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
Minutes Planning Commission – December 12, 2024 PAGE 2
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
Minutes Planning Commission – December 12, 2024 PAGE 3
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.
Minutes Planning Commission – December 12, 2024 PAGE 4
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
Minutes Planning Commission – December 12, 2024 PAGE 5
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:
Minutes Planning Commission – December 12, 2024 PAGE 6
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.
Minutes Planning Commission – December 12, 2024 PAGE 7
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
Minutes Planning Commission – December 12, 2024 PAGE 8
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