a form-based approach to regulating development in City Center and the Town Centers . The update should reflect best practices in zoning, including the use of form -based codes, and should explore innovative and creative ways to achieve a more pedestrian -friendly and sustainable land use pattern. At the same time, the update should also ad dress

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LAND USE POLICY 2 -3.2: Neighborhood Reinvestment – Encourage continued reinvestment in Fremont neighborhoods by the public and private sectors. While the basic land use pattern in many neighborhoods is already set and will be maintained, their improvement and evolution should be viewed an important part of the City’s sustainability initiatives.

HOUSING ELEMENT GOAL 3: Promote Production of New Affordable and Market -Rate Housing - Fremont has adequate General Plan land use designations and zoning in place to meet the community’s RHNA targets. However, significant barriers exist to develop enough new housing, in particularly affordable housing, to meet the community’s needs. Goal 3 focuses on removing the barriers to the production of affordable and market rate housing in Fremont.

HOUSING ELEMENT GOAL 4: Maximize Support and Resources for Affordable Housing Production - Construction of affordable housing generally requires large subsidies from Federal, State, County or local government sources in order to be financially feasible, yet there is not nearly enough funding available to s ubsidize all of the affordable housing needs in the region. The lack of available resources is a significant barrier to the production of affordable housing. Goal 4 focuses on maximizing resources, streamlining processes, and providing incentives to encour age the production of affordable housing.

HOUSING ELEMENT GOAL 5 : Address Disparities in Access to Housing and Disproportionate Housing Needs - Disparities in housing access and quality exists in Fremont, particularly among low-income people of color. Res idents of color are more likely to experience homelessness, cost-burden, and overcrowding. Residents of color are also more likely to be renters than homeowners, which contributes to their disproportionate housing instability. Goal 5 focuses on meaningful actions to address the factors that detract from fair housing access within Fremont.

HOUSING ELEMENT GOAL 6: Maintain a Compliant Housing Element and Zoning Ordinance - Goal 6 focuses on consistent evaluation of the effectiveness of Housing Element programs during the planning period, and adjusting/adapting to changes in state law, and economic conditions to stay on target with housing goals.

Analysis: The Housing Element is a mandatory element of the General Plan, and it includes State-approved policies and programs to increase housing opportunities in the City.

California Government Code section 65585(i) requires that the City implement all new housing laws, and noncompliance may result in the State revoking certification of the City’s 2023-2031 Housing Element. Program 4 was included as a Housing Element implementation action to capture changes in State law not yet reflected in the City’s Planning and Zoning Ordinance or other design guidelines. The purpose of the Objective Standards and this Code Update is to align the FMC and the City’s development process with recently passed State legislation and to provide more clarity to the public, staff, and decision -makers when applying regulations to eligible historic housing development projects and residential uses.

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The following Community Character Element policies are among those applicable to this project:

COMMUNITY CHARACTER Policy 4 -6.1: Protection of Historic Resources - Identify, preserve, protect and maintain buildings, structures, objects, sites and districts which are reminders of past eras, events, and persons impo rtant in local, state, or national history. Historic structures which provide significant examples of architectural periods and styles of the past are irreplaceable assets. They should be protected to provide present and future generations with examples of the physical environments in which past generations lived and worked. The needless destruction and impairment of significant historic resources must be prevented so that opportunities for public enjoyment and economic utilization of such resources are not diminished or lost.

COMMUNITY CHARACTER Policy 4 -6.2: Construction and Alterations within Historic Areas - Require new construction or alterations to Register Resources or Potential Register Resources located within a designated HOD or NCA to be subject to review and approval by the Historical Architectural Review Board (HARB). However, single - family residential properties (other than Fremont Register Resources and Potential Register Resources) located within an HOD or NCA are not subject to review by HARB.

COMMUNITY CHARACTER Implementation 4 -6.2.A: Secretary of the Interior Standards - Review proposed alterations to Register Resources and Potential Register Resources in a manner that is consistent with the recommended procedures and best practices provided in The Secretary of the Interior's Standards for the Treatment of Historic Properties, including guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings.

COMMUNITY CHARACTER Policy 4 -6.5: Design Compatibility - Preserve the architectural continuity and design integrity of historic districts and other areas of strong architectural character. New development within such areas does not need to replicate prevailing architectural styles exactly but should be complementary in form, height, and bulk.

Community Character Policy 4-6.6: Historic Preservation Regulations - Observe local, State and Federal historic preservation laws, regulations and codes to ensure conservation of Fremont’s significant historic resources. These l aws include but are

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Analysis: Fremont values its historic heritage and has established policies and regulati ons to protect historic resources in the City. The City proactively identifies, maintains, and protects its historic resources. The proposed Objective Standards and the associated amendment to the FMC would allow the City to continue to protect the integrity of eligible historic resources while remaining in compliance with recently passed State legislation. Furthermore, the proposed Objective Standards would allow the HARB to remain focused on reviewing projects related to properties on the Historic Registe r(s) and larger developments in the historic overlay districts of Niles and Mission San Jose.

Zoning Amendment:

Currently, certain types of projects are eligible for expedited review in which planning staff, rather than the HARB, make the required findin gs per FMC 18.175.250. These projects are typically less likely to adversely impact a historic resource, such as in -kind replacement of existing features such as windows and doors, siding, porches, stairs, and other exterior features that are damaged beyon d repair or had been removed, and replacement of roof coverings, fences and paving consistent with the Secretary of the Interior’s Standards. The HARB may also delegate review of certain projects to planning staff, including removal of incompatible additio ns and alterations, seismic retrofitting, minor alterations that do not impact the historic character of a property or are not visible from public -rights-of-way, and construction of small accessory buildings and structures. In these cases, planning staff m ust make the required findings that a project adheres to the Secretary of the Interior’s Standards and relevant local guidelines and standards.

The proposed amendment to FMC 18.175.250 (Expedited review of minor alterations to register/potential register resources) would allow City staff to implement the Objective Standards in accordance with Program 4 and State law. The addition of subparagraph 6 would allow the use of the Objective Standards to review additions, new construction, and ADU projects that h ave been identified as containing an eligible historic resource, but the resource is not actually on the historic register. The ordinance would only apply to single family and two-family lots, not multi-family or mixed use, nor would it apply to projects t hat contain a home that has been converted into a different use such as a commercial conversion.

Objective Standards:

The proposed Objective Standards are intended to provide a more streamlined review process for projects at single - and two-family residential properties that are eligible for the Historic Register. Projects may include alterations to original features of historic residential buildings (preservation/maintenance of original features, repair or replacement of features, and mechanical upgrades) , additions, accessory dwelling units, and new construction on historic residential properties. The objective standards would not apply to projects involving demolition or relocation of eligible register resources or to certain agricultural structures.

