Agenda packet, regular meeting — Fremont City Council, May 6, 2025 (part 3 of 4)

Response to the Appeal
These assertions of the appeal are directly contradicted by facts contained in the CEQA document and the administrative record.

From Emissions Study p. 21: “Dispersion modeling varies from a simpler, more conservative screening- level analysis to a more complex and refined detailed analysis. This refined assessment was conducted using the CARB exposure methodology with the air dispersion modeling performed using the USEPA dispersion model AERMOD. The model provides a detailed estimate of exhaust concentrations based on site and source geometry, source emissions strength, distance from the source to the receptor, and meteorological data.”
As the SWAPE comments acknowledge numerous times, they presented “screening level” health risk calculations. As indicated in the Emissions Study (quote above), screening level analyses are more conservative than the more complex and refined detailed analysis. This means that a screening level analysis is fully expected to show greater impacts than a more refined analysis. The expectation is that a conservative screening level analysis would be completed to determine whether a more refined analysis should be performed. If even a conservative screening level analysis indicates no potential for a significant impact, then the project would screen out of the need to perform a more refined analysis. In the case of the Emissions Study for the Project, there was no attempt to screen out the need to perform the refined analysis. Rather, the more complex and refined detailed analysis was completed. In any situation, a less detailed screening level analysis such as the one in the SWAPE comments would not appropriately be used to refute the results of a more complex and refined detailed analysis such as that in the Emissions Study.

The CEQA Consistency Checklist and Emissions Study relied upon analysis methodology that meets Air District recommendations and industry standards for refined and detailed analysis. While the information in this response and those below are adequate to refute the assertions of the appeal with

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 8 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 respect to emission health risk without refuting every detail in the SWAPE comments, the validity of the SWAPE calculations are questioned with respect to incorrect characterization of the proposed use as “warehouse” use, improper assignment of all operational traffic emissions to the Project site, improperly equating screening-level calculation estimates to detailed modeling results, improperly applying a broad 10% screening procedure increase to detailed modeling concentrations, picking and choosing methodology recommendations from various federal and state agencies and other entities rather than focusing on recommendations specific to the local Air District and project and modeling details, etc.

Operational Health Risk and Warehouse Use
Basis of the Appeal
The appeal asserts the following related to operational health risk impacts for the Project:
“The CEQA Checklist states that … construction of the proposed project would not exceed BAAQMD thresholds and would not expose nearby sensitive receptors to substantial pollutant concentrations.”[Id.] However, this statement is not supported by substantial evidence because the City did not quantify the health risk from all Project emissions, including DPM exposure during Project operation...
“SWAPE identified the Child (2-6 years) excess cancer risk factor, over the course of the Project’s operation as 14.5 in one million. [SWAPE Comments p. 7.] The total excess cancer risk for all populations, including 3rd Trimester pregnant individuals, Infants (0-2), Child (2-16), Adults (16-30) over the lifetime of the Project is 54.3 in one million excess cancer risk. [Id.]” - Pages 7 and 8 of the October 15 EBRRD letter.

Response to the Appeal
These assertions of the appeal are directly contradicted by facts contained in the CEQA document and the administrative record.

The Emissions Study indicated (page 33) that the specific of the proposed project does not represent a source of substantial operational emissions. The environmental setting for the CEQA Checklist Air Quality section (page 16) further specifies that the Project does not propose operational use of diesel emergency generators or diesel fire pumps, which are two sources of operational diesel emissions that can sometimes be proposed in development projects of this type but are not proposed for the Project.

The appeal does not suggest any other particular component of the Project that could be a substantial source of operational diesel emissions except to cite California Department of Justice (DOJ) recommendations that warehouse projects should quantify health risk. It is unclear why this DOJ document is referenced, as the project would not be classified as a warehouse project by either the City of Fremont or by the definition in the appeal-referenced DOJ recommendations. A “warehouse” or “logistics facility” is a facility that primarily stores cargo, goods, or products on a short or long term basis for later distribution to businesses and/or retail customers. Warehouse uses are defined by their focus on truck trips for goods movement, and it is this high volume of truck traffic that is the basis for enhanced environmental concerns. The Transportation Analysis 2 specifies (Table 2 on page 11) that
anticipated Project trips are consistent with a Research and Development Center (R&D) - not a more truck-focused warehouse use.

2 Hexagon Transportation Consultants, Transportation Analysis for the Ardenwood R&D Industrial Development in Fremont, February 16, 2024 (“Transportation Analysis”)

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 9 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 While there are multiple concerns regarding the validity of the calculations in the SWAPE comments (see Alternate Emissions Results - SWAPE Comments discussion above), perhaps most importantly for the operational estimates, the SWAPE calculations appear to have taken all modeled operational vehicular emissions for the Project - which were modeled to provide estimates of contribution to regional emissions and reflect the entire length of all trips to and from the project site for all vehicle types - and applied them as if all Project vehicle trips occurred entirely at the Project site instead of coming and going. In reality, only a small fraction of each trip would occur at the Project site. This error in the SWAPE calculations would of course grossly overestimate on-site operational emissions, only compounded with other issues discussed above.

As presented in the CEQA Consistency Checklist and referenced Emissions Study and outlined above, Project operations do not propose substantial stationary sources of diesel emissions (such as diesel generators), is not a truck-focused use such as a warehouse, and would not otherwise represent a source of substantial operational emissions.

Assessment of the Nearby Day Care
Basis of the Appeal
The appeal asserts the following related to potential health risk impacts on the nearby day care:
“The CEQA Checklist also fails to support a CEQA exemption because it does not contain an HRA to adequately analyze impacts to nearby sensitive receptors within 1000 feet of the Project site. CEQA requires analysis of human health impacts. CEQA Guidelines Section 15065(a)(4) provides that the City is required to find a project will have a significant impact on the environment and prepare an EIR if the environmental effects of a project will cause a substantial adverse effect on human beings. [PRC § 21083(b)(3), (d).]
“The Supreme Court has also explained that CEQA requires the lead agency to disclose the health consequences that result from exposure to a project’s air emissions. [Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 516, 523.]
“Courts have held that an environmental review document must disclose a project’s potential health risks to a degree of specificity that would allow the public to make the correlation between the project’s impacts and adverse effects to human health. [Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184.]
“The Bay Area Air Quality Management District’s (“BAAQMD”) 2022 CEQA Guidelines specifically recommends that a quantified HRA be prepared for projects within 1000 feet of a school:
“For proposed projects within 1000 feet of a school, the Air District recommends that a student analysis is included in the Health Risk Assessment (see Appendix E, Recommended Methods for Screening and Modeling Local Risks and Hazards). Additionally, for any project located within one- quarter mile of a school that involves the construction or alteration of a facility that might reasonably be anticipated to emit hazardous air emissions, or the handling of an extremely hazardous substance or mixture containing extremely hazardous substances in a quantity equal to or greater than the state threshold quantity specified in Health and Safety Code Section 25532(j), and that may impose a health or safety hazard to persons who would attend or would be employed at the school, the lead agency must consult with the affected school district or districts regarding the potential impact of the project on the school and notify the affected school district(s) of the project in writing, not less than 30 days before approval or certification of the negative declaration or EIR per State CEQA Guidelines Section 15186(b)(1)(2). [Bay Area Air Quality Management District, 2022 CEQA Guidelines, Section 5 Project-Level Air Quality Impacts, p. 5-1.]

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 10 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 “The Project is within 738 feet of the Happy Memories Shri’s Licensed Daycare, an early learning school and daycare. An HRA with a student analysis should therefore be prepared to comply with CEQA and to accurately disclose and mitigate the Project’s significant health risk impacts.” - Pages 9 and 10 of the October 15 EBRRD letter.

Response to the Appeal
These assertions of the appeal are directly contradicted by facts contained in the CEQA document and the administrative record.

The appeal indicated that the GP EIR and Emissions Study did not contemplate the Project within 1000 feet of a day care facility. This is with respect to the “Happy Memories Shri's Daycare” located at 34394 Livorna Terrace, within the residential neighborhood across Ardenwood Blvd to the east of the Project.

Day cares are permitted throughout all residential zones in the City of Fremont (FMC 18.90.080) and can be allowed with Zoning Administrator approval in many other zones. Since the proposed Project use is consistent with the General Plan and zoning, as is the day care in the adjacent residential neighborhood, the proximity of these two uses was implicitly contemplated by the General Plan and cannot reasonably be found to be peculiar to this Project or its location.

The day care is within the area assessed as containing sensitive receptors in the Emissions Study. The day care is no closer to the Project than other residential uses and would not result in more sensitive refined modeling assumptions than that performed for the rest of the residential area – this analysis already assumes the most sensitive populations (young children and pregnant women) could be present in that area. To be clear, while a day care was not mentioned specifically as being part of the assessed residential area, the analysis of risks to that area would apply equally and fully to a day care use within it and no additional or different analysis would be required to assess potential impacts to the day care.

This response is focused to impact disclosure in the General Plan and CEQA Consistency Checklist. See also responses above and below related to Significant Health Risk Impacts Not Disclosed and Standard Development Requirements (SDRs), Alternate Emissions Results - SWAPE Comments, Operational Health Risk and Warehouse Use, and Requiring Additional Air Quality Mitigation, which address the other considerations of the basis above.

Requiring Additional Air Quality Mitigation
Basis of the Appeal
The appeal asserts the following related to air quality/health risk mitigation for the Project:
“SWAPE found that the SDRs under the Fremont Municipal Code and the General Plan EIR Mitigation Measures do not sufficiently mitigate health risk impacts to less than significant levels. [SWAPE Comments, p. 2] SWAPE found that additional mitigation is required to reduce the Project’s significant health risk impacts. In particular, SWAPE recommends the following:
“Require projects to use Tier 4 Final equipment or better for all engines above 50 horsepower (hp). In the event that construction equipment cannot meet to Tier 4 Final engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by SCAG before using other technologies/strategies.

