Fremont City Council Meeting: 03/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5381) DOC ID: 5381
Updated: 3/13/2025 2:56 PM by Dina Lewis Page 1
2024 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN AND HOUSING ELEMENT (PLN2025-00145) - Public Hearing (Published Notice) to consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider a finding that the annual report is exempt from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
Contact Persons:
Name: Winnie Mui Mark Hungerford
Title: Associate Planner Senior Planner
Div/Dept: Planning Planning
Phone: 510-494-4453 510-494-4541
E-Mail: [email protected] [email protected]
Executive Summary: Government Code §65400 et seq. (Administration of General Plan) requires local jurisdictions to provide an Annual Progress Report (APR) on the status of the General Plan and progress towards implementing the Housing Element to the Governor’s Office of Land Use and Climate Innovation (LCI) and State Department of Housing and Community Development (HCD). The City of Fremont’s Calendar Year (CY) 2024 APR is included as Exhibit “A” (General Plan APR) and Exhibit “B” (Housing Element APR Tables). This Staff Report provides additional context to the APR and is organized into the following sections:
A. Progress towards meeting the City’s Regional Housing Needs Allocation (RHNA).
B. Status of Housing Element actions and programs.
C. Additional annual reporting requirements.
D. Status of General Plan activities.
The period covered in this report is January 1 to December 31, 2024. This report reflects the accomplishments for the second year of the 2023 – 2031 Housing Element.
BACKGROUND: The City Council adopted a comprehensive General Plan update in December 2011. On January 10, 2023, the City Council adopted Fremont’s sixth cycle Housing Element, which covers the 2023-2031 planning period. HCD certified the City’s sixth cycle Housing Element on March 22, 2023. The City submitted an APR to LCI and HCD every year for the fifth cycle Housing Element planning period (2015-2023) and for the first year of the sixth cycle Housing Element planning period (2023-2031). As required under State law, Staff will submit the 2024 APR to LCI and HCD for the current cycle Housing Element.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 2
Planning Commission Hearing
On February 27, 2025, the Planning Commission considered the APR and voted 7—0 to recommend that the City Council direct Staff to submit the APR to LCI and HCD. The subject item had one public speaker who advocated for increased housing production and spoke generally about the City’s progress towards achieving its assigned Regional Housing Need Allocation (RHNA) target.
DISCUSSION/ANALYSIS: The City of Fremont’s CY 2024 APR is included as Exhibit “A” (General Plan APR) and Exhibit “B” (Housing Element APR Tables). The Housing Element APR Tables are prepared on standard forms provided by HCD and include all data required to be reported under Government Code §65400. Following review by the Planning Commission and City Council, Staff will submit the City’s CY 2024 APR to LCI and HCD.
Under State law, the CY 2024 APR must be submitted to LCI and HCD on or before April 1, 2025.
The CY 2024 APR is the second APR for the 2023-2031 planning period.
A) Progress Towards Meeting the City’s RHNA
The State of California periodically provides population growth and housing need estimates to each regional Council of Governments. The Association of Bay Area Governments (ABAG), which is the regional Council of Governments in the Bay Area, is then charged with distributing the regional housing need to jurisdictions and counties within the ABAG region.
Each city’s needs are further categorized by income category. The goal of the RHNA process is to ensure that local General Plans can accommodate projected future household growth for all income levels in each jurisdiction. Housing production across all income levels is needed to address California’s existing challenges regarding housing supply and affordability.
Table 1 identifies the City’s RHNA for the 2023-2031 planning period. Fremont’s Housing Element is required to demonstrate an ability to accommodate the City’s RHNA at the various income levels through vacant or underutilized land designated to allow residential development and housing production.
Table 1. 2023 – 2031 RHNA by Income Category
Income Category Percentage of Area Median Income (AMI) RHNA Very Low 30 – 50% of AMI 3,640 (28%)
Low1 50 – 80% of AMI 2,096 (16%)
Moderate 80 – 120% of AMI 1,996 (16%)
Above Moderate 120%+ of AMI 5,165 (40%)
Total 12,897 (100%)
Source: Regional Housing Need Plan-San Francisco Bay Area 2023-2031, ABAG.