Adhering to the Objective Design Standards provides an alternative to the discretionary design review process as required by Program 4 of the adopted Housing Element. Project applicants who propose alterations, additions, or new construction which do not comp ly with

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The Objective Standards document contains a flow cha rt diagraming the process to utilize the Objective Standards. Applicants would first need to determine if their project is eligible for the Historic Register through the normal process of having a qualified historian prepare a Department of Parks and Recre ation form to document the history of the site. If the project is eligible for the Historic Register, and the proposed project is eligible to use the Objective Standards, the applicant would complete the appropriate checklist contained in the Objective Sta ndards then utilize the appropriate Architectural Style Worksheet to identify the allowable and prohibited architectural elements and exterior materials. The completed checklist would be submitted with the project application for staff ministerial review. If staff confirms the proposed work is eligible to use the Objective Standards and the proposed architectural elements and exterior materials conform to the appropriate Architectural Style Worksheet, the project would be approved. Please refer to the attached Objective Standards document for more details on the process.

FINDINGS FOR APPROVAL:

In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. Pursuant to FMC §18.225. 060, to recommend approval, the Planning Commission must make the following findings specified in FMC §18.225.050:
(1) The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consisten t with the other policies and chapters.

Analysis: The proposed amendment would be consistent with the General Plan Land Use and Community Character Elements because the proposed amendment would streamline the process to review certain projects affecting e ligible historic resources, update the City’s land use regulations to achieve consistency with State law, and support compatible land uses. Furthermore, the proposed amendment would also implement Program 4 from the City’s 2023 -2031 Housing Element, which is part of Fremont’s General Plan.

(2) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed amendment would further the public interest, convenience, and general welfare of the City b ecause the proposed amendment would implement the City’s Housing Element, which is part of the City’s General Plan. The proposed amendment would ensure that the City’s planning and zoning regulations comply with State law. The proposed amendment would stre amline the process by providing development standards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of

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CITY FEES
As a City initiated project, City fees are not applicable.

ENVIRONMENTAL REVIEW
The proposed text amendment and Objective Standards are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines:

4) In that it can be seen with certainty that there is no possibility that the proposed text amendment and Objective Standards would have the potential for causing a significant effect on the environment, and because the proposed amendme nts would only modify certain zoning procedures to implement the City’s 2023 -2031 Housing Element and would not approve any development. §15061(b)(3) Review for Exemption

5) In that the proposed text amendment and Objective Standards are consistent with the development densities and policies in Fremont’s General Plan, for which an Environmental Impact Report (EIR) [SCH #2010082060] was previously prepared and certified, and none of the circumstances necessitating further environmental review are present. The proposed amendment and Objective Standards do not involve peculiar impacts that were not previously analyzed or discussed as significant effects in prior EIR(s) on the general plan and zoning with which the project is consistent, there are no previously id entified significant effects which are substantially more severe than analyzed in the prior EIR(s) or cannot be substantially mitigated by the imposition of uniformly applied development policies or standards applied on a citywide basis, and the proposed amendment and Objective Standards are necessary to conform with state law.

Any conceivable impact of the proposed amendments would be too speculative for reasoned analysis in the absence of specific development proposals. §15183 , Projects Consistent with a Community Plan, General Plan, or Zoning and/or §15162 Subsequent EIRs and Negative Declarations

6) In that the proposed amendment and Objective Standards may lead to possible future actions, but the City has not yet approved, adopted, or funded those possible future actions. §15262 Feasibility and Planning Studies

7) In that the proposed amendment and Objective Standards are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. §15378 Project

PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable. A Public Hearing Notice was published by The Tri- City Voice on November 26, 2024.

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RECOMMENDATION

1. Hold public hearing.

2. Recommend that the City Council find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15061 Review for Exemption, CEQA Guidelines Section 15262 Feasibility and Planning Studies, and CEQA Guidelines 15378 Project, and find that no further environmental review is required pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified and/or §15162 Subsequent EIRs and Negative Declarations;

3. Find that the proposed zoning text amendment and Objective Standards are consistent with the Fremont General Plan;

4. Find that the proposed zoning text amendment and Objective Standards further the public interest, convenience, and general welfare of the City by ensuring consistency between the FMC and the City’s General Plan, with State law, and provide for a streamlining of the process of reviewing eligible historic resources by providing development st andards that are relevant to current development regulations, objective, easy to use, flexible and equitable, and ensure the health and safety of Fremont residents;

5. Recommend the City Council introduce the ordinance amending Title 18 (Planning and Zoning) attached to this report as Exhibit B;

6. Recommend the City Council adopt the resolution attached to this report as Exhibit C, implementing Program 4 of the City’s 2023 -2031 Housing Element to identify Objective Design Standards for modifying eligible histo ric resources for single family and two family residential development.

ENCLOSURES
• Exhibit A - Draft Ordinance XX-2025
• Exhibit B Resolution 2025-XX
• Exhibit C - Fremont ODS for Potential Register Residences • Informational 1 - Fremont ODS Process Flowchart
• Informational 2 - HARB Staff Report
• Informational 3 - HARB Draft Minutes 11-14-24

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Minutes Planning Commission – December 12, 2024 PAGE 1

MINUTES

FREMONT PLANNING COMMISSION
REGULAR MEETING OF DECEMBER 12, 2024

CALL TO ORDER: Chairperson Zhang called the meeting to order at 7:00 p.m.

PRESENT: Chairperson Zhang
Vice Chairperson Basrai
Commissioners Craig, Ezzy, Yee, Ramamurthi
Commissioner Liu (arrived at 7:07 p.m.)

Commissioner Ezzy introduced himself as the newest appointment to the Planning Commission.

ABSENT: None

STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
James Willis, Senior Planner
Marc Cleveland, Associate Planner
Donovan Lazaro, Economic Development Director
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician

APPROVAL OF MINUTES: Commissioner Yee moved to approved minutes for the special meeting of November 21, 2024 and Commissioner Ramamurthi seconded. Motion carried by a unanimous vote of those present .

Commissioner Liu was absent for the vote and Commissioner Ezzy abstained.

DISCLOSURES: Commissioner Yee toured the project site for Item 1 (PLN2022- 00331) and spoke with a resident in the area. Commissioner Yee toured the project site for Item 2 (PLN2024 -00080) on two separate occasions, one with the applicant, and then revisited the project site for Item 3 (PLN2025-00071).

Commissioner Ramamurthi drove by the project sites for Items 1 (PLN2022-00331) and 3 (PLN2025-00071).

Commissioner Ezzy drove by the project site for Item 2 (PLN2024-00080) and received an introductory communication

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from the applicant. Commissioner Ezzy also drove by the project site for Item 3 (PLN2025-00071).

Commissioner Craig drove by the project site for Item 2 (PLN2024-00080) and spoke with the applicant, as well as community members in the area. Commissioner Craig also drove by the project site for Item 3 (PLN2025-00071) and spoke with community members in the area.

Vice Chairperson Basrai drove by the project site for Item 1 (PLN2022-00331) a couple of times, and met with the applicant for Item 2 (PLN2024 -00080) to discuss the project. Vice Chairperson Basrai drove by the project site for Item 3 (PLN2025- 00071) multiple times and spoke with a few residents in the area.

Chairperson Zhang drove by the project site s for Item s 1 (PLN2022-00331) and 2 (PLN2024 -00080); and revisited the project site for Item 3 (PLN2025-00071) and spoke with a couple of residents in the area.