Alternative applicable strategies may include, but would not be limited to, construction equipment with Tier 4 Interim or reduction in the number and/or horsepower rating of construction equipment and/or limiting the number of construction equipment operating at the same time. All equipment must be tuned and maintained in compliance with the manufacturer’s recommended maintenance schedule and specifications. All maintenance records for each equipment and their contractor(s) should make available for inspection and remain on-site for a period of at least two years from completion of construction, unless the individual project can demonstrate that Tier 4 engines would

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 11 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 not be required to mitigate emissions below significance thresholds. Project sponsors should also consider including ZE/ZNE technologies where appropriate and feasible. … “The General Plan EIR concluded that air quality impacts would be significant and unavoidable, even with implementation of General Plan MM AIR-3. [ CEQA Checklist, p. 16.] The City therefore has a duty to consider and implement additional feasible mitigation to further reduce significant air quality impacts from the Project. [ Covington v. Great Basin Unified Air Pollution Control Dist. (2019) 43 Cal.App.5th 867, 883. 44 Id.] Moreover, SWAPE concludes that the combination of MM AIR-3 and Fremont Municipal Code Section 18.218.050 does not fully mitigate the Project’s air quality and health risk impacts. The City therefore cannot rely on CEQA exemptions and must prepare a project- level EIR to disclose and further mitigate these impacts. “The CEQA Checklist provides that “FMC Section 18.218.050(a) (which supersedes General Plan EIR Mitigation Measure AIR-3) would require the implementation of the BAAQMD’s Basic Construction Mitigation Measures to incorporate best management practices (BMPs) in order to ensure construction fugitive dust impacts would be at a less-than-significant level. Therefore, additional project-specific mitigation is not required. As such, construction of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS.” [Id.] “However, the City’s exclusive reliance on Fremont Municipal Code Section 18.218.050(a) does not result in fully mitigated impacts. The City must therefore implement additional measures from General Plan EIR Mitigation Measure Mitigation AIR-3 as part of the Project’s Conditions of Approval, and must consider additional feasible mitigation... Mitigation Measure AIR-3 adds additional community public health and air quality protections above and beyond what Fremont Municipal Code Section 18.218.050(a). [text of Mitigation Measure Air-3 and FMC have been omitted.] Beyond these measures, the City must identify and implement additional mitigation to reduce the Project’s significant air quality and health risk impacts to the greatest extent feasible. “EBRRD recommends the Zoning Administrator revise the Conditions of Approval to add Mitigation Measure AIR-3 to adequately address the Project’s potentially significant construction air quality impacts.” - Pages 10 through 14 of the October 15 EBRRD letter.

Response to the Appeal
These assertions of the appeal are directly contradicted by facts contained in the CEQA document and the administrative record.

The appeal asserts that SDR FMC 18.218.050(a) does not mitigate Air Quality related impacts as effectively as MM Air-3 from the GP EIR. However, the appeal only considers measures from

18.218.050(a)(1). As indicated in the CEQA Checklist, SDR FMC 18.218.050(a)(1) and the supplemental measures in SDR FMC 18.218.050(a)(2) are also required of the project. The SDR measures that are missing from the appeal (but included in full in the CEQA Consistency Checklist on pages 24 to 25) include the following:

FMC 18.218.050(a)(2)
Construction-Related Emissions – Supplemental Measures. The following supplemental construction measures, as periodically amended by BAAQMD, are required for all proposed development projects that would exceed the thresholds of significance for construction criteria air pollutant and precursors provided in the most recent BAAQMD CEQA Guidelines:
(A) All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 12 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 (B) All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
(C) Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity. (D) Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. (E) The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the total area of surfaces disturbed at any one time.
(F) All trucks and equipment, including their tires, shall be washed off prior to leaving the site. (G) Site accesses to a distance of 100 feet from the paved road shall be treated with a six- to 12-inch compacted layer of wood chips, mulch, or gravel.
(H) Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent. (I) Idling time of diesel-powered construction equipment shall be limited to two minutes. (J) The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project-wide fleet-average 20 percent nitrogen oxide (NOx) reduction and 45 percent particulate matter (PM) reduction compared to the most recent Air Resources Board fleet average.

Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available. (K) Low volatile organic compound (i.e., reactive organic gas) coatings beyond the local requirements (i.e., BAAQMD Regulation 8, Rule 3: Architectural Coatings) shall be used. (L) All construction equipment, diesel trucks, and generators shall be equipped with best available control technology for emission reductions of NOx and PM. (M) All contractors shall use equipment that meets the Air Resources Board’s most recent certification standard for off-road heavy-duty diesel engines.

As indicated on pages 16 through 26 of the CEQA Consistency Checklist and the Emissions Study, the project-specific emissions modeling concluded that with implementation of the identified SDRs, Project Air Quality impacts would be less than significant, and no further mitigation would be warranted.

See also responses to Significant AQ Health Risk Impacts Not Disclosed and Standard Development Requirements (SDRs) related to implementation of SDRs.

Construction Period Noise
Basis of the Appeal
The appeal asserts the following related to potential construction noise impacts of the Project:
“The City Cannot Rely on a Community Plan Exemption or Addendum to Approve the Project Because the Project May Result in Significant Noise Impacts that are Peculiar to the Project and More Severe than Previously Analyzed
” An EIR must be prepared because the Project results in potentially significant noise impacts, precluding reliance on a CEQA exemption. The CEQA Checklist provides that noise and vibration

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 13 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 impacts from Project construction will be less than significant. [CEQA Checklist, p. 67.] But, the General Plan provides that “[d]ue to the density of development anticipated in Fremont, notably in the Downtown of City Center and PDAs, some of these activities may take place near sensitive areas.

In these cases, the mitigation measures listed above may not be sufficient to reduce groundborne vibrations below to a level considered less than significant. Therefore, this impact would be significant and unavoidable.” [Fremont Draft General Plan Update EIR State Clearinghouse Number:
2010082060 (July 2011), p. 2-26.]
“Given the General Plan’s determination that noise and vibration impacts associated with development under the General Plan will be significant and unavoidable,[Id.] the City must disclose this as a significant Project impact in a project-level EIR and must implement all feasible mitigation to reduce the impact to the greatest extent feasible. [Covington 43 Cal.App.5th at 883.] [The City’s failure to implement Mitigation Measures NOI-1 through NOI-5 also results in nonconformance with the General Plan.]
“This will necessarily require implementation of General Plan Mitigation Measure NOI-1 through NOI-5 to reduce the Project’s potentially significant construction noise and vibration impacts, as well as consideration of additional mitigation to reduce noise and vibration impacts to the greatest extent feasible.
“General Plan Mitigation Measure Impact NOI-2 provides that “[m]ethods available to mitigate project-generated noise level increases would need to be studied on a case-by-case basis. Noise reduction methods could include the following: • New or larger noise barriers or other noise reduction techniques could be constructed to protect sensitive outdoor use areas and existing residential land uses where reasonable and feasible. Final design of such barriers should be completed during project level review.” [Fremont Draft General Plan Update EIR State Clearinghouse Number: 2010082060 (July 2011), p. 6-19.] This demonstrates that noise impacts under the General Plan EIR were not analyzed on a project level. Such analysis must be included in an EIR before the Project can lawfully be approved.” - Pages 14 through 15 of the October 15 EBRRD letter.

Response to the Appeal
These assertions of the appeal are incorrect and directly contradicted by facts contained in the CEQA document and the administrative record.

In response to the appeal’s assertion that project level noise impacts need to be studied for the project, it is noted that a project-specific Noise Study was indeed already completed and presented in the CEQA Consistency Checklist.
3 As presented in the CEQA Consistency Checklist and the Noise Study, the City of Fremont’s threshold for construction noise is a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or Noise Ordinance. According to the Fremont Noise Ordinance, temporary construction noise levels generated during permitted construction hours are exempt from compliance with City noise standards.

Temporary construction noise is considered a less than significant, provided the Project complies with the construction hours as specified in the City’s Noise Ordinance, and implements the Standard Development Requirements of Section 18.218.050(g) of the FMC related to construction noise.

The Noise Study (pages 16 through 19) modeled construction noise of the Project and found that average noise levels during construction at the nearest commercial uses to the south would approach 61 dBA Leq, while noise levels at the nearest sensitive uses to the east would approach 67 dBA Leq during

3 LSA, Noise and Vibration Impact Analysis for the Fremont Ardenwood at Paseo Padre Project, February 7, 2024 (“Noise Study”)

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 14 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 the site preparation and grading phases, which would take place for a duration of approximately 3 weeks, with average noise levels during other construction phases ranging from 53 dBA Leq to 66 dBA Leq. Construction activities were found to comply with the City’s Noise Ordinance and project-specific impacts were determined to be less-than-significant.

The Noise Study also modeled project-specific construction vibration (pages 19 and 20) and found that the Project’s construction vibration would be below both the thresholds for building damage and human annoyance and therefore less than significant.

As indicated on page 67 of the CEQA Consistency Checklist, The GP EIR concluded a potential for a Significant and Unavoidable impacts with respect to noise and vibration related to buildout of the General Plan. The GP EIR (page 4-185) specified that although the construction noise impact would be reduced below significance levels for individual new development through implementation of construction noise reduction measures, the impact would remain significant and unavoidable where planned development is concentrated and includes phased construction with residential development, such as the Downtown Area of the City Center and urban development in PDAs, as a result of the extended period of time that adjacent occupants would be exposed to construction noise. Similarly, the GP EIR concludes that significant and unavoidable construction vibration impacts that cannot be reduced through vibration reduction measures have the potential to occur where development is in close proximity to sensitive uses.

That the GP EIR indicates a significant and unavoidable impact could occur does not mean that it does occur as a result of every individual project. The project-specific analysis presented in the Noise Study demonstrates that the construction period noise and vibrations of the Project are less than significant and therefore not one of those circumstances contemplated in the GP EIR where impacts would be significant and unavoidable.

The Project’s construction does not constitute an unusual circumstance within the surrounding urban environment. The FMC defines construction noise as exempt from compliance with City noise standards and therefore a less than significant impact, provided all applicable construction-period Standard Development Requirements are implemented, as they will be here, with no additional mitigation warranted. Construction noise and vibration does not present an exception to the Project’s CEQA streamlining.