1 The term may also be used to mean 0% to 80% of AMI.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 3
Table 2 contains the number of building permits the City issued for new housing units during the second year of the sixth-cycle planning period, which spans from January 31, 2023 to January 31, 2031. For more detail, please refer to Table B in attachment Exhibit “B” (Housing Element APR Tables).
Table 2. Building Permits Issued and Progress Towards RHNA Income
Category RHNA
Projection
Period2
2023
2024
2025
2026
2027
2028
2029
2030
2031
Total
Units to
Date
Total
Remaining
RHNA
Very Low3 3,640 3 43 40 86 3,554
Low4 2,096 28 103 40 171 1,925
Moderate 1,996 34 23 40 97 1,899
Above
Moderate 5,165 338 165 74 577 4,588
Total 12,897 403 334 194 931 11,966
Total Housing Production
In 2024, a total of 194 new housing units received building permits, which makes up approximately 1.62 percent of the City’s total RHNA target. Most of the building permits consisted of accessory dwelling units (ADUs), which made up nearly 69-percent (133 units) of the total issued permits. The remaining balance of the units included: 1) Niles Henkel Gateway (35 units) in the Niles Community Plan Area; 2) Metro West Victoria Station (15 units) in the Warm Springs Community Plan Area; and 3) new single-family residences (11 units).
The 194 new units permitted in 2024 represents a decline from 2023, when the City issued permits for 334 units. Potential factors for the decrease include high interest rates as well as high material prices and labor costs.
Affordable Housing Production
In 2024, several affordable housing projects were submitted, which would result in 687 new affordable housing units (124 very low-income units, 557 low-income units, and 6 moderate-income units) once approved. The following table provides information on housing development projects containing affordable units that were submitted in the reporting year (2024).
2 The “projection period” spanned from June 30, 2022 to January 31, 2023. 3 Units serving extremely low income households are included in the totals for very low income.
4 The term may also be used to mean 0% to 80% of AMI.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 4
Table 3. 2024 Submitted – Affordable Housing Development Units
Project Name Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Total
Warm Springs Apartments5
(PLN2024-00151) - 240 - - 240
Centerville Plaza Apartments6
(PLN2024-00184) 98 211 - 3 312
Capital – 3440 Walnut Ave
(PLN2024-00188) 26 92 - 218 336
Mission at Orchard
(PLN2025-00094) - 11 5 90 106
Dusterberry Single Family
(PLN2025-00104) - 3 1 20 24
Total 124 557 6 331 1,018
In 2024, a total of 230 affordable housing units were entitled. The following table provides information on housing developments containing affordable units that received entitlement in the reporting year (2024).
Table 4. 2024 Entitlement – Affordable Housing Development Units
Project Name Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Total
Osgood Family Housing7
(PLN2024-00083) - 181 46 2 229
Witherly Lane Homes
(PLN2023-00143) - - 1 9 10
Mission Oak
(PLN2023-00220) - 2 - 22 24
Total 0 183 47 33 263
On March 19, 2024, the City Council awarded approximately $34 million in City funding to three affordable housing projects as part of the 2023 Notice of Funding Availability (NOFA).
5 The Warm Springs Apartments project was awarded $12 million in City funding during the 2023 Notice of Funding Availability (NOFA) for new affordable housing projects. 6 The Centerville Plaza Apartments project was awarded $12.85 million in City funding during the 2023 Notice of Funding Availability (NOFA) for new affordable housing projects. 7 The Osgood Family Housing project was awarded $14 million in City funding during the 2021 Notice of Funding Availability (NOFA) for new affordable housing projects.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 5
The three awarded projects would result in a total of 486 affordable housing units. The status of the three affordable housing projects is listed in the table below.