Commissioner Liu arrived at 7:07 p.m.

Commissioner Liu stated that he would be recusing himself from the public hearing for Item 1 (PLN2022-00331), due to a previous business relationship with the applicant. Commissioner Liu drove by the project site for Item 3 (PLN2025-00071).

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 None

PUBLIC HEARING ITEMS

Item 1. LI BAO LI TOWNHOMES – 4467 Central Avenue – PLN2022-00331 – To (00:10:15) consider a Discretionary Design Review, Vesting Tentative Tract Map No. 8692, Modification of Zoning Standards, and a Private Street to construct 10 for -sale, attached townhouse units across two buildings on an approximately 0.45 acre site at 4467 Central Avenue in the Centerville Community Plan Area; and to consider a finding that no further environmental review is required pursuant to an exemption from the requirements of the California Environmental Quality Act (CEQA) per CEQA Section 15332, Infill Development Projects, and a finding that no further environmental

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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.

Commissioner Liu recused himself from the public hearing of this item and exited Chambers.

Planning Manager Joel Pullen gave a brief explanation of why th is item was being continued.

Chairperson Zhang opened and closed the public hearing, as there were no public speakers for this item.

IT WAS MOVED (YEE/CRAIG) AND CARRIED BY THE FOLLOWING VOTE (6- 0-0-0-1) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
CONTINUED THE PROJECT TO A DATE UNCERTAIN.

The motion carried by the following vote:

AYES: 6 – Basrai, Craig, Ezzy, Ramamurthi, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 1 – Liu

Commissioner Liu rejoined the meeting in Chambers.

Item 2. PALISADE FREMONT BOULEVARD – Fremont Boulevard & Ice House (00:15:50) Terrace – PLN2024-00080 – To consider a proposed General Plan Amendment from Regional Commercial to Tech Industrial, corresponding rezoning from Commercial – Regional (C -R) to Tech Industrial (I-T), Discretionary Design Review, Lot Line Adjustment, and Summary Vacation of public utility easements to facilitate the development of an approximately 70,000 -square-foot industrial building; and to consider a Draft Negative Declaration prepared and circulated for the project in accordance with the requirements of the California Environmental Quality Act (CEQA).

Planning Manager Joel Pullen introduced the item.

Senior Planner James Willis gave a comprehensive presentation with assistance from Economic Development Director Donovan Lazaro . Staff responded to questions regarding fiscal benefits, bike lanes, anticipated type of industries, history of rezoning requests, features of a contemporary manufacturing facility, and commercial versus industrial zoned uses.

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Chairperson Zhang opened the public hearing for this item.

John Peterson , partner with North Palisade Partners , spoke to the project and responded to questions related to subdivision possibilities, solar, expansion possibilities, and traffic flow for trucks.

Victor De la Torre and Olegario Guzman, both representing Liuna Laborers, spoke in support of the project.

Kelly Abreu, Fremont resident, spoke regarding industrial development, and stated he supported the project.

Chairperson Zhang closed the public hearing on this item.

IT WAS MOVED (EZZY/CRAIG) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:

FIND, IN ACCORDANCE WITH CEQA GUIDELINES SECTION 15074 THAT IT

HAS CONSIDERED THE NEGATIVE DECLARATION AS SHOWN IN EXHIBIT “A” TOGETHER WITH ANY COMMENTS RECEIVED DURING THE PUBLIC

REVIEW PROCESS, THAT WAS PREPARED IN ACCORDANCE WITH THE

REQUIREMENTS OF CEQA, THAT THERE IS NO SUBSTANTIAL EVIDENCE

THAT THE PROJECT WILL HAVE A SIGNIFICANT EFFECT ON THE

ENVIRONMENT, AND THAT THIS ACTION REFLECTS THE INDEPENDENT JUDGMENT AND ANALYSIS OF THE CITY OF FREMONT;
AND

FIND THAT THE GENERAL PLAN AMENDMENT CONFORMS WITH AND
CONTAINS THE REQUIREMENTS PROVIDED FOR IN THE CITY’S

PLANNING PROCESSES, CONSTITUTES A SUITABLE AND LOGICAL

CHANGE IN THE PLAN FOR PHYSICAL DEVELOPMENT OF THE CITY OF FREMONT, AND IS IN THE PUBLIC INTEREST;
AND

FIND THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT
PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN, INCLUDING THE

DESIGNATED GOALS AND POLICES SET FORTH IN THE LAND USE,

MOBILITY, AND ECONOMIC DEVELOPMENT CHAPTERS OF THE GENERAL PLAN AS ENUMERATED IN THE STAFF REPORT;
AND
FIND THAT THE PROJECT PLANS AS SHOWN IN EXHIBIT “D” FULFILL THE

APPLICABLE REQUIREMENTS SET FORTH IN THE FREMONT MUNICIPAL CODE;
AND

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ADOPT A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT TO

CHANGE THE LAND USE DESIGNATION FROM REGIONAL COMMERCIAL TO TECH INDUSTRIAL, AS SHOWN IN EXHIBIT “B;”
AND

INTRODUCE AN ORDINANCE REZONING THE PROJECT SITE FROM

REGIONAL COMMERCIAL (C-R) TO TECH INDUSTRIAL (I-T) BASED UPON

THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL SET FORTH IN EXHIBIT “F;”
AND

DIRECT STAFF TO PREPARE AND THE CITY CLERK TO PUBLISH A SUMMARY OF THE RESOLUTION AND ORDINANCE.

The motion carried by the following vote:

AYES: 7 – Basrai, Craig, Ezzy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0

Chairperson Zhang called for a brief recess at 8:15 p.m. and reconvened the meeting at 8:28 p.m.

Item 3. ELLSWORTH MIXED USE EXTENSION – 43401 Ellsworth Street – PLN2025- (01:30:06) 00071 – To consider a 24-month time extension for a project previously entitled under PLN2021-00292 comprising a Discretionary Design Review Permit, Tentative Tract Map No. 8596, and a Private Street in conjunction with a mixed use development containing approximately 4,581 square feet of commercial space and 12 residential units consisting of six duet units in three buildings and six detached townhomes in the Mission San Jose Community Plan Area and the Mission San Jose Historical Overlay District; and to consider exemptions for the proposed extension from the Cali fornia Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061(b)(3) (Review for Exemption), §15162 (Subsequent EIRs and Negative Declarations), and/or §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Planning Manager Joel Pullen introduced the item and Associate Planner Marc Cleveland responded to questions from the Commission regarding extension timelines.

Chairperson Zhang opened the public hearing for this item.

Terry Wang, Project Manager at Robson Homes , responded to questions from the Commission regarding the delay of the project.

Chairperson Zhang closed the public hearing for this item.