Cumulative Greenhouse Gas Emissions
Basis of the Appeal
The appeal asserts the following related to the Project’s contribution toward cumulative greenhouse gas (GHG) emissions:
“The City Cannot Rely on A CEQA Exemption to Approve the Project Because the Project Has Significant Cumulative GHG Impacts
“An EIR must be prepared and an exemption is improper, where, as here, the Project and successive projects of the same type in the same place will result in cumulative impacts. [14 CCR § 15300.2.] SWAPE concludes that the Project may result in significant greenhouse gas (“GHG”) impacts and that the CEQA Checklist does not provide substantial evidence that the Project is consistent with the Climate Action Plan. [SWAPE Comments, p. 8.] SWAPE confirmed that the Project Design Features would not adequately reduce the Project’s greenhouse gas emissions impacts to less than significant levels. [Id.] Project GHG impacts may therefore be more severe than analyzed in the 2011 General Plan EIR and require analysis and mitigation in an EIR before the Project can lawfully be approved. “The 2011 General Plan EIR identifies potentially significant environmental impacts in the topics of Transportation and Circulation, Cultural and Archaeological Resources, Air Quality, Agricultural

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 15 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 Resources, Noise, Utilities and Service Systems, Hydrology and Water Quality, and Global Climate Change. Mitigation were identified to reduce all potentially significant effects to a less-than- significant level, except for the following:
• Unacceptable levels of service at specified intersections and on specified roadway segments • Air quality emissions and Clean Air Plan consistency
• Noise increases related to traffic, and noise conflicts of incompatible uses and construction noise
• Potential demolition of cultural and historic resources • Loss or conversion of prime or unique farmland to urban uses, and • Cumulative greenhouse gas emissions [Fremont, Resolution 2011-68 – CEQA Findings, Statement of Overriding Considerations & Mitigation Monitoring and Reporting Program Adoption, (Dec. 2011).]
“As demonstrated in SWAPE’s comments, absent additional mitigation, the Project will contribute to and exacerbate impacts from cumulative greenhouse gas emissions. The 2011 General Plan concluded that development under the General Plan will result in potentially significant, unmitigated cumulative greenhouse gas emissions, for which no mitigation would fully reduce the significant impacts. [Id. at 13.] Here, the Project’s increased contribution to the General Plan’s significant exceedances of cumulative greenhouse gas emissions is a project-level impact that is peculiar to the Project site, was not analyzed in the General Plan EIR, and will result in more severe GHG impacts than previously contemplated. These project-specific impacts must be analyzed in a project-level EIR.” - Pages 15 through 16 of the October 15 EBRRD letter.

Response to the Appeal
These assertions of the appeal are directly contradicted by facts contained in the CEQA document and the administrative record.

As fully described in the CEQA Consistency Checklist and the October 15, 2024 Staff Report to the Zoning Administrator, the Project is fully consistent with the development density and land use characteristics established pursuant to the 2011 Fremont General Plan and existing zoning. As a project that is consistent with the General Plan and zoning, the Project’s cumulative effects were fully anticipated and included in the GP EIR analysis. Specifically, the Projects GHG emissions are part of, and not in addition to the GHG emissions as calculated for General Plan buildout.

As discussed in the CEQA Consistency Checklist (page 50), since the GP EIR, the City of Fremont has advanced city-wide climate planning with the adoption of the City’s most recent Climate Action Plan, Climate Ready Fremont in 2023. The Air District (BAAQMD) has determined that if a project is consistent with a local qualifying greenhouse gas reduction strategy, it will contribute its portion of what is necessary to achieve California’s long-term climate goals—its “fair share”—and an agency reviewing the project under CEQA can conclude that the project will not make a cumulatively considerable contribution to global climate change. Climate Ready Fremont meets the requirements for a Qualified Greenhouse Gas Reduction Strategy and is designed to streamline environmental review of future development projects in the City, consistent with State CEQA Guidelines Section 15183.5(b). Therefore, the proposed Project was evaluated for consistency with applicable GHG reduction measures in Climate Ready Fremont as demonstrated in Table F of the Emissions Study. Table F demonstrates the proposed project would be consistent with applicable strategies from the Climate Ready Fremont. Therefore, it can be concluded that the Project would not generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment.

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal) Marc Cleveland, City of Fremont December 12, 2024 Page 16 Lamphier-Gregory  4100 Redwood Road, Suite 20A #601, Oakland, CA 94619  Ph: 510-535-6690 The SWAPE comments (pages 8 and 9) indicate that they do not have enough information to confirm Project consistency with all GHG reduction measures and therefore suggest the Project should be determined inconsistent or mitigation applied to require consistency. Applicable requirements of Climate Ready Fremont do not need to be identified as mitigation because they are already requirements under that plan.

Required conformance with applicable requirements of Climate Ready Fremont is a standard requirement of all development projects and does not constitute an unusual circumstance.

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Attachment: PLN2025-00163 Informational Item No. 6 - Appeal Response Letter (5398 : Ardenwood at Paseo Appeal)

Minutes Planning Commission – February 13, 2025 PAGE 1

MINUTES

FREMONT PLANNING COMMISSION
SPECIAL MEETING OF FEBRUARY 13, 2025

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

PRESENT: Chairperson Zhang
Vice Chairperson Basrai
Commissioners Craig, Ezzy, Liu, Ramamurthi, Yee

ABSENT: None

STAFF PRESENT: Joel Pullen, Planning Manager
Heather Lee, Senior Deputy City Attorney
Mark Hungerford, Senior Planner
Marc Cleveland, Associate Planner
Kevin Lee, Planner II
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician

APPROVAL OF MINUTES: Commissioner Ramamurthi moved to approved minutes for the regular meeting of December 12, 2024. Commissioner Yee
seconded and the motion carried unanimously.

SERVICE RECOGNITION: Planning Manager Joel Pullen presented a certificate of appreciation to Reena Rao for her years of service as a Planning Commissioner for the City of Fremont.

ELECTION OF OFFICERS: Commissioner Yee nominated Jasmine Basrai to serve as Chairperson and Shobana Ramamurthi to serve as Vice
Chairperson for 2025. Commissioner Craig seconded the
nominations, and the nominations carried unanimously.

There was a brief recess while staff reset the computer system and seating arrangement s, and Jasmine Basrai took up the gavel as Chairperson for the remainder of the meeting.

DISCLOSURES: Commissioner Liu drove by the proposed project sites for all four Items, 1 (PLN2022 -00107), 2 (PLN2022 -00331), 3 (PLN2024 - 00073), and 4 (PLN2025-00087), but did not speak with anyone.

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Attachment: PLN2025-00163 Informational Item No. 7 - Planning Commission Hearing Minutes (5398 : Ardenwood at Paseo Appeal)

Minutes Planning Commission – February 13, 2025 PAGE 2
Commissioner Yee drove by the proposed project sites for all four Items, 1 (PLN2022 -00107), 2 (PLN2022 -00331), 3 (PLN2024 - 00073), and 4 (PLN2025 -00087). Commissioner Yee also spoke with the applicant for Item 3 and a resident concerning Item 4, and read all of the public emails regarding these projects.

Commissioner Zhang drove by the proposed project sites for Items 2 (PLN2022 -00331), 3 (PLN2024 -00073), and 4
(PLN2025-00087). Commissioner Zhang also spoke with the applicant for Item 3 and with an employee of a nearby gas station.

Commissioner Ezzy drove by the proposed project sites for all four Items, 1 (PLN2022 -00107), 2 (PLN2022 -00331), 3
(PLN2024-00073), and 4 (PLN2025 -00087), but did not speak with anyone. Commissioner Ezzy also read all of the public emails regarding these projects.

Commissioner Craig drove by the proposed project sites for all four Items, 1 (PLN2022 -00107), 2 (PLN2022 -00331), 3
(PLN2024-00073), and 4 (PLN2025 -00087), and read all of the public emails regarding these projects.

Vice Chairperson Ramamurthi drove by the proposed project sites for all four Items, 1 (PLN2022-00107), 2 (PLN2022-00331), 3 (PLN2024-00073), and 4 (PLN2025 -00087), but did not speak with anyone.

Chairperson Basrai drove by the proposed project sites for all four Items, 1 (PLN2022 -00107), 2 (PLN2022 -00331), 3
(PLN2024-00073), and 4 (PLN2025 -00087), and read all of the public emails regarding these projects.

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. SAHNI RESIDENCE – 71 Montclaire Drive – PLN2022-00107 – To consider a (00:26:47) Discretionary Design Review for a new approximately 8,800-squarefoot single family dwelling, including a 998 square foot attached accessory dwelling unit, on a 1.8 -acre lot located in the Mission San Jose Community Plan Area, and to consider a finding

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that no further environmental review is required pursuant to exemptions from the requirements of the California Environmental Quality Act (CEQA), per, without limitation, and each as a separate and independent basis, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, and CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified.

Planning Manager Joel Pullen introduced the item.

Associate Planner Marc Cleveland served as proxy for the project planner, James Willis. Associate Planner Marc Cleveland gave a brief presentation and responded to questions from the Commission regarding the project’s location within a wildland- urban interface area.

Chairperson Basrai opened the public hearing for this item.

Tony Meo, architectural designer, spoke to the project and responded to questions from the Commission regarding the number of floors/levels of habitable space, the amount of defensible space, placement of the ADU, and the maximum square feet allowed for the second floor/level. Tony Meo also addressed public concerns enumerated on pages 89-90 of the agenda packet.

Chairperson Basrai closed the public hearing for this item.

IT WAS MOVED (ZHANG/EZZY) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND

FOUND THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER,
WITHOUT LIMITATION, CEQA GUIDELINES SECTION 15303, NEW

CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES, IN THAT THE

PROJECT WOULD ALLOW A SINGLE -FAMILY HOME IN A RESIDENTIAL DISTRICT. ADDITIONALLY, 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) W AS

PREVIOUSLY PREPARED AND CERTIFIED, AND PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15163, AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED. EACH OF THE FOREGOING

PROVIDES A SEPARATE AND INDEPENDENT BASIS FOR CEQA
COMPLIANCE;
AND

APPROVED THE DISCRETIONARY DESIGN REVIEW PERMIT FOR A NEW SINGLE-FAMILY HOME AND ADU AS SHOWN IN EXHIBIT “A” AND SUBJECT TO CONDITIONS OF APPROVAL CONTAINED IN EXHIBIT “B.”

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The motion carried by the following vote:

AYES: 7 – Basrai, Craig, Eddy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0

Commissioner Liu recused himself from the public hearing for Item 2, due to a prior business relationship with the applicant, and exited Chambers.

Item 2. LI BAO LI TOWNHOMES – 4467 Central Avenue – PLN2022-00331 – To (00:55:44) consider a Discretionary Design Review, Vesting Tentative Tract Map No. 8692, Modification of Zoning Standards, Tree Removal, 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 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 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred.

Planning Manager Joel Pullen introduced the item, and brought special attention to a letter received earlier today from the California Housing Defense Fund (“CalHDF”).

