Exhibit “F”
Findings and Conditions of Approval for PLN2024-00080, Palisade Fremont Boulevard General Plan Amendment, Rezoning, Discretionary Design Review, Lot Line Adjustment, Public Utility Easement Vacation, and Environmental Impact Assessment Fremont Boulevard and Ice House Terrace (APNs 525-1390-9 & 525-1390-10)
I. FINDINGS
The findings below are made on the basis of information presented at the public hearing and contained in the report to the City Council, dated January 14, 2025, incorporated hereby.
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;
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 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.
Easement 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.
II. CONDITIONS OF APPROVAL
General Conditions:
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “D” (Preliminary and Precise Planned District Plans) and is subject to compliance with all conditions of approval set forth herein.
A-2. Minor Modifications to Approved Plans. Minor modifications to the approved plans may be made, subject to review and approval of the Planning Manager and/or City Engineer.
Minor modifications to building elevations and footprints that support a superior project design may be made, subject to review and approval of the Planning Manager and City Engineer. The Planning Manager and City Engineer shall retain the authority to determine the level of review required (i.e., depending on the severity or location of the modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval).
A-3. Lot Line Adjustment. The approved lot line adjustment shall be recorded prior to the issuance of a building permit.
A-4. Addressing. An application shall be submitted to the City’s GIS Division for approval of the addressing for the development prior to building permit issuance . Building addresses
shall be plainly legible and visible from the public street. These numbers shall contrast with their background.
A-5. Development Impact Fees. The project shall be subject to Citywide Development Impact Fees. These fees include fees for fire protection services, capital facilities, and traffic facilities. The fees shall be calculated at the rate in effect at the time of building permit issuance.
A-6. Affordable Housing Fees. The project shall be subject to applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.15 6), as set by the fee resolution in effect at the time of building permit issuance.
A-7. Expiration. Approval of the project entitlements shall expire twenty -four (24) months after the date of approval in accordance with the provisions of the Fremont Municipal Code.
A-8. Standard Development Requirements. The project shall be subject to the standard development requirements to address resource protection (FMC Section 18.218.050).
A-9. Industrial Performance Standards . The project shall be subject to the performance standards applicable to development within an industrial zoning district (FMC Section
18.50.040).
A-10. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. The City shall have the right, in its discretion, to approve separate legal counsel providing the City's defense. The applicant shall reimburse City for any attorneys' fees, costs and expenses directly and necessarily incurred by the City in the course of such defense. Applicant agrees that City will forward monthly invoices to Applicant for attorneys' fees, costs and expenses it has incurred related to its defense of any Action and applicant agrees to timely payment within thirty (30) days of receipt of the invoice. Within fourteen (14) days of an Action being filed, applicant agrees to post adequate security or a cash deposit with City in an amount to cover the City's estimated attorneys' fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City's invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with applicant in the defense of any Action. Nothing in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
Planning Conditions:
B-1. Community Benefits Payment. The applicant shall make a community benefits contribution to the City in the amount of $ 100,000.00, payable in a lump sum upon the issuance of the first building permit for the project.
B-2. Final Colors and Materials Approval . The final colors and materials palette for the project shall be subject to review and approval to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
B-3. Site and Building Signage. Site and building signage shall be subject to approval of a Master Sign Program. In addition to signage for the individual buildings, monument gateway/entry signs shall be included in the proposed Master Sign Program.
B-4. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. The lighting plan should be designed to meet Illuminating Engineering Society of North America (IESNA) standards. All lighting shall be consistent with the architectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid substantial light or glare that may have an impact on day or nighttime views in the area. All wall lighting fixtures or sconces shall be of high quality, decorative lighting fixtures with concealed lighting elements. Sufficient security lighting shall be installed within commons areas, parking areas, and walkways , subject to the review and approval of Planning Manager or designee, prior to issuance of a building permit.
B-5. Screening of Rooftop Equipment. The developer shall submit building permit plan s that include r ooftop screening elements for all HVAC and mechanical units and associated appurtenances. The type of screening material s selected for rooftop mechanical equipment shall demonstrate sufficient screening and achieve consistency with the architectural design of the buildings to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
Landscape Conditions:
C-1. WELO. The applicant shall work with staff to revise the WELO calculations to conform to the WELO standards
C-2. Backflow Devices and Other Above-Ground Utilities. Backflow devices, utility meters and all other above -ground utilities located exterior of project buildings shall be screened with a continuous evergreen (non -seasonal) hedge, minimum five -gallon size and three - foot minimum height or otherwise concealed from public view to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
C-3. Tree Planting Clearances. All tree planting areas shall be free of all utility structures and other built features, consistent with the spacing requirements defined in Landscape Standard Details (LSDs) 5 and 6.