IT WAS MOVED (RAMAMURTHI/YEE) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING:

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AND

FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, PER SECTION 15061(B)(3) AS THE TIME EXTENSION CAN BE

SEEN WITH CERTAINTY TO NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, CEQA GUIDELINES SECTION 15162 AS THE PROPOSED

EXTENSION IS CONSISTENT WITH THE PREVIOUSLY PREPARED AND

ADOPTED EIR AND NONE OF THE CIRCUMSTANCES NECESSITATING

PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR ARE PRESENT (SCH# 2018072040), AND/OR CEQA GUIDELINE S SECTION 15183, AS THE

PROJECT IS CONSISTENT WITH THE DENSITY ESTABLISHED BY THE

GENERAL PLAN, AND/OR ZONING FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED. EACH OF THE FOREGOING PROVIDES A SEPARATE AND INDEPENDENT BASIS FOR CEQA COMPLIANCE;
AND
APPROVED A 24 -MONTH TIME EXTENSION FOR THE PROJECT’S

DISCRETIONARY DESIGN REVIEW PERMIT, VESTING TENTATIVE TRACT MAP NO. 8596, AND PRIVATE STREET, SUBJECT TO THE ORIGINAL FINDINGS AND CONDITIONS.

The motion carried by the following vote:

AYES: 7 – Basrai, Craig, Ezzy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0

Item 4. 2024 CODE UPDATE – HOUSING ELEMENT IMPLEMENTATION – (01:44:22) Citywide – PLN2025-00074 – To consider adoption of a resolution for objective design standards for historic homes to implement programs contained within the adopted Housing Element and an ordinance for an associated text amendment to the Historic Resources Chapter (FMC Chapter 18.175); and to consider exemptions for the proposed amendments 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 Zoning) and/or §15162, Subsequent EIRs and Negative Declarations, §15262 (Feasibility and Planning Studies), and §15378 (Project).

Planning Manager Joel Pullen introduced the item.

Senior Planner James Willis gave a comprehensive presentation with assistance from consultants Stacy Kozakavich, from Page & Turnbull, and Aaron Aknin from Good City Company, and also responded to clarifying questions from the Commission.

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Chairperson Zhang opened and closed the public hearing, as there were no public speakers for this item.

IT WAS MOVED (BASRAI/CRAIG) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:

FIND THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER, WITHOUT LIMITATION, CEQA GUIDELINES SECTION 15061 REVIEW FOR
EXEMPTION, CEQA GUIDELINES SECTION 15262 FEASIBILITY AND PLANNING STUDIES, AND CEQA GUIDELINES 15378 PROJECT, AND FIND

THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT

WITH THE GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED AND/OR §15162 SUBSEQUENT EIRS AND NEGATIVE
DECLARATIONS;
AND

FIND THAT THE PROPOSED ZONING TEXT AMENDMENT AND OBJECTIVE STANDARDS ARE CONSISTENT WITH THE FREMONT GENERAL PLAN; AND

FIND THAT THE PROPOSED ZONING TEXT AMENDMENT AND OBJECTIVE

STANDARDS FURTHER THE PUBLIC INTEREST, CONVENIENCE, AND

GENERAL WELFARE OF THE CITY BY ENSURING CONSISTENCY
BETWEEN THE FMC AND THE CITY’S GENERAL PLAN, WITH STATE LAW,

AND PROVIDE FOR A STREAMLINING OF THE PROCESS OF REVIEWING

ELIGIBLE HISTORIC RESOURCES BY PROVIDING DEVELOPMENT

STANDARDS THAT ARE RELEVANT TO CURRENT DEVELOPMENT

REGULATIONS, OBJECTIVE, EASY TO USE, FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND
INTRODUCE THE ORDINANCE AMENDING TITLE 18 (PLANNING AND ZONING) ATTACHED TO THIS REPORT AS EXHIBIT B;
AND

ADOPT THE RESOLUTION ATTACHED TO THIS REPORT AS EXHIBIT C, IMPLEMENTING PROGRAM 4 OF THE CITY’S 2023-2031 HOUSING ELEMENT

TO IDENTIFY OBJECTIVE DESIGN STANDARDS FOR MODIFYING ELIGIBLE

HISTORIC RESOURCES FOR SINGLE FAMILY AND TWO FAMILY
RESIDENTIAL DEVELOPMENT.

The motion carried by the following vote:

AYES: 7 – Basrai, Craig, Ezzy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0

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ABSENT: 0
RECUSE: 0

DISCUSSION ITEMS

MISCELLANEOUS ITEMS

Information from Commission and Staff:

• Information from staff, as reported by Planning Manager Joel Pullen:

o The next meeting is tentatively scheduled for January 23, 2025. o Reminder that t he annual Planning Commission Academy is scheduled for March 5 -7, 2025 in Santa Rosa, California.
o Election of Officers will be held during the first meeting in 2025.

• Actions from City Council Regular Meetings: None

• Information from Commission:

o Commissioner Yee encouraged his fellow Commissioners to attend the Planning Commission Academy in March.
o Chairperson Zhang publicly thanked staff and his fellow Commissioners for their support during his time as Chair.

ADJOURNMENT

Meeting adjourned at 9:30 p.m.

SUBMITTED and APPROVED BY:

Kim Salazar, Recording Clerk Joel Pullen, AICP, Secretary Planning Commission Planning Commission

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3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Development Project

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5337) DOC ID: 5337
Updated: 1/8/2025 8:35 PM by Susan Gauthier Page 1
PALISADE FREMONT BOULEVARD - Fremont Boulevard & Ice House Terrace - PLN2024-00080 – Public Hearing (Published Notice) To Consider a Proposed General Plan Amendment From Regional Commercial to Tech Industrial, Corresponding Rezoning from Commercial – Regional (C-R) to Tech Industrial (I- T), Discretionary Design Review, to Facilitate the Development of an Approximately 70,000-Square-Foot Industrial Building; and to Consider a Draft Negative Declaration Prepared and Circulated for the Project in Accordance With the Requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

Name: James Willis Joel Pullen
Title: Senior Planner Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4449 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: The applicant proposes to redevelop the 4.2-acre site with a new approximately 70,000-square-foot industrial building. To facilitate the project, a General Plan Amendment to redesignate the land use of the site from Regional Commercial to Tech Industrial, a corresponding Rezoning from Regional Commercial (C-R) to Tech Industrial (I-T), a Discretionary Design Review, and other land entitlement approvals have been requested.

BACKGROUND: The project site was formerly the home of Western Precooling, a company that provided services to agricultural uses in the area. The portion of the site that is vacant contained a warehouse building while the building along Fremont Boulevard contained the business offices. The private street, Ice House Terrace, was created in 1999 as part of the development of the adjacent commercial center containing a Home Depot store. The project site has been vacant for years. The Western Precooling warehouse building was torn down in the 1990s and the business office has been vacant since at least 2022.

The land use designation of the site was previously General Industrial but was redesignated and rezoned as part of the current General Plan adoption and conforming rezonings in 2011 and 2015, respectively, to Regional Commercial, though the site has remained vacant. In 2018, a proposal for a General Plan Amendment Screening to medium density residential (PLN2018-00118) was denied, and this is the first land use proposal submitted for the site since then.

On December 12, 2024, the Planning Commission held a public hearing to consider the proposed project. After receiving staff and applicant presentations and testimony from the public, the commissioners discussed the proposal and ultimately voted 7-0 to recommend approval of the project to the City Council.