Project Planner Kevin Lee gave a brief presentation and responded to questions from the Commission regarding the parking study, emergency access, modification to traffic signals, and the easement off of Central Avenue

Chairperson Basrai opened the public hearing for this item.

Bin Li, applicant/property owner, and Ed Rinehart, project architect, briefly spoke to the project and responded to questions from the Commission regarding the parking study done in 2024, the current parking situation, and new parking laws.

Chairperson Basrai closed the public hearing 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

FOUND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH PROVIDING A SEPARATE AND INDEPENDENT BASIS FOR EXEMPTION, PURSUANT TO CEQA GUIDELINES SECTION 15332, INFILL DEVELOPMENT PROJECTS, CEQA GUIDELINES SECTION 15183, PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN OR ZONING;

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AND CEQA GUIDELINES SECTIONS 15162 AND 15163, AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND

FOUND THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT
PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN, AND THE

DESIGNATED GOALS AND POLICES SET FORTH IN THE LAND USE,

CONSERVATION AND SAFETY ELEMENTS OF THE GENERAL PLAN AS ENUMERATED IN THE STAFF REPORT;
AND

FOUND THAT THE PROJECT MEETS THE REQUIREMENTS FOR A

REDUCTION OF ON -SITE GUEST PARKING SPACES BY PROVIDING

ADEQUATE OFF -SITE GUEST PARKING AND APPROVE THE
MODIFICATION OF ZONING STANDARDS;
AND
APPROVED DISCRETIONARY DESIGN REVIEW PERMIT PLN2022 -00331,

MODIFICATION OF ZONING STANDARDS REGARDING GUEST PARKING, VESTING TENTATIVE TRACT MAP NO. 8692, TREE REMOVAL OF FOUR

PRIVATE TREES, AND A PRIVATE STREET ENTITLEMENT AS SHOWN ON EXHIBIT “A,” BASED ON THE FINDINGS AND SUBJECT TO THE
CONDITIONS OF APPROVAL SET FORTH IN EXHIBIT “B.”

The motion carried by the following vote:

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

Commissioner Liu rejoined the meeting after the conclusion of public hearing Item 2.

Item 3. IRVINGTON ARCHES – 41811 Blacow Road – PLN2024-00073 – To consider (01:17:47) a Conditional Use Permit, Discretionary Design Review Permit, Zoning Administrator Permit Amendment, Tentative Tract Map No. 8700, Private Street, and Tree Removal to redevelop an approximately 1.73-acre lot for a mixed-use development consisting of an addition to an existing school and daycare facility and the construction of 14 attached condominium units across 3 buildings at 41811 Blacow Road in the Irvington 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, CEQA Guidelines 15301, Existing Facilities, and a finding that no further environmental 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 15163, as none of the circumstances requiring preparation o f a subsequent or supplemental EIR have occurred.

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Planning Manager Joel Pullen introduced the item, and brought special attention to a letter received earlier today from the California Housing Defense Fund (“CalHDF”).

Project Planner Kevin Lee gave a brief presentation and responded to questions from the Commission regarding parking, and the project’s proximity to an adjacent carwash.

Chairperson Basrai called for a brief recess at 8:32 p.m. and reconvened the meeting at 8:42 p.m. Chairperson Basrai then opened the public hearing for this item.

Kiran Darsha, applicant, briefly spoke to the project and responded to questions from the Commission regarding parking, noise from the adjacent carwash, operations of Safari Kid Montessori (also owned by the applicant) and maintenance of its large parking lot, and two other projects that the applicant is working to develop in Fremont.

Chairperson Basrai closed the public hearing for this item.

IT WAS MOVED (CRAIG/LIU) AND CARRIED BY THE FOLLOWING VOTE (7- 0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND

FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO, WITHOUT
LIMITATION, CEQA GUIDELINES 15332, INFILL DEVELOPMENT PROJECTS, CEQA GUIDELINES 15301, EXISTING FACILITIES, AND A FINDING THAT NO

FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PER CEQA
GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE

LAND USE ENVISIONED FOR THE SITE AS ESTABLISHED BY THE

GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT
(SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AND/OR CEQA GUIDELINES SECTIONS 15162 AND 15163 AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND

FOUND THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT

PROVISIONS, DESIGNATED GOALS, AND POLICES CONTAINED IN THE CITY’S GENERAL PLAN AS DESCRIBED IN THE STAFF REPORT;
AND

APPROVED THE ZONING ADMINISTRATOR PERMIT AMENDMENT TO
PERMIT AN ADDITION AS SHOWN IN EXHIBIT “A,” BASED ON FINDINGS

AND SUBJECT TO CONDITIONS OF APPROVAL, TO SUPPORT THE

EXISTING CHILD DAY CARE AND AFTER -SCHOOL TUTORING CENTER

USE, FOR WHICH A PREVIOUS ZONING ADMINISTRATOR PERMIT WAS APPROVED UNDER PLN2019-00076;
AND

APPROVED THE REQUESTED CONDITIONAL USE PERMIT,
DISCRETIONARY DESIGN REVIEW PERMIT, TENTATIVE TRACT MAP NO. 8700, PRIVATE STREET, AND TREE REMOVAL AS SHOWN IN EXHIBIT “A,”

BASED ON FINDINGS AND SUBJECT TO CONDITIONS OF APPROVAL AS PROVIDED IN EXHIBIT “B.”

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The motion carried by the following vote:

AYES: 7 – Basrai, Craig, Eddy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0

Item 4. ARDENWOOD AT PASEO APPEAL – 6200 Paseo Padre Parkway – PLN2025- (02:07:13) 00087 – To consider a third-party Appeal of the Zoning Administrator’s approval of a Discretionary Design Review Permit and Floor Area Ratio increase (under PLN2022- 00466) to allow a proposed five-building light-industrial/R&D project consisting of approximately 407,250 square feet of new development, plus renovation of an existing 43,172-square-foot light-industrial/R&D building, on the site bounded by Paseo Padre Parkway, Ardenwood Boulevard, and Commerce Drive in the North Fremont Community Plan Area; and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183, as the project is consistent with the General Plan, for which a n 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. Each of the foregoing provides a separate and independent basis for CEQA compliance.

Planning Manager Joel Pullen introduced the item and acknowledged a 67-page letter received from the appellant after close of business today.

Associate Planner Marc Cleveland gave a comprehensive presentation and responded to questions from the Commission , with assistance from Senior Planner Mark Hungerford and Planning Manager Joel Pullen , regarding future tenant modifications, the solar farm adjacent to the project, and differences between a programmatic EIR versus a project specific EIR.

Chairperson Basrai opened the public hearing for this item.

The appellant, Kelilah Federman, representing East Bay Residents for Responsible Development (EBRRD), spoke to the project and responded to questions from the Commission regarding:

• Lack of site specific examinations done by EBRRD;
• Calculation cited by EBRRD;
• Current applicability of Assembly Bill 617 to the City of Fremont; • Water supply assessment and fire flow.

The project proponent(s), Gavin Christensen, representing H&R Ardenwood L.L.C., and Evan Sockalosky, Partner and Director of Design at Arc Tec, Inc., briefly spoke to the proposed project and responded to questions from the Commission regarding:

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• Obstacles in providing dates for prospective tenants; • Status of current tenant Nextracker Inc. and potential new tenants; • Timeline for construction and renovations.

Brian Werner, Business Rep for Sheet Metal Workers Local 4 , spoke in support of the appeal.

William Yragui, representing Mission Peak Conservancy, spoke in opposition to the proposed project.

Kelilah Federman, representing EBRRD, spoke in rebuttal and restated their case.

Chairperson Basrai closed the public hearing for this item.

Vice Chairperson Ramamurthi expressed concern regarding adequate water supply for the proposed project, as indicated in the appellant documentation.

IT WAS MOVED (YEE/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-1- 0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND
FOUND THAT THE PROJECT AS SHOWN IN EXHIBIT “A” IS EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW 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 CEQA GUIDELINES SECTIONS 15162 AND 15164, AS NONE OF THE

CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR HAVE OCCURRED. EACH OF THE FOREGOING

PROVIDES A SEPARATE AND INDEPENDENT BASIS FOR CEQA
COMPLIANCE;
AND

FOUND THE REQUESTED DISCRETIONARY DESIGN REVIEW PERMIT AND FLOOR AREA RATIO INCREASE, AS SHOWN ON EXHIBIT “A,” SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL IN EXHIBIT “B,” IS CONSISTENT WITH THE CITY’S GENERAL PLAN AND THAT THE

PROPOSED SITE IS PHYSICALLY SUITABLE FOR THE TYPE, DENSITY, AND

INTENSITY OF THE PROPOSED USE, WOULD BE COMPATIBLE WITH

DEVELOPMENT IN THE VICINITY, AND WOULD NOT BE DETRIMENTAL TO

THE PUBLIC HEALTH, SAFETY, OR WELFARE OF PERSONS OR PROPERTY IN THE VICINITY AS ENUMERATED WITHIN THE STAFF REPORT;
AND
DENIED THE THIRD-PARTY APPEAL (PLN2025 -00087) AND APPROVE THE

DISCRETIONARY DESIGN REVIEW PERMIT AND FLOOR AREA RATIO INCREASE (PLN2022 -00466), AS SHOWN IN EXHIBIT “A,” SUBJECT TO FINDINGS AND CONDITIONS CONTAINED IN EXHIBIT “B.”

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KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
ALAURA R. McGUIRE

Of Counsel
MARC D. JOSEPH

SACRAMENTO OFFICE

520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814 -4721
TEL: (916) 444- 6201
FAX: (916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080 - 7037
___________

TEL: (650) 589- 1660
FAX: (650) 589 - 5062
[email protected]

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February 21, 2025

Via Email Submission and U.S. Mail

Fremont City Council
Raj Salwan, Mayor
Desrie Campbell, Vice Mayor
Councilmembers:

Teresa Keng, Kathy Kimberlin, Yang
Shao, Yajing Zhang, Raymond Liu
Emails: [email protected]

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Marc Cleveland, Associate Planner
Mark Hungerford, Project Planner
Community Development
Department, Planning Division
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Emails: [email protected]

[email protected]

Joel Pullen, Planning Manager
Email: [email protected]

Re: Appeal to City Council of Planning Commission Denial of EBRRD Appeal of Zoning Administrator’s Approval of Ardenwood at Paseo Project Discretionary Design Review Permit (PLN2022-00466; PLN2025-00087)

Dear Mayor Salwan, Vice Mayor Campbell, Councilmembers: Keng, Kimberlin, Shao, Zhang, Liu, Mr. Cleveland, Mr. Hungerford, and Mr. Pullen:

We are writing on behalf of East Bay Residents for Responsible Development (“East Bay Residents” or “EBRRD”) to appeal the February 13, 2025 Fremont Planning Commission (“Commission”) denial of EBRRD’s appeal of the Zoning Manager’s approval
1 of the Ardenwood at Paseo Project (PLN2022-00466)
(“Project”) proposed by Gavin Christenson, H&R Ardenwood and Evan Sockalosky, Arc Tec, Inc. (collectively the “Applicant”) and approval of Project’s entitlements,

1 Exhibit A - Letter from Joel Pullen, AICP Secretary, Planning Commission City of Fremont, to Kelilah Federman East Bay Residents for Responsible Development re: PLN2025-00087 ARDENWOOD AT PASEO APPEAL (Feb. 18, 2025).