Transportation Conditions:
D-1. Signage and Striping Plans . On-site and off -site signing and striping plans must be approved by the Director of Public Works Department or designee prior to issuance of building permits. The signing and striping plans must include a general note stating that “All signing and striping shall conform to the latest CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fremont Standard Details.”
D-2. Sight Distance. Driveway and vehicle accessway design must satisfy adequate sight distances including pedestrian visibility. Design shall satisfy adequate sight distances for vehicles circulating within and entering and exiting the site.
D-3. Bicycle Parking. The number of bicycle parking spaces shall conform to FMC 18.183.135 “Required Bicycle Parking,” per Fremont Municipal Code, or the latest California Green Building Standards Code, whichever is more stringent. The location of bicycle parking facilities within the project site, spacing, and required pedestrian walkway clearances adjacent to the bicycle parking spaces are subject to review and approval by the Public Works Director or designee, prior to issuance of a building permit.
Engineering Conditions:
CONDITIONS TO BE SATISFIED PRIOR TO BUILDING PERMIT APPROVAL E-1. Improvement Agreement . The public improvements conditioned as part of this entitlement requires the execution of an Improvement Agreement that guarantees the completion of the public street improvements to the satisfaction of the Director of Public Works. The Improvement Agreement shall be fully executed prior to building permit issuance. The Improvement Agreement includes engineered plans prepared by the applicant’s consultant, reviewed and approved by the City, surety (Faithful Performance, Labor and Material and Warranty) and insurance. An encroachment permit is required for all work in the public right of way.
E-2. Street Improvements.
a. Developer shall be responsible to remove and replace curb, gutter, and sidewalk that is broken, uplifted and/or damaged during construction along the project frontages.
b. Developer shall construct 11 -ft. curb, gutter, and sidewalk per City of Fremont Standard Detail SD-3 along the project frontage on Fremont Boulevard. c. Developer shall construct driveways, curb, gutter, and sidewalk along Ice House Terrace to current City of Fremont Standard Details & Specifications. d. Developer shall construct storm drain inlet(s) or maintenance holes to current City of Fremont Standards and Specifications. All storm drain pipes shall be a minimum of 15-inches within the public right of way.
e. All construction within the City of Fremont right -of-way shall conform to current City Standards and Specifications. An encroachment permit is required to perform work within the public right -of-way, including placement of dumpsters and construction materials.
f. Dedication and improvement of the public streets shall be done to the satisfaction of the Director of Public Works. Improvements shall include but are not limited to the following: curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, joint trench facilities, signing and striping, and accessible ramps. g. Developer shall install an accessible ramp at the south corner of Ice House Terrace and Fremont Blvd.
h. Developer shall be required grind and overlay Fremont Boulevard. in accordance with the City of Fremont “Street Cutting Policy – Multiple Cuts within One Block.”
E-3. Dedication of Right -of-Way and Construction of Street Improvements . Developer shall dedicate the right -of-way on Fremont Boulevard along the project frontage (width varies 0-3 ft.) as shown on Exhibit “D” prior to building permit issuance. Improvements shall include but are not limited to the following: curb and gutter, concrete sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, sewer and storm drainage facilities, joint trench facilities, signing and striping and accessible ramps.
E-4. Public Service Easement . Developer shall dedicate a public service easement along Fremont Boulevard behind the sidewalk as shown on Exhibit “D” to the satisfaction of the Director of Public Works prior to building permit issuance. Project entry and monument signs, bioretention areas, and walls shall not be located within the easement.
E-5. Private Street Improvements . The developer shall design and construct the private street improvements in accordance with public street standards. Developer shall construct 11-ft. curb, gutter, and sidewalk per City of Fremont Standard Detail SD -3 along the project frontage on Ice House Terrace.
E-6. Grading and Geology:
a. Coverage Under Statewide Construction General Permit . Projects involving land disturbance of one acre or more are required to obtain coverage under the “Construction General Permit” (NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities). The applicant must file a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB), prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), and obtain a Waste Discharge Identification number (WDID). A copy of the NOI must be submitted to the City’s Project Engineer prior to issuance of development permits (including demolition, grading, and building permits).
Flood: Zone X . Most of the project site is not within a designated Federal Emergency Management Agency (FEMA) 100 -year floodplain. Flood Zone X (Shaded) is an area of moderate or minimal flood hazards. There are no City floodplain requirements for Zone X (Shaded).
E-7. Stormwater Treatment and Flow Control Facilities . The Project is required to implement post -construction measures to minimize stormwater pollutant discharges and increases in peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of this entitlement approval is approved in concept only; the Final Stormwater Management Plan must contain/address all elements of the Final Stormwater Management Plan Checklist (available at
https://www.fremont.gov/government/departments/environmental-services/stormwater- permit). Developer is required to submit engineered plans, details and calculations that demonstrate compliance with Provision C.3 of the Municipal Regional Permit. Developer is required to submit a revised BAHM report.