DISCUSSION/ANALYSIS:

The applicant is proposing a General Plan Amendment, Rezoning, Discretionary Design Review, Lot Line Adjustment, and Summary Vacation of utility easements to facilitate

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construction of a new approximately 70,000-square-foot spec industrial building on a 4.2- acre site at the corner of Fremont Boulevard and Ice House Terrace. The easement vacation and lot line adjustment would be conditioned for further action by the appropriate approval authorities if the rest of the project is approved. The proposed General Plan Amendment to Tech Industrial would restore industrial land use to the site, albeit a narrower range of allowable uses than under its pre-2011 designation of General Industrial. The corresponding Rezoning request to Tech Industrial would effectuate development of the proposed project, which would be governed by the land use and development standards of the Tech Industrial (I-T) zoning district (FMC 18.50). The project would necessitate removal of an existing lot line and relocation of an existing public utility easement in a manner that would allow development of the proposed industrial building and its associated site improvements.

The site’s vacant building would be demolished and the site would be cleared to accommodate the new building, the site plan for which would include 107 vehicle parking stalls, 6 motorcycle stalls, short-term parking for 26 bicycles and long-term parking for 8 bicycles and associated circulation, landscaping, and stormwater treatment areas. The project’s industrial building would be designed to accommodate uses allowed in the Tech Industrial zone. The project’s building would be located at the center of the site with parking along the interior lot lines and a portion of Ice House Terrace away from Fremont Boulevard. The development would take access from a single driveway on Fremont boulevard and Ice House Terrace respectively. An existing joint access with the former REI property next door would remain.

General Plan Conformance
The subject property is currently designated Regional Commercial. To enable industrial development at the site, the applicant is proposing a General Plan Amendment to change the land use designation to Tech Industrial, which permits research and development across a range of industries, including ”clean technologies”, semi-conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities, as well as warehouse and distribution, e-commerce fulfillment, and manufacturing facilities. Staff supports the proposed General Plan Amendment because the proposal would be consistent with the following General Plan goals and policies:

Land Use Policy 2-1.11: Infill Emphasis – Focus new development on underutilized or “skipped over” sites that are already served by infrastructure and public streets. Strongly discourage, and where appropriate prohibit, the conversion of open space or underdeveloped land on the fringes of Fremont to urban uses.

Land Use Goal 2-2.1: Opportunity Areas for Growth and Change – Guide new growth and development to specific areas… include(ing) commercially and industrially zoned lands in the city with the potential to create job and housing opportunities while contributing to the city’s evolution into a more sustainable and pedestrian-oriented city.

Land Use Policy 2-3.6: 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.

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Land Use Policy 2-5.1: Land Supply and Job Growth – Maintain an industrial land supply that is adequate and suitable for the continued growth of the City’s core industries, including computer and communications manufacturing, biotechnology, green technology, logistics/distribution, and emerging technologies. The City should capitalize on its proximity to Silicon Valley, regional transportation facilities, and educated and skilled work force to create opportunities for job growth.

Analysis: The proposed project would redevelop a currently vacant site with an abandoned building and is located adjacent to a commercial shopping center and industrial uses. No activity has occurred on the site since at least 2022. Much of the site is undeveloped while a small office building fronts Fremont Boulevard with boarded windows and doors. The proposed development would be a new industrial building which would be compatible with the other industrial users along this portion of Fremont Boulevard, including Glacier Ice located across Ice House Terrace from the project site within the immediate vicinity. This would be achieved through quality site design and appropriate building scale. Conversion to the Tech Industrial designation and implementation of the proposed project would facilitate a significant investment in an underutilized developed in-fill site that would result in a more productive and efficient use of the land than current conditions allow, and create job growth in the City’s growing industrial sector and revenue sources for the City.

Mobility Goal 3-1: Complete Streets – City streets that serve multiple modes of transportation while enhancing Fremont’s appearance and character.

Mobility Goal 3-4.4: Mitigating Development Impacts – Require new development to mitigate its impacts on mobility conditions through traffic impact fees, street and intersection improvements, transportation demand management programs, and other measures.

Mobility Goal 3-6.6: Trucking and Land Use Compatibility – Generally discourage the location of businesses generating large amounts of truck traffic in areas where residential streets or land uses would be negatively impacted. In mixed use areas where businesses and residences are in close proximity, ingress and egress for truck traffic should be designed to minimize the potential for impacts on residences and neighborhood streets. The site plan review process should be used to ensure that businesses are designed to minimize the impact of truck traffic and delivery vehicles on through-traffic. Loading docks and delivery/service areas should be sited to the rear of buildings to minimize traffic disruption and maintain the visual quality of public streets.

Analysis: Development of the proposed project would include a roadway dedication on Fremont Boulevard to allow for improved pedestrian and bicycle facilities. The proposed project would be subject to development impact fees, including traffic impact fees, for the new building. The site is located within an industrial neighborhood on Fremont Boulevard south of Auto Mall Parkway. The nearest active use to the proposed project site is the Glacier Ice manufacturing facility across Ice House Terrace from the site. This facility is served by numerous trucks, as is the Home Depot within the adjacent commercial development. The proposed design would place the loading docks far from the commercial development and the most likely path for trucks accessing the site would be to utilize the driveway directly onto Fremont Boulevard and the joint access driveway off of Ice House Terrace across from the Glacier Ice truck facility. Ice House Terrace is a wide private street

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that is capable of safely accommodating truck traffic. The nearby commercial development has multiple access points which allows passenger vehicles to access that neighboring site without traveling through the proposed industrial development, which should avoid vehicular movement conflicts and Ice House Terrace is a relatively straight and wide roadway which would allow trucks and passenger vehicles to see far enough ahead to avoid potential conflicts during turning movements. The proposed design and truck routing has been reviewed by City Transportation Engineering staff.

Economic Development Policy 6-1.1: Increasing the Tax Base – Encourage economic development that generates sales tax, property tax, and other revenues that help sustain municipal services.

Economic Development Policy 6-1.4: Large Sales Tax and Employment Generators – In order to attract and retain businesses that generate large amounts of sales tax or number of jobs, incentives or special considerations should be provided to these businesses because of the significant economic benefit they provide to the City. These special considerations may include variations to development standards (e.g., floor area, parking, signage), wayfinding signage in the public right of way, expedited permit processing, or other considerations to facilitate attraction or retention of these businesses. A business providing such a sales tax benefit that would be eligible for such consideration(s) includes those that generate a minimum of one million dollars or more in annual revenue to the City (including sales tax, property tax, transit occupancy tax, and/or other applicable direct City revenue source) within three years after start of operations of the business.

Economic Development Policy 6-3.1: Diverse Industrial and Technology Uses – Provide for a variety of industrial uses to minimize the impact of industry-specific downturns on the local economy, to provide a range of job opportunities for local residents, and to provide opportunities for synergy between various industries.