Table 5. Notice of Funding Availability (NOFA) Projects Project Name/Address Status Total Units
Warm Springs Apartments
(PLN2024-00151) Submitted 240
CDP Project - 39340 Fremont Blvd
(PRP2025-00022) Preliminary Review 96
Centerville Plaza Apartments
(PLN2024-00184) Submitted 150
Total 486
While no building permits were issued in 2024 for affordable housing projects, it is anticipated that building permits will be issued in the next couple years given the affordable housing projects that have been submitted, entitled, and/or received City funding through the NOFA process in 2024, as shown in the tables above.
Accessory Dwelling Unit (ADU) Production
In 2024, the City issued building permits for 133 ADUs. This number is approximately a 66-percent increase from last year.8 The Housing Element estimated an annual projection of 60 ADUs each year, which both the first and second year of the six-cycle planning period have exceeded. Staff anticipates the momentum behind ADUs to continue due to the City amending its ADU Ordinance in Fall 2023 and State laws that continue to reduce barriers and streamline the approval of ADUs.
In 2022, ABAG collected rental data on ADUs in the region and prepared analysis to support assumptions on the affordability levels of ADUs in the San Francisco Bay Area.9 The affordability assumptions are as follows:
1) 30-percent of ADUs are affordable to very-low-income households.
2) 30-percent are affordable to low-income households.
3) 30-percent are affordable to moderate income households.
4) 10-percent are affordable to above-moderate income households.
The 133 ADUs permitted in 2024 were assigned to different income categories in the APR based on ABAG’s affordability assumptions, as shown in the table below.
8 In 2023, the City issued building permits for 80 ADUs. 9 ABAG Technical Assistance Memorandum – Using ADUs to Satisfy RHNA.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 6
Table 6. 2024 ADU Affordability Assignments
Income Category Percentage of Total Permitted ADUs
Very Low (30 – 50% of AMI) 30% 40
Low10 (50 – 80% of AMI) 30% 40
Moderate (80 – 120% of AMI) 30% 40
Above Moderate (120%+ of AMI) 10% 13
Total 100% 133
Conformance with SB 35
In 2017, Governor Brown signed SB 35 into law, which established a streamlined approval process for new housing development projects that meet certain criteria. Local jurisdictions are subject to SB 35 when the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that RHNA reporting period. Based on housing production reported in the City’s CY 2022 APR, the City has made insufficient progress toward its lower income RHNA (very-low and low income), and therefore, HCD has determined that the City is subject to SB 35 for proposed developments with at least 50-percent affordability. If the City also makes insufficient progress towards its above moderate income RHNA, then the City would also be subject to the more inclusive streamlining for developments with at least 10-percent affordability.
In 2024, the City did not issue any entitlement applications pursuant to SB 35.
Conformance with SB 9
SB 9, titled the California Housing Opportunity and More Efficiency (HOME) Act, went into effect in 2022. The bill added Government Code §§ 65851.21 (“Two Unit Developments) and 66411.7 (Urban Lot Splits) and amended Government Code §66452.6 (Subdivision Map Act). SB 9 has two major components:
1) The right to develop more than one home on a single-family residential lot; and
2) The right to subdivide a single-family residential lot.
If certain criteria are met, SB 9 requires local jurisdictions to ministerially approve Two Unit Developments and Urban Lot Splits. SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately). Under SB 9, new units and subdivisions need not comply with the City’s “standard” development regulations for the Single-Family Residential (R-1) zoning district and Planned Districts that allow for single-family homes. Effectively, the law limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However,
10 The term may also be used to mean 0% to 80% of AMI.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 7
the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9, so long as the objective standards do not preclude two 800 square foot units. On December 5, 2023, the City Council adopted Ordinance 07-2023, amending various chapters of the Fremont Municipal Code, including adopting a local SB 9 ordinance.
In 2024, seventeen SB 9 applications were submitted to the City. This number is approximately a 240-percent increase from last year11. As noted in the table below, the City approved five SB 9 applications in 202412. No building permits were issued in 2024 for an application submitted pursuant to SB 9. Staff anticipates the momentum behind SB 9 to continue due to the City adopting an SB 9 Ordinance in Winter 2023 and State laws that continue to streamline the approval of SB 9 applications.