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including the CEQA Environmental Consistency Checklist (“CEQA Checklist”)2 prepared for the Project (collectively, “Appeal”). This Appeal is filed pursuant to the City of Fremont Municipal Code Chapter 18.300.020(b).

East Bay Residents appeals all actions taken by the Planning Commission on February 13, 2025 with regard to the Project, including but not limited to the Planning Commission’s action to deny EBRRD’s appeal and uphold the Zoning Administrator’s approval of the Project’s Discretionary Design Review Permit and Floor Area Ratio increase (under PLN2022-00466) CEQA Checklist, decision to approve the Project pursuant to CEQA exemptions, and all related findings.

East Bay Residents respectfully requests that the Council uphold this appeal, vacate the Planning Commission’s February 13, 2025 decision denying EBRRD’s appeal and approving the Project, and require Staff to withdraw the CEQA Checklist and prepare a legally adequate project-level environmental impact report (“EIR”) for the Project to address all potentially significant impacts of the Project.

This Appeal is filed within 10 calendar days of the Planning Commission’s decision, and is accompanied by the following:

• Required appeal form and attachments;
• Appeal fee of $2,850;
• Issues on Appeal: The issues raised in this Appeal re set forth in EBRRD’s February 13, 2025 comments to the Planning Commission, EBRRD’s October 23, 2024 Appeal to the Planning Commission, and EBRRD’s comments filed with the Zoning Administrator ahead of the October 15, 2024 hearing on the Project, along with accompanying exhibits and expert comments. These comments are attached hereto as Exhibit B.

I. STATEMENT OF INTEREST

2 City of Fremont, Zoning Administrator Agenda Item 1. Ardenwood at Paseo – Informational Item No. 1 – CEQA Determination (Oct. 15, 2024) (hereinafter “CEQA Checklist”).

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Project’s unmitigated impacts. Individual members may also work on the Project itself. They would therefore be first in line to be exposed to any health and safety hazards that may exist on the Project site.

The organizational members of EBRRD also have an interest in enforcing the City’s planning and zoning laws and the State’s environmental laws that encourage sustainable development and ensure a safe working environment for its members.

Environmentally detrimental projects can jeopardize future jobs by making it more difficult and more expensive for business and industry to expand in the region, and by making it less desirable for businesses to locate and people to live there. Indeed, continued degradation can, and has, caused restrictions on growth that reduce future employment opportunities. Finally, Residents’ members are concerned about projects that are built without providing opportunities to improve local recruitment, apprenticeship training, and retention of skilled workforces, and without providing lifesaving healthcare expenditures for the construction workforce.

II. PROCEDURAL REQUIREMENTS

Municipal Code Section 18.300.030 states that “[a]ppeals may be filed by any interested party. An appeal shall be submitted in writing, on any form prescribed for that purpose by the city and accompanied by the required fee, and shall state the decision appealed from, the facts and basis for the appeal, and the relief or action sought.”
3 Appeals must be filed within 10 calendar days following the date of the decision being appealed.4 Decisions of the Planning Commission may be appealed to the City Council.5

This appeal is timely filed within 10 calendar days of the Planning Commission’s February 13, 2025 decision to approve the Project. The appeal is accompanied by the required appeal form (Appeal Form and Universal Planning Application), the appeal fee of $2,850,
6 and comments and evidence providing the
basis for the appeal, in compliance with the City’s procedural requirements.

3 Fremont Municipal Code § 18.300.030(a).
4 Fremont Municipal Code § 18.300.030(b).
5 Fremont Municipal Code § 18.300.020(b).
6 City of Fremont Fee Schedule (With Developer Deposit Schedule) (January 11, 2025), available at:
https://www.fremont.gov/home/showpublisheddocument/13864/638573532122970000.

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Agreement. The Reimbursement Agreement is therefore included with this filing under protest. As East Bay Residents has previously explained to the City,7 and as raised in this Appeal, the City’s practice of requiring members of the public to sign an open-ended Reimbursement Agreement with the City as a condition of filing an administrative land use appeal as members of the public is a violation of law.

The Reimbursement Agreement purports to authorize the City the charge appellants an undefined and unlimited amount of additional money for “staff review, coordination, and processing costs based on real time expended” on the appeal.8 The costs associated with the Reimbursement Agreements are open-ended and are above and beyond the actual appeal fee paid by the Appellant at the time their appeal is filed with the City. The City’s Reimbursement Agreement is an illegal contract that is void as against public policy.9 The Reimbursement Agreements are also an unduly burdensome requirement which violates EBRRD’s procedural due process rights because it imposes an undue burden on Appellants’ pursuit of an administrative appeal to exhaust administrative remedies required by law.
10 This Appeal challenges the City’s Reimbursement Agreement requirement and its application to Appellant East Bay Residents.

III. BASIS FOR APPEAL

The basis for this appeal is set forth in East Bay Residents’ comments filed with the Planning Commission ahead of the February 13, 2025 hearing on the Project, EBRRD’s October 23, 2024 Appeal to the Planning Commission, and comments filed on October 15, 2024 to the Zoning Administrator. 11 East Bay Residents’ comments explain that the City’s decision to rely on a streamlining exemption pursuant to CEQA Guidelines Section 15183 (Community Plan Exemption)
12 and a CEQA addendum pursuant to CEQA Guidelines Sections

7 East Bay Residents previously objected to the City’s use of the Reimbursement Agreement in its 2023 and 2024 administrative appeals of the Fremont Hub Mixed-Use Project (PLN2022-00487) and Gateway Plaza Apartments Project (PLN2023-00198), in which East Bay Residents’ representatives were required to sign the Reimbursement Agreements as a condition of the appeal filings being accepted by the City.
8 See City of Fremont, Universal Planning Application, Part II, Reimbursement Agreement . 9 See Civil Code §§ 1608, 1667; Yoo v. Jho (2007) 147 Cal.App.4th 1249, 1251; see Trumbo v. Bank of Berkeley (1947) 77 Cal.App.2d 704, 710 (“The law does not imply a promise to pay for services illegally rendered under a contract expressly prohibited by statute.”). 10 California Teachers Ass’n v. State of Cal. (1999) 20 Cal. 4th 327, 331. 11 See Exhibit A.
12 14 CCR § 15183(a)-(c).

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15162 violated CEQA and were not supported by substantial evidence because the Project has new or more severe significant impacts than previously analyzed in the 2011 General Plan Update EIR which are peculiar to the Project site and were not known and could not have been known at the time of the EIR’s certification. These impacts are not fully mitigated by the General Plan EIR mitigation measures or the City’s Standard Development Requirements (“SDRs”) and therefore require disclosure and additional mitigation in a project-level EIR. The specific issues presented to the Zoning Administrator are summarized in Exhibit B. The Appeal also challenges the City’s illegal Reimbursement Agreement and practice of requiring members of the public to commit to paying open-ended costs to the City associated with filing administrative appeals of land use decisions.

Pursuant to the Municipal Code, the Planning Commission’s review of all appeals “shall be de novo” and appeal review bodies are “not bound by the decision that has been appealed or limited to the issues raised on appeal.” 13 Accordingly, we
reserve the right to supplement this appeal with additional written comments and supporting evidence,
14 including but not limited to the City’s appeal fee and deposit structure, prior to consideration by the Planning Commission.

IV. CONCLUSION

For the reasons stated herein, and as will be presented to the City Council on appeal, East Bay Residents urges the City Council to reverse the Planning Commission’s denial of EBRRD’s appeal and approval of the Project, and require staff to prepare a project-level EIR. Thank you for your consideration.

Sincerely,

Kelilah D. Federman
Attachments
KDF:acp

13 Id. at § 18.300.050.
14 Gov. Code § 65009(b); PRC § 21177(a); Bakersfield Citizens for Local Control v. Bakersfield (“Bakersfield”) (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121.

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EXHIBIT A

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EXHIBIT B

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7507-001

ARIANA ABEDIFARD
KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
TARA C. RENGIFO

Of Counsel
MARC D. JOSEPH
DANIEL L. CARDOZO

SACRAMENTO OFFICE

520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814 -4721
TEL: (916) 444- 6201
FAX: ( 916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080- 7037
___________

TEL: (650) 589 - 1660
FAX: (650) 589 - 5062
[email protected]

printed on recycled paper

October 15, 2024

Via Email and Hand Delivery

Clifford Nguyen
Zoning Administrator
Community Development
Department, Planning Division
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Email: [email protected]

Marc Cleveland
Project Planner
Community Development
Department, Planning Division
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Email: [email protected]
Re: Agenda Item 1: Ardenwood at Paseo Project – 6200 Paseo Padre Parkway (PLN2022-00466)

Dear Mr. Nguyen and Mr Cleveland:

On behalf of East Bay Residents for Responsible Development (“East Bay Residents” or “EBRRD”), we submit these comments on the Agenda, 1 Staff Report,2
and CEQA Environmental Consistency Checklist (“CEQA Checklist”)3 prepared for the Ardenwood at Paseo Project (PLN2022-00466) (“Project”) proposed by Gavin Christenson, H&R Ardenwood and Evan Sockalosky, Arc Tec, Inc (collectively the “Applicant”) for the October 15, 2024 Zoning Administrator Public Hearing to consider a Discretionary Design Review and a Modification to the Zoning Standards and to consider an exemption from the requirements of the California Environmental Quality Act (“CEQA”)
4 per CEQA Guidelines Section 15183.5

1 City of Fremont, Agenda, Zoning Administrator Public Hearing, City of Fremont California, 39550 Liberty Street, 3:00 P.M. (Oct. 15, 2024).
2 City of Fremont, Zoning Administrator Permit Staff Report (Oct. 15, 2024) (hereinafter “Staff Report”).
3 City of Fremont, Zoning Administrator Agenda Item 1. Ardenwood at Paseo – Informational Item No. 1 – CEQA Determination (Oct. 15, 2024) (hereinafter “CEQA Checklist”). 4 Pub. Res. Code (“PRC”) §§ 21000 et seq.; 14 Cal. Code Regs. (“CCR”). 5 14 CCR § 15183.