E-8. Stormwater Treatment Measures Maintenance Agreement . The project is required to submit a Stormwater Treatment Measures Maintenance Agreement (aka O&M Agreement) for review and approval concurrent with the application for building permits. Template documents and instructions for completing the O&M Agreement may be found at https://www.fremont.gov/government/departments/environmental-services/stormwater- permit. Submittal of an approved, executed O&M Agreement is required prior to building permit issuance.
E-9. Storm. Developer is required to submit a hydrology map and hydraulic calculations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15-year recurrence interval for primary facilities and 10 -year recurrence interval for secondary facilities in accordance with the Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run -off from the project site. Off -site construction of storm drainage facilities to mitigate projected flows may be required.
E-10. Public Utility Easement Vacation . A public utility easement vacation is required to accomplish the land use plan as shown on Exhibit “D”. Vacation of this easement can be done by separate instrument prior to building permit issuance. Final review of plat and legal description will be conducted by City Surveyor prior to recordation.
E-11. Quitclaim of Private Easements . Developer shall cause to quitclaim all existing private easements within the boundaries of the proposed project. Developer shall quitclaim private easements by separate instrument and a copy of the recorded quitclaims shall be provided prior to building permit issuance. Developer shall provide a Title Guarantee.
E-12. Undergrounding. Developer is required to complete the underground conversion of existing overhead utilities along the project frontage on Fremont Boulevard in accordance with Chapter 12.35 of the Fremont Municipal Code. All new utility service connections, including electrical and communications, shall be installed underground.
E-13. Demolition of Existing building(s). Developer shall demolish existing structures on the project site.
E-14. Referrals. Prior to building permit issuance, the developer shall refer the project to the following agencies for approvals: Alameda County Water District (ACWD); Union Sanitation District (USD); Pacific Gas and Electric (PG&E) and Alameda County Flood Control & Water Conservation District (ACFC&WCD).
Fire Safety Conditions:
F-1. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be required for the common Fire Department access roadway s. A copy of the recorded easement maybe requested by the Fire Department to the satisfaction of the Fire Marshall or designee, prior to issuance of a building permit.
Stormwater Conditions:
G-1. Stormwater Management Plan . The Project is required to implement post -construction measures to minimize stormwater pollutant discharges and increases in peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of the tentative map approval is approved in concept only. Approval of a final Stormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to the provision of necessary plans, details, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit.
G-2. Bioretention Area Locations . The project shall revise bioretention area locations as needed so that they are not located/straddled onto multiple parcels. If relocating locations of treatment is unavoidable, the project shall enter into multiple O&M agreements or a shared maintenance agreement to ensure that the treatment measures operate and are maintained in perpetuity.
G-3. Bubble-up Systems. The applicant shall continue to work with Environmental Services staff to reduce and or remove bubble -up systems from the conceptual stormwater management plan. Alternatively, size modifications that would result in drainage within 72 hours, or control measures to alleviate potential vector control issues (such as through a closed system), can be used.
G-4. Operations and Maintenance Agreement . A Stormwater Management Measures Operations and Maintenance Agreement (aka O&M Agreement) shall be submitted for review and approval as part of the project’s initial building permit application package.
Building permits for project buildings shall be subject to O&M Agreement execution.
Building Safety:
H-1. Building Code. Project shall meet current building code (at the time of building permit application) At this time CBC 2022 code are applicable code requirements and starting January 1, 2026 – CBC 2025 will be enforced.
Environmental Services – Waste Management:
I-1. Garbage and Recycling Requirements. Garbage and recycling requirements are explained in the Fremont Waste Handling Guidelines document, available at:
www.fremont.gov/whg.
I-2. Collection Service. Weekly garbage, recycling and organics collection services are required for all commercial and residential properties and are provided by Republic Services on an exclusive basis.
I-3. Collection. Applicant shall ensure adequate, accessible and convenient areas for collecting and loading of materials by garbage and recycling trucks are maintained.
END OF CONDITIONS
APPLICANT PLEASE NOTE:
The fees, dedications, reservations and/or other exactions imposed on this project are those listed in the foregoing conditions of approval. Any fee, dedication, reservation or other exaction is deemed imposed on the date of this approval. The applicant is hereby notified that the 90 -day period in which the applicant may protest these fees, dedications, reservations and other exactions pursuant to Government Code Section 66020(a) begins on the date they are imposed. If the applicant fails to file a protest within this 90 -day period complying with all the requirements of Government Code Section 66020, the applicant shall be legally barred from later challenging such actions.