Economic Development Policy 6-3.2: Attracting Emerging Growth Industries – Recruit and retain emerging growth (industries with significant employment and performance potential) industries in order to increase employment opportunities for a wide range of skill levels and salaries to meet current and future employment, with an emphasis on industries such as high tech, biotech and clean tech that seek to locate in Silicon Valley.

Analysis: The project site has been vacant for years. The Western Precooling warehouse building was torn down in the 1990s and the business office has been vacant since at least 2022. According to an economic analysis prepared by Strategic Economics (Informational 2) retained by the City, the trend towards customers purchasing goods online has hurt the site’s viability as a regional commercial center. A future large, regionally oriented shopping center at the site would need to compete with a substantial existing supply of retail serving customers from within the same regional trade area, further limiting the likelihood of a developer pursuing a regional retail destination at the site. The project site is also unlikely to attract demand for smaller, local-serving retail uses allowable under the current zoning.

The recent closure of the REI store next door demonstrates the challenge large retail tenants have in this location. Furthermore, the site lacks visibility from Auto Mall Parkway

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and has poor connections to existing residential uses, which is becoming increasingly important for retail centers.

Conversely, the City’s consultant noted the current high demand for industrial land in the City and the greater Bay Area, particularly for uses such as product distribution, last -mile strategic locations, and advanced manufacturing. This demand is contrasted by a low supply of available land and low vacancy rates for industrial / advanced manufacturing space in the City. The economic analysis highlights that the proposed project would be the best, most feasible use of the site, and further notes that the relative stability and strength of the industrial market would result in a high probability that the project remains financially viable for the developer in both the short- and long-term as well as increase economic development opportunities for the City. Per the consultant, new industrial space at the subject site would be well-positioned to attract a diverse set of businesses, including businesses engaged in advanced manufacturing, and warehouse and distribution activities.

The proposed project would be subject to development impact fees, after credits for the existing building and any other eligible credits for buildings demolished after the implementation of impact fees in Fremont. Under the current fee schedule, the project can be expected to pay development impact fees of over $103,000 in impact fees and over $406,000 in affordable housing linkage fees for a total of approximately $510,000 for a warehouse user and over $76,000 in development impact fees and over $406,000 in affordable housing linkage fees for a total of approximately $480,000 for a manufacturing user. Year one tax revenue would be anticipated to be $78,517 for a warehouse use and $82,131 for a manufacturing use. Total tax revenues to the City over 10 years would be over $783,000 for a warehouse and about $820,000 for a manufacturing use.

Additionally, the applicant has voluntarily pledged a community benefit of $100,000, payable to the City as a lump-sum upon issuance of the project building permit, to be used for a community initiative or program at the City’s discretion.

Zoning Regulations
The subject property is currently zoned Regional Commercial (C-R). The applicant is requesting a Rezoning of the site to Tech Industrial (I-T), to enable the construction of an industrial development consisting of approximately 70,000 square feet of floor area. In the I-T zoning district, industrial buildings over 0.35 FAR are limited to warehouse or manufacturing uses. As the applicant is proposing a building of 0.38 FAR, this limitation would apply.

The following table provides an overview of the project’s conformance with the development standards of the I-T zone:

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Though specific tenants for the proposed building are not known at this stage, contemplated project occupants include advanced manufacturing and/or warehousing, which are allowed in the I-T zoning district and allowed at the proposed FAR.

The following table provides an overview of the project’s conformance with the on-site parking requirements applicable to each building:

Standard I-T Zone
Requirement
(FMC Table

18.50.030)
Proposed Project Compliant
(Yes/No)
Minimum Lot Area 20,000 SF 181,487 square feet
Yes
Minimum Lot
Width
70 Feet 256 feet
Yes
Minimum Front
Setback
25 Feet (when
across the street
from non-
residential)
25 feet – 10 inches
Yes
Minimum Rear
Setback
None (when
adjacent to non-
residential)
80 feet
Yes
Minimum Side
Setback (interior)
None (when
adjacent to non-
residential)
84 feet
Yes
Minimum Side
Setback (Private
Street)
25’ from the right
of way line
43 feet
Yes
Maximum Building
Height
75 Feet 38 feet
Yes
Maximum Floor
Area Ratio (FAR)

0.35, except 0.45
for warehousing
and manufacturing
facilities

0.38 FAR
Yes

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As the table shows, all parking requirements for the proposed project would be met. Per FMC 18.183.130, credit is provided for motorcycle spaces and excess bike parking at a ratio of 2 motorcycle spaces counting as 1 vehicle space and 8 bicycle spaces counting as 1 vehicle space. Of the 107 total automobile parking stalls, 31 would be designed for electric vehicle use and equipped with charging stations in accordance with building code regulations. An additional 26 spaces would be pre-wired for EV charging but would not have the chargers themselves installed immediately.

Design Analysis
Site Planning:

The proposed project’s building is sited and oriented in such a way as to provide adequate setbacks from public streets and adjacent uses and conceal truck bays and related loading operations from public right-of-way view and view from neighboring properties. Project frontages would feature wide, heavily-planted landscape buffers to conceal the surface parking and drive aisle areas that wrap the rear and side of the building and provide a buffer between neighboring developments. Since trucking operations would be required to utilize Ice House Terrace for site ingress, drive aisles leading directly from the truck bays of the building would be 35 feet in width, wider than drive aisles elsewhere within the project that are primarily intended to serve as access to passenger vehicle parking for visitors to the building with a separate driveway off Ice House Terrace. The building would be oriented such that the main entry area would be located on Ice House Terrace, and its truck bays and loading areas, and trash enclosures would be screened from view by either the building itself or landscape treatments and located far away from Ice House Terrace and Fremont Blvd. City Transportation Engineering staff have reviewed the proposed truck turning templates and have accepted the design as configured. The length and width of Ice House Standard Requirement
(FMC Chapter 18.183)
Proposed Project Compliant
(Yes/No)
Minimum
Automobile
Parking Stall
Count
Warehouse/Manufacturing:
5 per 1,000 square feet of
office area and similar
activities plus 1.25 per KSF
other indoor areas,
minimum of 1.6 per KSF
average overall
(112 spaces required)
107 Vehicle parking spaces.
6 Motorcycle spaces (2
motorcycle spaces counts as
1 vehicle space)
16 Bike parking in addition
to minimum required (8
bicycle counts as 1 vehicle
space)
Total vehicle spaces and
equivalent: 112 spaces

Yes
Maximum
Compact Parking
Stall Count
35% of total 34% of total vehicle spaces
required
(38 stalls)
Yes
Minimum Bicycle
Parking, Short-
Term
4 + 5% of the total
required vehicle parking
spaces
(10 spaces required)
26 spaces
(16 more than required)
Yes
Minimum Bicycle
Parking, Long-
Term
1 + 5% of the total
required vehicle parking
spaces
(7 spaces required)
8 spaces Yes

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Terrace would allow vehicles to see each other from far enough away to allow for truck turning movements to be made safely.