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The Project site is located at 6100 Paseo Padre Parkway and 6200 Paseo Padre Parkway in Fremont, California. The Project proposes to develop a total of approximately 450,420 square feet of industrial space in six individual buildings, of which five of them (Buildings 2 through 6) would be new buildings. The existing building (Building 1) would be renovated and incorporated into the proposed site layout with the other buildings onsite. The Project site is zoned P-81-15 (Ardenwood Planned District). Once operational, the Project would generate approximately 4,512 average daily trips. The CEQA Checklist provides that the Project would not include any diesel emergency generators or diesel fire pumps. 6 Construction
activities for the project would occur over 24 to 28 months.7 The proposed Project would include the demolition of 77,363 square feet of asphalt and the export of 2,472 cubic yards of soil.
8 The Project is located approximately 738 feet away from the nearest sensitive receptors, children and staff at Happy Memories Shri's Licensed Daycare and residences across the street. The CEQA Checklist makes no mention of the Daycare located within 1000 feet of the Project.

The Project does not meet the criteria for a streamlining exemption pursuant to CEQA Guidelines Section 15183 (“Community Plan Exemption”). The Zoning Administrator does not have substantial evidence to make the proposed finding that the Project “is exempt from further environmental review 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” because the Project would result in environmental effects that are peculiar to the Project, were not analyzed at a project-level in the General Plan EIR, and would not be fully mitigated by uniform policies and procedures.

As detailed herein, and in the expert consultant reports attached hereto9, the Project was not contemplated in the 2011 General Plan EIR, and has new or more severe significant impacts than previously analyzed in the 2011 General Plan EIR which are peculiar to the Project site, were not analyzed at a project-level, and were not known and could not have been known at the time of the EIR’s certification because the Project had not yet been proposed when the 2011 General Plan EIR was certified. For example, air quality consultant SWAPE’s modeling demonstrates that the Project will have significant site-specific health risk impacts from exposure of local residents, workers, and children to toxic diesel particulate matter (“DPM”) emissions which will result in a cancer risk more severe than analyzed in the 2011

6 CEQA Checklist, p. 16.
7 Id.
8 Id.
9 See Exhibit A, SWAPE Comments on the Ardenwood Warehouse Project (Oct. 14, 2024) (“SWAPE Comments”).

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General Plan EIR and require additional mitigation. Moreover, the record before the Zoning Administrator does not contain substantial evidence demonstrating that the Project will “not be detrimental to the public health or safety [or] unreasonably interfere with the use and enjoyment of adjacent development nor be detrimental to the public health, safety, or welfare” as required by the Municipal Code 10 for
approval of the Discretionary Design Review Permit.

As a result, the Zoning Administrator lacks substantial evidence to approve the Project, the CEQA Checklist, or the Discretionary Design Review Permit at this time because the City has not complied with CEQA or the Municipal Code.

East Bay Residents respectfully requests that the Zoning Administrator continue today’s hearing and fulfill its responsibilities under CEQA and the Fremont Municipal Code by withdrawing the CEQA Checklist and preparing a project-level EIR to address the project-specific impacts identified in these comments. We reserve the right to supplement these comments with additional comments, issues, and evidence at later hearings and proceedings related to the Project.
11 I. STATEMENT OF INTEREST

East Bay Residents is an unincorporated association of individuals and labor organizations that may be adversely affected by the potential impacts associated with Project development. The association includes the UA Plumbers and Pipefitters Local 342, International Brotherhood of Electrical Workers Local 595, Sheet Metal Workers Local 104, Sprinkler Fitters Local 483, and their members and their families who live and/or work in the City of Fremont and Alameda County.

The individual members of EBRRD live, work, and raise their families in the City and in Alameda County. They would be directly affected by the Project’s unmitigated impacts. Individual members may also work on the Project itself.

They would therefore be first in line to be exposed to any health and safety hazards that may exist on the Project site.

10 Fremont Municipal Code § 18.235.060(c).
11 Gov. Code § 65009(b); PRC § 21177(a); Bakersfield Citizens for Local Control v. Bakersfield (“Bakersfield”) (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121.

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The organizational members of EBRRD also have an interest in enforcing the City’s planning and zoning laws and the State’s environmental laws that encourage sustainable development and ensure a safe working environment for its members.

II. LEGAL BACKGROUND

CEQA has two basic purposes, neither of which the City has satisfied in this case. First, CEQA is designed to inform decision makers and the public about the potential, significant environmental impacts of a project before harm is done to the environment.
12 The EIR is the “heart” of this requirement,13 and has been described as “an environmental ‘alarm bell’ whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return.”
14 To fulfill this purpose, the discussion of impacts in an EIR must be detailed, complete, and “reflect a good faith effort at full disclosure.”
15 An adequate EIR must contain facts and analysis, not just an agency’s conclusions.16

Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring imposition of mitigation measures and by requiring the consideration of environmentally superior alternatives. 17 CEQA
imposes an affirmative obligation on agencies to avoid or reduce environmental harm by adopting feasible project alternatives or mitigation measures to address all potentially significant impacts identified in the agency’s CEQA analysis.18 Without an adequate analysis and description of feasible mitigation measures, it would be

12 Cal. Code Regs., tit. 14, § 15002, subd. (a)(1) (“CEQA Guidelines”); Berkeley Keep Jets Over the Bay v. Bd. of Port Comm’rs. (2001) 91 Cal.App.4th 1344, 1354 (“Berkeley Jets”); County of Inyo v.

Yorty (1973) 32 Cal.App.3d 795, 810.
13 No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 84. 14 County of Inyo v. Yorty (1973) 32 Cal.App.3d 795, 810. 15 CEQA Guidelines, § 15151; San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 721-722.
16 See Citizens of Goleta Valley v. Bd. of Supervisors (1990) 52 Cal.3d 553, 568. 17 CEQA Guidelines, § 15002, subd. (a)(2) and (3); Berkeley Jets, 91 Cal.App.4th, at p. 1354; Laurel Heights Improvement Ass’n v. Regents of the University of Cal. (1998) 47 Cal.3d 376, 400. 18 Pub. Resources Code, §§ 21002-21002.1.

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impossible for agencies relying upon an EIR or other environmental document to meet this obligation.

Under CEQA, mitigation measures must be fully enforceable through permit conditions, agreements or other legally binding instruments.19 A CEQA lead agency is precluded from making the required CEQA findings to approve a project unless the record shows that all uncertainties regarding the mitigation of impacts have been resolved. For this reason, an agency may not rely on mitigation measures of uncertain efficacy or feasibility.20 This approach helps “insure the integrity of the process of decision by precluding stubborn problems or serious criticism from being swept under the rug.”21

The CEQA Guidelines explain that when an EIR has been for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the
involvement of new significant effects or a substantial increase in the severity of previously identified effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be
substantially more severe than shown in the previous
EIR;

19 CEQA Guidelines, § 15126.4, subd. (a)(2).
20 Kings County Farm Bureau v. County of Hanford (1990) 221 Cal.App.3d 692, 727-28 (a groundwater purchase agreement found to be inadequate mitigation because there was no record evidence that replacement water was available).
21 Concerned Citizens of Costa Mesa, Inc. v. 32nd Dist. Agricultural Assn. (1986) 42 Cal.3d 929, 935.

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(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would
substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are
considerably different from those analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative. 22 Only where none of the conditions described above calling for preparation of a subsequent or supplemental EIR have occurred may the lead agency consider preparing a subsequent negative declaration, an Addendum or no further documentation.
23 CEQA Guidelines Section 15183 (“Community Plan Exemption”) provides streamlined review for projects that are consistent with the development density established by an existing zoning, community plan, or general plan policies for which an EIR was certified.
24 In those instances, the examination of environmental effects of subsequent buildout projects which were analyzed in the prior EIR may be limited to impacts which:

(1) Are peculiar to the project or the parcel on which the project would be located;
(2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent; (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
(4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
25 The CEQA Checklist relies on both exemptions.

22 CEQA Guidelines § 15162(a)(1)-(3).
23 CEQA Guidelines § 15162(b).
24 CEQA Guidelines § 15183(a).
25 CEQA Guidelines § 15183(b).

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III. THE CITY LACKS SUBSTANTIAL EVIDENCE TO SUPPORT

APPROVAL OF THE PROJECT UNDER A COMMUNITY PLAN

EXEMPTION OR ADDENDUM

CEQA Guidelines Section 15183 (Community Plan Exemption) may only be relied on if a Project is consistent with a previously approved land use plan for which an EIR was prepared, and where the project does not have any impacts that are peculiar to the proposed project or parcel, are new or more significant than previously analyzed, are potentially significant off-site or cumulative impacts, or cannot be substantially mitigated by uniformly applicable development policies or standards.26 Similarly, CEQA Guidelines Section 15162 (Addendum) prohibits an agency from foregoing preparation of a subsequent or supplemental EIR if there are substantial changes to a project, changed circumstances, or new information about project impacts that are more severe than previously analyzed. 27 The City’s reliance on a CEQA Checklist to exempt the Project from further CEQA review under CEQA Guidelines 15183 and 15162 is improper and not supported by substantial evidence because the Project has significant project- specific impacts that are peculiar to the Project, were not analyzed in the General Plan EIR, were not know and could not have been known when the 2011 General Plan EIR was certified, and are more severe than previously analyzed. These impacts are not fully mitigated by the General Plan EIR mitigation measures or the City’s Standard Development Requirements (“SDRs”) and therefore require disclosure and additional mitigation in a project-level EIR.