Table 7. 2024 SB 9 Applications
SB 9 Application Type Submitted Approved
Two-Unit Development13 5 1
Urban Lot Split14 12 3
Two-Unit Development & Urban Lot Split15 0 1
Total 17 5
B) Status of Housing Element Actions and Programs
The 2023-2031 Housing Element identifies six goals, 24 policies, and 94 programs. Table D in Exhibit “B” details the various programs implementing the Housing Element goals and policies, with their status. Many of the successful programs in the 2015–2023 Housing Element were carried over to the 2023-2031 Housing Element, and some programs were modified or refocused to better address housing goals. A summary of notable accomplishments in 2024 toward implementation of 2023–2031 Housing Element goals and policies is provided below.
Table 8. 2024 Summary of Notable Accomplishments
Related Program, Goal, and Policy
11 In 2023, five SB 9 applications were submitted (1 two-unit development, 2 urban lot splits, and 2 two-unit development & urban lot splits). 12 In 2023, three SB 9 applications were approved (2 urban lot splits and 1 two-unit development & urban lot split).
13 This category involves the development of no more than two new units. The new units can be a mix of a primary dwelling, an ADU, or a JADU. This category does not involve a subdivision of the existing parcel.
14 This category involves the subdivision of an existing parcel into two lots via a tentative parcel map. This category does not involve the creation of new units. 15 This category involves a subdivision and the creation of up new units: up to four on a vacant lot (two on each newly created lot), or two on an existing lot that is developed with a unit.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 8
Implementation Program No. Goal Policy
Identity and Abate Substandard Rental
Housing. The Code Enforcement Division
investigated 72 complaints related to
substandard housing in 2024. Of these, 21
cases were abated through the enforcement
process and 18 cases are in the process of
enforcement.
01 Goal 1: Preserve,
Maintain, and
Improve the Existing
Housing Supply.
Policy 1.01: Identify
and Remedy
Substandard Housing
Conditions
Objective Design Standards for Historic
Homes. On January 14, 2025, Ordinance 03-
2025 was introduced and Resolution 2025-02
was adopted establishing objective design
standards for historic homes, which reduces
the processing time and subjectivity related
to applications involving historic resources.
The ordinance was subsequently adopted on
February 4, 2025.
04 Goal 1: Preserve,
Maintain, and
Improve the Existing
Housing Supply.
Goal 6: Maintain a
Compliant Housing
Element and Zoning
Ordinance.
Policy 1.02:
Facilitate
Improvement of
Existing Housing
Stock.
Policy 6.01: Maintain
Consistency with
Regional and State
Housing Plans and
Laws
Offer Preliminary Review Procedure
(PRP) Process. The Planning Division
continues to promote the PRP process as a
valuable steppingstone to formal entitlement
submittal. In 2024, the Planning Division
received 31 PRP applications for new housing
developments, a sizable increase over the 11
received in 2023.
20 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.
Policy 3.02: Improve
Efficiency of
Entitlement Process
for Housing
Developments.
Offer “Over the Counter” (OTC) Type
Plan Checks for Qualifying Residential
Projects. To expedite the permit process for
smaller residential projects, the Community
Development Department created and
instituted a virtual appointment plan check
pilot program that intends for same-day
permit issuance.
24 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.
Policy 3.02: Improve
Efficiency of
Entitlement Process
for Housing
Developments.
Facilitate Environmental Review Process.
The Planning Division continues to utilize
CEQA exemptions and streamlining provisions
to balance environmental protection with the
urgent need for more housing, as evident in
the high-density Fremont Hub Mixed-Use,
Gateway Plaza Apartments, and Deccan
Pacific Mixed-Use projects, which received
entitlement approval in 2024.
27 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.
Policy 3.02: Improve
Efficiency of
Entitlement Process
for Housing
Developments.
Set Density Minimums Outside of TODs.