Architecture:

The proposed project’s building would feature a high-quality, contemporary industrial aesthetic. The building design has been enhanced through the project’s multi-round staff- level review process. The concrete tilt-up paneled building would feature increased articulation and double-height glazing at the location of interior lobby and office space on Ice House Terrace and convey a sense of openness and invitation. Various locations on the building’s Ice House Terrace frontage would also feature glazing from the ground to the roof. At the corner of Ice House Terrace and Fremont Boulevard, the glazing would be on the upper level of the building with a decorative awning wrapping the corner. Building facades feature changes in plane to create relief and shadow lines, and bands of clerestory glass, color accents, and vertical sections of roofline variation add additional interest to the building. Building architecture has been found consistent with the applicable provisions of the Citywide Design Guidelines for non-residential building design.

Access/Circulation:

The project would take its access via two driveways along Ice House Terrace, one driveway for passenger vehicles only and one existing shared accessway for trucks entering the site.

A driveway on Fremont Boulevard would serve trucks leaving the site as well as employee passenger vehicles. Emergency vehicle and truck turn template overlays applied to the proposed site plan have been reviewed by Fire Department, Environmental Services, and Transportation Division staff and deemed consistent with City standards.

An Emergency Vehicle Access Easement would encircle the building, and Fire Department staff have verified that the necessary quantity of access points to the site have been provided.

Street improvements along Fremont Boulevard would include a dedication of frontage which would allow for a new sidewalk and planter strip where a monolithic curb and sidewalk exists now.

Tree Removal/Replacement:

There are currently a total of 34 trees on the project site that are subject to the City’s Tree Preservation Ordinance (FMC 18.215). The project proposes to remove 31 protected trees from the project site. These trees slated for removal are located within the footprint of the building or within the proposed drive aisles or other required improvements. An arborist report prepared for the project analyzed the trees and identified trees that were healthy enough for preservation and not impacting the proposed development. City landscape architecture review staff reviewed the proposed tree removal plan and determined that the removal of the selected trees was reasonable to allow development of the site.

The project proposes to plant 25 trees as mitigation trees, that is, trees in addition to those required street trees and parking lot trees. The difference in the number of trees removed to mitigation trees planted would necessitate payment of a tree mitigation fee to the city for each protected tree removed and not mitigated on-site with a new tree. This fee would go to the City’s urban forestry fund to pay for additional tree plantings elsewhere in the City.

Overall, the project proposes planting 77 new trees at the site. Tree locations, quantities,

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and species have been deemed suitable and sufficient for the project by the City’s landscape architecture review staff.

Grading/Drainage:

The project site is generally level. Project grading activities would consist of preparing the site to accommodate the building pad and parking lots with a level fine grade. The project engineer estimates cuts and fills of 2 feet to 5 feet from the existing grade to achieve pad grading and drainage, with a net of 100 cubic yards of cut exported from the site.

The Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (MRP) requires all new and redevelopment projects to incorporate measures to prevent pollutants from being conveyed in stormwater runoff and into the public storm drain system. This project would be required to comply with the MRP by incorporating source controls and treatment measures into the project design. The proposed stormwater treatment would be nine bioretention basins constructed around the building to treat stormwater runoff from impervious surfaces throughout the site.

Lot Line Adjustment: The project site currently has a property line traveling through the center of the site on a roughly north-south direction. In order to construct the proposed building, this lot line would need to be removed. The proposed lot line adjustment would not modify the exterior lot lines that bound the project site. No variance would be required from City development standards as part of the lot line adjustment and the site would continue to be served by existing and upgraded utilities. Lot line adjustments are processed as a separate instrument by the Planning Manager. A condition of approval would require the lot line adjustment to be recorded prior to the issuance of a building permit.

Summary Vacation: A ten-foot-wide public utility easement meanders through the site under the proposed footprint of the building. The applicant has requested a summary vacation of the easement to remove it from the site. The City sent notices to utility companies and agencies. No utility company or agency has objected to the summary vacation or reported that the easement contains their infrastructure. For this reason, the project can propose to vacate the easement via a summary vacation, a streamlined process to vacate easements that are not being utilized. A condition of approval would require the vacation of the easement to be completed prior to the issuance of a building permit.

Public Improvements:

Improvements to the public rights-of-way adjacent to the project site would include a number of dedications and other exactions required by code and conditions of approval in order to offset the capital improvements to public infrastructure necessary to support the project. A street dedication along Fremont Boulevard would allow a wider sidewalk separated from the vehicle traffic lanes by a planter strip. Utilities in front of the site would be undergrounded along Fremont Boulevard. An existing public utility easement that travels diagonally through the project site would be vacated and relocated to the perimeter of the site to allow for construction of the proposed building. Other private easements through the site would be similarly relocated by working with the easement rights holders. Those easements would need to be relocated prior to building permit issuance.

Findings for APPROVAL
In order to approve the proposed project, it must be found to be consistent with the General Plan, Zoning Ordinance, and Subdivision Regulations. Based upon the above analysis, staff

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finds the proposed project would be in conformance with applicable standards and regulations and recommends approval of the following findings:

General Plan Amendment and Rezoning:

Pursuant to FMC Section 18.225.050, the City Council may approve or approve with modifications of a proposed General Plan Amendment and Rezoning only when the following findings can be made:

(a) The proposed amendment is consistent with the general plan and, where the amendment is to the text of the general plan, it is consistent with the other policies and chapters; and

(b) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed General Plan Amendment to designate the project site Tech Industrial will establish industrial land use allowances after a prior land use designation change from industrial to Regional Commercial failed over a period of approximately 10 years to result in the envisioned site development. A land use change to Tech Industrial will facilitate a substantial investment in the site consisting of a new approximately 70,000 - square-foot warehouse/manufacturing building that will improve what’s currently a blighted, skipped-over urban site with a development that’s compatible in use and scale with surrounding uses. The project will improve the site’s visual character and will support City innovation goals and enhance its strong industrial base, providing significant jobs and tax revenues. Public improvements such as fully redeveloped sidewalks and an applicant pledge of a $100,000 community benefit for unconditional use on community initiatives and/or programs will further the City welfare and interests.

The corresponding rezoning from Regional Commercial to the proposed Tech Industrial designation, which supports and recognizes the essential role in the Silicon Valley economy and the high volume of business-to-business sales tax to the City that flexible industrial developments, such as the proposed project, contribute. Additionally, the proposed rezoning will improve a vacant, long-blighted site that is not well positioned to attract new local- or regional-serving retail-commercial development, as evidenced by the lack of site development since adoption of the current retail-commercial Regional Commercial zoning designation nearly 10 years ago and exacerbated by other factors such as the rise of e- commerce and the presence of established regional shopping venues in close proximity to the site, namely Pacific Commons and Downtown Fremont.

Discretionary Design Review:

Pursuant to FMC 18.235.060, the City Council may approve, conditionally approve, or deny an application for discretionary design review. The approval authority shall approve or conditionally approve an application for discretionary design review only when all of the following findings can be made:

(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;

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Analysis: The proposed General Plan Amendment to designate the project site Tech Industrial will establish industrial land use allowances. The rezoning from Regional Commercial to the proposed Tech Industrial designation, would establish industrial development standards consistent with the Tech Industrial zoning designation. As described in the staff report, the proposed project would conform to the Tech Industrial development standards and the Citywide Design Guidelines.