A. The City Cannot Rely on a Community Plan Exemption or Addendum to Approve the Project Because the Project May Result in Significant Health Risk Impacts that are Peculiar to the Project and More Severe than Previously Analyzed

The CEQA Checklist states that the risk associated with project construction at the maximally exposed individual (MEI) would be 12.44 in one million, which would exceed the BAAQMD cancer risk of 10 in one million resulting in an admittedly significant impact which was not disclosed in the General Plan EIR. 28 The CEQA Checklist attempts to dismiss the impact by stating that “all health risks would be reduced with implementation of FCM Section 18.218.050(a)(2), and the reduced cancer risk at the MEI would be 2.17 in one million, which would not

26 14 CCR § 15183(a)-(c).
27 14 CCR § 15162.
28 CEQA Checklist, p. 24.

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exceed the BAAQMD cancer risk of 10 in one million. Therefore, with implementation of the supplemental construction measures identified in FMC Section 18.218.050(a), construction of the proposed project would not exceed BAAQMD thresholds and would not expose nearby sensitive receptors to substantial pollutant concentrations.”29 However, this statement is not supported by substantial evidence because the City did not quantify the health risk from all Project emissions, including DPM exposure during Project operation, and SWAPE determined that reliance on FMC mitigation does not support the conclusion that the health risk impacts would be reduced below the level of significance.30 In particular, SWAPE found that construction emissions may be more severe than analyzed in the 2011 General Plan EIR because the 2011 General Plan EIR did not contemplate the Project within 1000 feet of a daycare facility.

SWAPE conducted a quantified health risk analysis (“HRA”) of the Project’s toxic air contaminant (“TAC”) emissions, including DPM, and identified health risk impacts which are more severe than analyzed in the 2011 General Plan EIR and in the CEQA Checklist. SWAPE identified the Child (2-6 years) excess cancer risk factor, over the course of the Project’s operation as 14.5 in one million.
31 The total excess cancer risk for all populations, including 3rd Trimester pregnant individuals, Infants (0-2), Child (2-16), Adults (16-30) over the lifetime of the Project is 54.3 in one million excess cancer risk.32 The cancer risk associated with development of the Project so close to nearby sensitive receptors results in a significant cancer risk exceeding BAAQMD thresholds of 10 in one million.
33 The impact of Project operation on sensitive receptors, including those at the daycare were not known at the time the 2011 General Plan EIR was certified and are determined to have more severe adverse impacts than discussed in the prior EIR. The 2011 General Plan EIR makes no mention of analysis of impacts of development under the General Plan on daycares within the Project vicinity.

Therefore, SWAPE’s health risk calculations constitute significant new information demonstrating a health risk impact which is more severe than analyzed in the 2011 General Plan EIR. Reliance on a Community Plan Exemption or Addendum is therefore misplaced, and the Zoning Administrator lacks substantial evidence to approve the Project, absent preparation of a project-level EIR.

29 Id.
30 SWAPE Comments, p. 2.
31 SWAPE Comments, p. 7.
32 Id.
33 Bay Area Air Quality Management District 2022 CEQA Guidelines, Thresholds of Significance, p. 3-4.

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The CEQA Checklist also fails to support a CEQA exemption because it does not contain an HRA to adequately analyze impacts to nearby sensitive receptors within 1000 feet of the Project site. CEQA requires analysis of human health impacts. CEQA Guidelines Section 15065(a)(4) provides that the City is required to find a project will have a significant impact on the environment and prepare an EIR if the environmental effects of a project will cause a substantial adverse effect on human beings.34 The Supreme Court has also explained that CEQA requires the lead agency to disclose the health consequences that result from exposure to a project’s air emissions.35 Courts have held that an environmental review document must disclose a project’s potential health risks to a degree of specificity that would allow the public to make the correlation between the project’s impacts and adverse effects to human health.36

The Bay Area Air Quality Management District’s (“BAAQMD”) 2022 CEQA Guidelines specifically recommends that a quantified HRA be prepared for projects within 1000 feet of a school:

For proposed projects within 1000 feet of a school, the Air District recommends that a student analysis is included in the Health Risk Assessment (see Appendix E, Recommended Methods for Screening and Modeling Local Risks and Hazards). Additionally, for any project located within one-quarter mile of a school that involves the construction or alteration of a facility that might reasonably be anticipated to emit hazardous air emissions, or the handling of an extremely hazardous substance or mixture containing extremely hazardous substances in a quantity equal to or greater than the state threshold quantity specified in Health and Safety Code Section 25532(j), and that may impose a health or safety hazard to persons who would attend or would be employed at the school, the lead agency must consult with the affected school district or districts regarding the potential impact of the project on the school and notify the affected school district(s) of the project in writing, not less than 30 days before approval or certification of the negative declaration or EIR per State CEQA Guidelines Section 15186(b)(1)(2).
37 The Project is within 738 feet of the Happy Memories Shri’s Licensed Daycare, an early learning school and daycare. An HRA with a student analysis

34 PRC § 21083(b)(3), (d).
35 Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 516, 523. 36 Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184. 37 Bay Area Air Quality Management District, 2022 CEQA Guidelines, Section 5 Project-Level Air Quality Impacts, p. 5-1.

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should therefore be prepared to comply with CEQA and to accurately disclose and mitigate the Project’s significant health risk impacts.

1. Health Risk is Not Fully Mitigated by Uniformly Applied Development Policies, Standards, and Mitigation

SWAPE found that the SDRs under the Fremont Municipal Code and the General Plan EIR Mitigation Measures do not sufficiently mitigate health risk impacts to less than significant levels.38 SWAPE found that additional mitigation is required to reduce the Project’s significant health risk impacts. In particular, SWAPE recommends the following:

Require projects to use Tier 4 Final equipment or better for all engines above 50 horsepower (hp). In the event that construction equipment cannot meet to Tier 4 Final engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by SCAG before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, construction equipment with Tier 4 Interim or reduction in the number and/or horsepower rating of construction equipment and/or limiting the number of construction equipment operating at the same time. All equipment must be tuned and maintained in compliance with the manufacturer’s recommended maintenance schedule and specifications. All maintenance records for each equipment and their contractor(s) should make available for inspection and remain on-site for a period of at least two years from completion of construction, unless the individual project can demonstrate that Tier 4 engines would not be required to mitigate emissions below significance thresholds. Project sponsors should also consider including ZE/ZNE technologies where appropriate and feasible.

B. The City Cannot Rely on a Community Plan Exemption or Addendum to Approve the Project Because the Project May Result in Significant Air Quality Impacts that Are More Severe than Previously Analyzed and Require Additional Mitigation

The CEQA Checklist states that “During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by demolition, grading, paving, building, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx,

38 SWAPE Comments, p. 2.

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ROG, directly emitted particulate matter (PM2.5 and PM10), and TACs such as diesel exhaust particulate matter.”39 The CEQA Checklist incorrectly concludes that construction emissions associated with the Project would not exceed the BAAQMD’s thresholds for ROG, NOX, exhaust PM10, and exhaust PM2.5 emissions.”40 This statement is not supported by substantial evidence. SWAPE calculated that Project construction DPM emissions may exceed BAAQMD thresholds and result in significant environmental impacts and public health impacts.41 SWAPE found that construction emissions would therefore result in significant, unmitigated impacts on the nearby daycare, and that, when combined with operational emissions, result in significant unmitigated impacts that are not fully reduced by reliance on the SDR’s or General Plan mitigation measures.

The General Plan EIR concluded that air quality impacts would be significant and unavoidable, even with implementation of General Plan MM AIR-

3. 42 The City therefore has a duty to consider and implement additional feasible mitigation to further reduce significant air quality impacts from the Project.43 Moreover, SWAPE concludes that the combination of MM AIR-3 and Fremont Municipal Code Section 18.218.050 does not fully mitigate the Project’s air quality and health risk impacts. The City therefore cannot rely on CEQA exemptions and must prepare a project-level EIR to disclose and further mitigate these impacts.

The CEQA Checklist provides that “FMC Section 18.218.050(a) (which supersedes General Plan EIR Mitigation Measure AIR-3) would require the implementation of the BAAQMD’s Basic Construction Mitigation Measures to incorporate best management practices (BMPs) in order to ensure construction fugitive dust impacts would be at a less-than-significant level. Therefore, additional project-specific mitigation is not required. As such, construction of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS.”
44 However, the City’s exclusive reliance on Fremont Municipal Code Section

18.218.050(a) does not result in fully mitigated impacts. The City must therefore implement additional measures from General Plan EIR Mitigation Measure

39 CEQA Checklist, p. 22.
40 Id.
41 SWAPE Comments, p. 3.
42 CEQA Checklist, p. 16.
43 Covington v. Great Basin Unified Air Pollution Control Dist. (2019) 43 Cal.App.5th 867, 883. 44 Id.

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Mitigation AIR-3 as part of the Project’s Conditions of Approval, and must consider additional feasible mitigation.

Mitigation Measure AIR-3 requires applicants to “Implement BAAQMD- Recommended Measures to Control Particulate Matter Emissions during Construction. Measures to reduce diesel particulate matter and PM10 from construction are recommended to ensure that short-term health impacts to nearby sensitive receptors are avoided. Dust (PM10) Control Measures:

• Water all active construction areas at least twice daily and more often during windy periods. Active areas adjacent to residences should be kept damp at all times.
• Cover all hauling trucks or maintain at least two feet of freeboard. • Pave, apply water at least twice daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas.
• Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads. • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (i.e., previously-graded areas that are inactive for 10 days or more).
• Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles.
• Limit traffic speeds on any unpaved roads to 15 mph.
• Replant vegetation in disturbed areas as quickly as possible. • Suspend construction activities that cause visible dust plumes to extend beyond the construction site.
• Post a publicly-visible sign(s) with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Additional Measures to Reduce Diesel Particulate Matter and PM2.5 and other construction emissions:
• The developer or contractor shall provide a plan for approval by the City or BAAQMD demonstrating that the heavy-duty (>50 horsepower) off-road vehicles to be used in the construction project, including owned, leased and subcontractor vehicles, will achieve a project wide fleet average 20 percent NOx reduction and 45 percent particulate

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reduction compared to the most recent CARB fleet average for the year 2011 .
• The contractor shall install temporary electrical service whenever possible to avoid the need for independently powered equipment (e.g. compressors).
• Properly tune and maintain equipment for low emissions. 45 Mitigation Measure AIR-3 adds additional community public health and air quality protections above and beyond what Fremont Municipal Code Section

18.218.050(a). Fremont Municipal Code Section 18.218.050(a) requires only the following:

(A) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times daily. (B) All haul trucks transporting soil, sand, or other loose material off site shall be covered.
(C) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
(D) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. (E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading, unless seeding or soil binders are used.
(F) Idling times shall be minimized either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes (as required by California airborne toxics control measure 22 City of Fremont Title 13, Section 2485 of the California Code of Regulations). Clear signage shall be provided for construction workers at all access points. (G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
(H) A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number also shall be visible to ensure compliance with applicable regulations.