On December 17, 2024, Ordinance 01-2025
was introduced establishing a minimum
density of 14.6 dwelling units per acre for
mixed-use developments with housing on
sites located outside of Transit-Oriented
35 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.
Policy 3.03: Promote
Housing Development
in Highest Resource
Neighborhoods.
Policy 3.04:
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 9
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
Development (TOD) Overlay District areas.
No previous residential density standard
existed for such sites, thus the establishment
of a density floor will promote the
development of higher-density housing that
is more “affordable by design” within areas of
high opportunity, improving the vitality of the
City’s town centers. The ordinance was
subsequently adopted on January 7, 2025.
Intensity Residential
Development within
Urban
Neighborhoods.
Update Community Plans as Needed. On
December 17, 2024, Resolution 2024-53 was
adopted amending the Warm Springs / South
Fremont Community Plan by removing the
discretionary Master Plan requirement for
development (including residential) on sites
larger than five acres within the Plan area.
The Master Plan requirement lacked objective
evaluation criteria and thus its applicability to
housing development projects was in conflict
with State law.
38 Goal 3: Promote
Production of New
Affordable and
Market-Rate Housing.
Goal 6: Maintain a
Compliant Housing
Element and Zoning
Ordinance.
Policy 3.04:
Intensity Residential
Development within
Urban
Neighborhoods.
Policy 6.01: Maintain
Consistency with
Regional and State
Housing Plans and
Laws.
Assist Affordable Developers to Acquire
Land for Affordable Housing. On March
19, 2024, the City Council awarded $34M in
funding that will support the development of
over 450 low-income rental units.
56 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.
Policy 4.03: Assist
Affordable Housing
Developers.
Priority Processing for Affordable
Housing Development Projects. Affordable
housing projects are afforded expedited
reviews (10 days faster than the standard
development review timeline). Additionally,
ADUs, which are commonly affordable by
design, saw their review cycle timelines
reduced to eight business days for the first
cycle of review and six business days for
subsequent review cycles, in 2024.
57 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.
Policy 4.03: Assist
Affordable Housing
Developers.
Prioritize Affordable Housing on Public
Property. The Community Development
Department made significant progress in
2024 on the Fremont-Decoto Land
Development Plan effort, which involves the
City land planning and entitling the surplus
property at Fremont Boulevard and Decoto
Road with a housing development that
includes a sizable affordable housing
component. Additionally, an
interdepartmental City team met regularly
with BART staff to discuss prioritized
63 Goal 4: Maximize
Support and
Resources for
Affordable Housing
Production.
Policy 4.05: Pursue
Unique and
Innovative
Opportunities for
Providing Affordable
Housing.
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 10
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
development of affordable housing on their
underutilized property.
Participate in Countywide Planning
Efforts to End Homelessness. Fremont is
actively involved in regional efforts to
address homelessness through its Homeless
Services Manager’s participation in leadership
and working groups. In May 2024, the City’s
Homelessness Response Plan was adopted,
which incorporates strategies that are in
alignment with Alameda County’s adopted
plan.
77 Goal 5: Address
Disparities in Access
to Housing and
Disproportionate
Housing Needs.
Policy 5.02: Provide
Services, Shelter, and
a Pathway to
Permanent Housing
for Unhoused
Residents.
Review and Periodically Amend Zoning
Ordinance and Other Planning
Documents to Comply with Changes to
State Laws. In 2024, ordinances and
resolutions were introduced and/or adopted
for alignment with State law and
implementation of programs from Fremont’s
Housing Element. Key updates included:
• Short-Term Rental Ordinance:
Established regulations for short-term
rental units (Ordinance 01-2024).
• Winter 2024/2025 Code Update:
Implementation of second-year action
items for Housing Element compliance
related to Programs 31, 35, 36, 45, and
48 (Ordinance 01-2025 and Resolution
2024-52).
• Historic Objective Standards:
Implementation of second-year action
item for Housing Element compliance
related to Program 4 (Ordinance 03-
2025 and Resolution 2025-02).