(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 consistent with the Citywide Design Guidelines 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 nonmultifamily 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;

Analysis: As described in the staff report, the proposed project would not unreasonably interfere with the use and enjoyment of adjacent development nor would it be detrimental to the public health, safety, or welfare. The project site is located within an industrial area with industrial neighbors to the north, south, and west of the project site. The Ice House Terrace private street is primarily utilized by vehicles visiting the Glacier Ice factory and the nearby Home Depot. City transportation engineers have reviewed the project’s truck turning templates and found the truck routes into and out of the site to be adequate. The truck docks would be located away from the nearby commercial users and would be recessed into the building providing screening from Fremont Boulevard. The project site contains sufficient parking for the potential uses under the Fremont Municipal Code. The project would be subject to City standard requirements related to noise, odors, vibration, and lighting.

Improved pedestrian facilities along Fremont Boulevard and new landscaping would enhance the site overall.

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) Development project plans currently filed for the lot indicate that it is necessary to damage, remove, or relocate the trees to
enable reasonable and conforming use of the property or to achieve a superior project; and the trees cannot be preserved or left undamaged by a reasonably required redesign of the project.

Analysis: The project had an arborist report prepared which identified trees that would need to be removed to allow development of the site. The species, diameter, and health of each tree on the site was documented. Those trees slated for removal were either within the

5.B
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footprint of development or were not good candidates to preserve. The proposed project would include substantial landscaping, including planting new trees throughout the site.

In addition, these findings would need to be made by the appropriate approval authority at the time these deferred entitlements are approved.

Lot Line Adjustment:

Pursuant to FMC 17.20.510, the Planning Manager may approve a lot line adjustment when he/she finds that:

(a) The lot line adjustment does not violate existing codes and policies; and

(b) The lot line adjustment will not create difficult or unreasonable access to the parcels; and

(c) The lot line adjustment would not require variances to permit standard development; and

(d) Utilities and public services can be provided to the revised parcels; and

(e) No street dedications or improvements are required.

Analysis: The proposed lot line adjustment would remove a lot line that travels through the center of the site on a roughly north-south direction. The adjustment would not create difficult or unreasonable access to the resulting parcel nor would it require variances to be approved. The site is currently served by all necessary utilities which would remain unchanged after the lot line adjustment. No street dedications or improvements are required as a result of the proposed lot line adjustment. A condition of approval would require the applicant to complete the lot line adjustment process prior to the issuance of a building permit.

Summary Vacation:

California Streets and Highways Code §8333(a) allows summary vacation of public service easements when “[t]he easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.” The proposed vacation meets these criterions because the easement has not been used by any agency and no facilities are located within the easement boundaries.

FISCAL IMPACT: The project would be subject to citywide Development Impact Fees, including fees for fire protection, capital facilities, and traffic facilities. The project would also be subject to the affordable housing fees applicable to non-residential development. All applicable fees would be calculated and paid at the fee rates in effect at the time of building permit issuance. The applicant may elect to defer payment of the fees in accordance with the City’s Impact Fee Deferral Program.

Additionally, the applicant has pledged a $100,000 community benefit payment in conjunction with the requested General Plan Amendment.

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ENVIRONMENTAL REVIEW: An Initial Study was commissioned for this project by the City and prepared by consulting firm LSA in accordance with CEQA (see Informational Item #1). The analysis was informed by a number of technical studies that were peer reviewed by LSA. These studies include air quality and greenhouse gases, biological resources, cultural resources, geotechnical analysis, a phase I environmental analysis, and a transportation study. The Initial Study demonstrated that the project would not have a significant impact on the environment under CEQA.

As such, a Draft Negative Declaration was prepared and circulated for public review in accordance with the requirements of CEQA (see Exhibit “A”). A comment letter from the Alameda County Water District (ACWD) was received on December 3, 2024 (enclosed as Informational 5). Comments contained in the letter are related to ACWD’s recommended clarifications for the circulated Draft Initial Study, applicable development standards and policies for the project, and past industrial use of the site.

The site previously contained leaking underground storage tanks (LUST) that were removed under the oversight of the Regional Water Quality Control Board and ACWD, and these agencies issued a no-further-action letter. ACWD recommends, however, that the site’s past industrial use be considered during development of a soil management plan (SMP) that is implemented during the construction of the project to address the potential discovery of soil contaminants. The applicant has reviewed ACWD’s comments, which they have agreed to satisfy during the building permit review process and implement during construction. The SMP will be prepared and approved by the City and ACWD in accordance with Fremont Municipal Code Section FMC 18.218.050 [Standard development requirements for resource protection] prior to building permit issuance. Accordingly, no special mitigation measures are required to address the comments because the City’s Ordinance and the recommended conditions of approval for the project clarify the applicability of this section to the project have been included in Exhibit F, which staff has met and shared with ACWD.

A memorandum has been prepared by LSA to document ACWD’s comments, comment responses, and changes and/or corrections made to the Draft Initial Study/Negative Declaration (enclosed as Informational 6). ACWD has indicated that the responses to their comments are satisfactory and have provided no further comments.

ATTACHMENTS:
• Exhibit A - Draft Neg Dec
• Exhibit B - General Plan Amendment Draft Resolution
• Exhibit B - GPA Draft Resolution Attachment 1
• Exhibit C - Rezoning Draft Ordinance
• Exhibit C - Rezoning Draft Ordinance Attachment 1
• Exhibit D - Project Plans
• Exhibit E - LLA Plats and Calcs
• Exhibit F - Findings Conditions of Approval
• Informational 1 - Palisade Fremont Blvd Initial Study • Informational 2 - Palisade Fremont Boulevard Economic Analysis • Informational 3 - Project Renderings

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• Informational 4 - Public Correspondence
• Informational 5 - ACWD Comments December 3, 2024
• Informational 6 - Palisade Fremont Blvd IS-ND RTC Errata Memo 12.5.24 • Informational 7 - Planning Commission Staff Report
• Informational 8 - Draft Planning Commission Minutes 12-12-2024

RECOMMENDATIONS:

1. Hold public hearing;

2. Find, in accordance with CEQA Guidelines Section 15074 that it has considered the Negative Declaration as shown in Exhibit “A” together with any comments received during the public review process, that is was prepared in accordance with the requirements of CEQA, that there is no substantial evidence that the project will have a significant effect on the environment, and that this action reflects the independent judgment and analysis of the City of Fremont;

3. Find that the General Plan Amendment conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest ;

4. Find the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use, Mobility, and Economic Development Chapters of the General Plan as enumerated in the staff report;

5. Find that the project plans as shown in Exhibit “D” fulfill the applicable requirements set forth in the Fremont Municipal Code;

6. Adopt a resolution approving a General Plan Amendment to change the land use designation from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”

7. Introduce an ordinance rezoning the project site from Regional Commercial (C-R) to Tech Industrial (I-T) based upon the findings and subject to the conditions of approval set forth in Exhibit “F;”

8. Direct staff to prepare and the City Clerk to publish a summary of the resolution and ordinance.

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