85 Goal 6: Maintain a
Compliant Housing
Element and Zoning
Ordinance.
Policy 6.02:
Annually Review
Progress Towards
Housing Goals.
ADU Monitoring. In 2024, the City issued
building permits for 133 ADUs, which
represents an increase from the 80 ADUs
permitted in 2023. This number exceeds the
annual projection of 60 ADUs estimated in
the Housing Element. The City will continue
to promote and facilitate ADU production and
will employ additional strategies as necessary
during the planning period.
88 Goal 6: Maintain a
Compliant Housing
Element and Zoning
Ordinance.
Policy 6.02:
Annually Review
Progress Towards
Housing Goals.
Identify New Housing Opportunity Sites
Created Through SB 6 and AB 2011. The
Planning Division has identified and mapped
90 Goal 6: Maintain a
Compliant Housing
Element and Zoning
Policy 6.02:
Annually Review
Progress Towards
Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 11
Related Program, Goal, and Policy
Implementation Program No. Goal Policy
housing-eligible sites under SB 6 and AB
2011, as well as additional sites made
available for housing through more-recent
State adoption of AB 2243, which amended
the two bills. The maps, along with an
accompanying parcel list, will be made
available to the public on the City’s website.
Ordinance.
Housing Goals.
A) Additional Annual Reporting Requirements
APR Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need The City’s 2023-2031 Housing Element is required to demonstrate an ability to accommodate the 2015-2023 RHNA at the various income levels through vacant or underutilized land designated to allow residential development. Under SB 166 (2017), codified as Government Code §65863, a city must demonstrate that there is enough land identified to meet the unmet housing need at each income level prior to approving any project with fewer units by income category than identified in the housing element land inventory. If there is not sufficient land identified, then a city must identify additional sites within 180 days of approving a reduced-density project. Beginning in the CY 2018 APR, jurisdictions were required to report any sites that had been rezoned to comply with SB 166 as Table C of their APR.
To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, Fremont’s Housing Element Sites Inventory includes a buffer of more capacity than is required. For the lower-income categories, a buffer of approximately 15-percent has been provided. An approximate 15-percent buffer has also been provided for the moderate-income category. Since the vast majority of Fremont’s above moderate-income category is anticipated to be satisfied through pipeline projects and the risk of non-residential development or low-density residential development on inventory sites is relatively low, no buffer has been provided for the above-moderate income category.
Overall, an approximate 10-percent buffer is provided over the total RHNA.
The overall remaining unit capacity on vacant or underutilized sites listed in the 2023-2031 Housing Element is sufficient to accommodate the remaining RHNA. Because the City has sufficient capacity under its existing zoning, to accommodate unmet housing needs in 2024, no additional land was rezoned in 2024.
APR Table D – Program Implementation Status
Pursuant to Government Code §65583, the City is required to report on the progress and status of the programs and policies included in its Housing Element. Specifically, the City needs to report on the progress made towards achieving the specific goals and objectives outlined in the Housing Element. This could include targets for increasing affordable housing units; reducing housing displacement; improving access to housing for specific groups like low-income families or people with disabilities; and/or any changes made to the City’s Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 12
zoning regulations or development standards that affect the implementation of the Housing Element.
APR Table E – Commercial Development Bonus
AB 1934 (2017), codified as Government Code §65915.7, allows for commercial developers to construct additional floor area beyond the permitted floor area ratio (FAR) or utilize other concessions from the City in exchange for building affordable housing on-site, donating land for affordable housing, or making a payment to an affordable housing developer. The City of Fremont did not receive or approve any applications for a Commercial Density Bonus in 2024.
APR Table F – Units Preserved, Rehabilitated, or Acquired for Alternative Adequate Sites
Pursuant to Government Code §65583.1(c), a city may only count units preserved, rehabilitated, or acquired towards its RHNA if it includes in its housing element a program that obligates sufficient available funds to make the preserved, rehabilitated, or acquired units affordable and available for occupancy within two years of its adoption. The City of Fremont does not have such a program, and therefore, does not report units preserved, rehabilitated, or acquired towards its RHNA.
APR Table G – Locally Owned Lands Included in the Housing Element Sites Inventory
AB 1486 (2019), codified as Government Code §65400.1, requires jurisdictions to report in Table G of the APR any city-owned housing element inventory sites that were sold, leased, or otherwise disposed of during the reporting year. The City of Fremont did not initiate any new sales, leases, or disposal of City-owned housing element inventory sites in 2024.
APR Table H – Locally Owned or Controlled Lands Declared Surplus
In 2019, Governor Newsom directed the Department of General Services to conduct a comprehensive survey of all state-owned land and create a digitized inventory of all land in excess of state agencies’ foreseeable needs. AB 1255 (2020), codified as Government Code §54230, extends that mandate to cities and counties by requiring them to create their own inventory of surplus lands. The intention behind this inventory of surplus land is to identify excess government-owned property that could be used for affordable housing, homeless shelters, or other housing needs.
Beginning 2020, the APR requires that properties designated by a City as surplus lands are reported in the APR along with a description of each parcel and its current use. The City currently owns five properties that have been declared as surplus lands since 2013. These properties are reported in Table H of the APR.
APR Table K – Tenant Preference Policy Adopted
Pursuant to Government Code §7061, a local government adopting a tenant preference policy shall provide, on an annual basis to HCD, a current link to the webpage, as described Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 13
in Government Code §65400(a)(2). The City’s live/work policy, adopted on January 10, 2023 via Ordinance 01-2023 is reported in Table K.
LEAP Reporting
Pursuant to Health and Safety Code §50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy, or other completed entitlements. The City received a LEAP award of $500,000, and to date, reimbursements for the entirety of the LEAP grant has been received. The LEAP tasks, status, and other updates are reported in Exhibit “B.”
A) Status of General Plan Activities
Government Code §65400 mandates that cities and counties submit an annual report on the status of the General Plan and progress on its implementation to their legislative bodies, LCI, and HCD by April 1 of each year. The intent of this report is to demonstrate the City’s ongoing compliance with Government Codes §65300 et. seq, governing the required elements of a general plan, and provide a summary of implementation actions that have occurred within the past year. The City must submit a General Plan Annual Progress Report each year. The CY 2024 General Plan APR is attached as Exhibit “A”.
General Plan Amendments
Under Government Code §65358(b), no mandatory element of the General Plan may be amended more than four times per year, although each amendment may include more than one change to the General Plan. In 2024, the City Council did not adopt any General Plan Amendments, but Resolution 2024-52 was adopted on December 17, 2024 to amend the Warm Springs/South Fremont Community Plan.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The APR is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation and each on a separate and independent basis, CEQA Guidelines:
1. §15061(b)(3) [Review for Exemption] in that in the APR is an administrative action that has no potential to cause a direct or indirect significant effect on the environment.
2. §15183 [Projects Consistent with a Community Plan, General Plan, or Zoning] and/or §15162 [Subsequent EIRs and Negative Declarations] in that the APR is consistent with the 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 APR does 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. The APR is necessary to comply with state law.
3. §15378 [Project] in that the APR does not meet CEQA’s definition of a “project.” Council Staff Report (ID # 5381) Meeting of March 18, 2025 Updated: 3/13/2025 2:56 PM by Dina Lewis Page 14
ATTACHMENTS:
• Exhibit A - General Plan APR
• Exhibit B - Housing Element APR Tables
• Informational Item 1_Memo_Condominium Conversion Tracking • Informational Item 2_Low and Moderate Income Housing Asset Fund Annual Report • Informational Item 3_Draft February 27, 2025 Planning Commission Minutes
RECOMMENDATIONS:
1. Find the APR is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to, without limitation and each on a separate and independent basis CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
2. Accept Exhibit “A” and Exhibit “B,” which depict the status of the General Plan and Housing Element, and direct Staff to submit the APR to LCI and HCD.