45 GP MM AIR-3 also contains a signage and 5-minute idling restriction which would not apply here since Municipal Code Section 18.218.050(a)(2)(I) replaced this less stringent measure with a 2- minute idling requirement.

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(I) Idling time of diesel-powered construction equipment shall be limited to two minutes.
(J) The project shall develop a plan demonstrating that the off-road equipment (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project-wide fleet-average 20 percent nitrogen oxide (NOx) reduction and 45 percent particulate matter (PM) reduction compared to the most recent Air Resources Board fleet average. Acceptable options for reducing emissions include the use of late model engines, low-emission diesel products, alternative fuels, engine retrofit technology, after-treatment products, add-on devices such as particulate filters, and/or other options as such become available.
(K) Low volatile organic compound (i.e., reactive organic gas) coatings beyond the local requirements (i.e., BAAQMD Regulation 8, Rule 3: Architectural Coatings) shall be used.
(L) All construction equipment, diesel trucks, and generators shall be equipped with best available control technology for emission reductions of NOx and PM.
(M) All contractors shall use equipment that meets the Air Resources Board’s most recent certification standard for off-road heavy-duty diesel engines.
46 Beyond these measures, the City must identify and implement additional mitigation to reduce the Project’s significant air quality and health risk impacts to the greatest extent feasible.

EBRRD recommends the Zoning Administrator revise the Conditions of Approval to add Mitigation Measure AIR-3 to adequately address the Project’s potentially significant construction air quality impacts.

C. The City Cannot Rely on a Community Plan Exemption or Addendum to Approve the Project Because the Project May Result in Significant Noise Impacts that are Peculiar to the Project and More Severe than Previously Analyzed

An EIR must be prepared because the Project results in potentially significant noise impacts, precluding reliance on a CEQA exemption. The CEQA Checklist provides that noise and vibration impacts from Project construction will

46 Fremont Municipal Code § 18.218.050(a).

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be less than significant.47 But, the General Plan provides that “[d]ue to the density of development anticipated in Fremont, notably in the Downtown of City Center and PDAs, some of these activities may take place near sensitive areas. In these cases, the mitigation measures listed above may not be sufficient to reduce groundborne vibrations below to a level considered less than significant. Therefore, this impact would be significant and unavoidable.”
48 Given the General Plan’s determination that noise and vibration impacts associated with development under the General Plan will be significant and unavoidable,
49 the City must disclose this as a significant Project impact in a project-level EIR and must implement all feasible mitigation to reduce the impact to the greatest extent feasible.5051 This will necessarily require implementation of General Plan Mitigation Measure NOI-1 through NOI-5 to reduce the Project’s potentially significant construction noise and vibration impacts, as well as consideration of additional mitigation to reduce noise and vibration impacts to the greatest extent feasible.

General Plan Mitigation Measure Impact NOI-2 provides that “[m]ethods available to mitigate project-generated noise level increases would need to be studied on a case-by-case basis. Noise reduction methods could include the following: • New or larger noise barriers or other noise reduction techniques could be constructed to protect sensitive outdoor use areas and existing residential land uses where reasonable and feasible. Final design of such barriers should be completed during project level review.”
52 This demonstrates that noise impacts
under the General Plan EIR were not analyzed on a project level. Such analysis must be included in an EIR before the Project can lawfully be approved.

A. The City Cannot Rely on A CEQA Exemption to Approve the Project Because the Project Has Significant Cumulative GHG Impacts

An EIR must be prepared and an exemption is improper, where, as here, the Project and successive projects of the same type in the same place will result in

47 CEQA Checklist, p. 67.
48 Fremont Draft General Plan Update EIR State Clearinghouse Number: 2010082060 (July 2011), p. 2-26.
49 Id.
50 Covington 43 Cal.App.5th at 883.
51 The City’s failure to implement Mitigation Measures NOI-1 through NOI-5 also results in nonconformance with the General Plan.
52 Fremont Draft General Plan Update EIR State Clearinghouse Number: 2010082060 (July 2011), p. 6-19.

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cumulative impacts.53 SWAPE concludes that the Project may result in significant greenhouse gas (“GHG”) impacts and that the CEQA Checklist does not provide substantial evidence that the Project is consistent with the Climate Action Plan.54 SWAPE confirmed that the Project Design Features would not adequately reduce the Project’s greenhouse gas emissions impacts to less than significant levels.55 Project GHG impacts may therefore be more severe than analyzed in the 2011 General Plan EIR and require analysis and mitigation in an EIR before the Project can lawfully be approved.

The 2011 General Plan EIR identifies potentially significant environmental impacts in the topics of Transportation and Circulation, Cultural and Archaeological Resources, Air Quality, Agricultural Resources, Noise, Utilities and Service Systems, Hydrology and Water Quality, and Global Climate Change.

Mitigation were identified to reduce all potentially significant effects to a less-than- significant level, except for the following:

• Unacceptable levels of service at specified intersections and on specified roadway segments
• Air quality emissions and Clean Air Plan consistency
• Noise increases related to traffic, and noise conflicts of incompatible uses and construction noise
• Potential demolition of cultural and historic resources • Loss or conversion of prime or unique farmland to urban uses, and • Cumulative greenhouse gas emissions
56 As demonstrated in SWAPE’s comments, absent additional mitigation, the Project will contribute to and exacerbate impacts from cumulative greenhouse gas emissions. The 2011 General Plan concluded that development under the General Plan will result in potentially significant, unmitigated cumulative greenhouse gas emissions, for which no mitigation would fully reduce the significant impacts. 57 Here, the Project’s increased contribution to the General Plan’s significant exceedances of cumulative greenhouse gas emissions is a project-level impact that is peculiar to the Project site, was not analyzed in the General Plan EIR, and will result in more severe GHG impacts than previously contemplated. These project- specific impacts must be analyzed in a project-level EIR.

53 14 CCR § 15300.2.
54 SWAPE Comments, p. 8.
55 Id.
56 Fremont, Resolution 2011-68 – CEQA Findings, Statement of Overriding Considerations & Mitigation Monitoring and Reporting Program Adoption, (Dec. 2011). 57 Id. at 13.

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IV. THE CITY CANNOT MAKE THE NECESSARY FINDINGS TO
APPROVE THE PROJECT’S ENTITLEMENTS

In order to approve a discretionary Design Review Permit, the Zoning Administrator must make the following findings:

(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;
(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; (c) The multifamily residential1 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. 58 As detailed herein, and in the expert consultant reports attached, the Project will result in a detriment to the public health and safety, due to the Project’s significant, unmitigated health risk and cancer risk impacts to nearby sensitive receptors including residences and a daycare within 738 feet of the Project site. The Zoning Administrator cannot make the necessary findings to approve the Project given the Projects significant detriment to the public health and safety and welfare.

Further, the Project is zoned P-81-15 and P-81-15B within the Ardenwood Planned District. But the CEQA Checklist includes no analysis of the Project’s conformity with the Ardenwood Planned District zoning requirements. The CEQA Checklist does not provide clarification whether the Project is required to conform with the Ardenwood Technology Park Planned District Rezoning Environmental Impact Report (SCH No. 2015052052) nor the Ardenwood Technology Park Planned District Amendment Environmental Impact Report (SCH No. 2015052052). The Zoning Administrator must determine the Project substantially complies with these zoning requirements and community plans before the Project can lawfully be approved.

V. CONCLUSION

58 Fremont Municipal Code § 18.235.060 (emphasis added).

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The Zoning Administrator lacks substantial evidence to rely on a CEQA exemption for Project approval. The Project results in potentially significant impacts which are peculiar to the Project and not fully mitigated by mitigation measures under the General Plan EIR or FMC SDR’s. The Project cannot be approved until the City complies with CEQA and prepares an Initial Study and an EIR for the Project.

Sincerely,

Kelilah D. Federman

:kdf

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EXHIBIT A

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2656 29th Street, Suite 201
Santa Monica, CA 90405
Paul E. Rosenfeld, PhD
(310) 795-2335
[email protected]
October 14, 2024
Kelilah Federman
Adams Broadwell Joseph & Cardozo
601 Gateway Blvd #1000
South San Francisco, CA 94080
Subject: Comments on the Ardenwood Warehouse Project
Dear Ms. Federman,
We have reviewed the Air Quality, Energy, and Greenhouse Gas Emissions Analysis Memorandum (“Memo”) for the Ardenwood Warehouse Project (“Project”) located in the City of Fremont (“City”). The Project proposes to construct 450,420-square-feet (“SF”) of commercial space and 1,378 parking spaces on the 24.2-acre site.

Our review concludes that the Memo fails to adequately evaluate the Project’s health risk and greenhouse gas impacts. As a result, emissions and health risk impacts associated with construction and operation of the proposed Project may be underestimated and inadequately addressed. A full CEQA analysis should be prepared to adequately assess and mitigate the potential air quality and greenhouse gas impacts that the project may have.

Air Quality
Diesel Particulate Matter Emissions Inadequately Evaluated The Memo conducts a health risk analysis (“HRA”) evaluating impacts as a result of exposure to diesel particulate matter (“DPM”) emissions from Project construction. Specifically, the Memo estimates that, after the implementation of Mitigation Measure (“MM”) AQ-1, the maximum cancer risk posed to nearby, existing residential sensitive receptors as a result of Project construction would be 2.17 in one million, which would not exceed the Bay Area Air Quality Management District (“BAAQMD”) significance threshold of 10 in one million (see excerpt below) (p. 33, Table D).

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 2 The Memo, however, fails to address the DPM impacts or evaluate the health risks associated with Project operation. The Memo’s evaluation of the Project’s potential health risk impacts, as well as the subsequent less-than-significant impact conclusion, lacks adequate support.

Regarding the Project’s impacts due to exposure to construction related DPM emissions, the Memo asserts that “the project would not be a source of substantial emissions” (p. 33). By not preparing a quantified operational HRA, however, the Project is inconsistent with to California Environmental Quality Act (“CEQA”)’s requirement to make “a reasonable effort to substantively connect a project’s air quality impacts to likely health consequences.”1 Additionally, the Project is inconsistent with the California Department of Justice (“CA DOJ”), which recommends that all warehouse projects prepare a quantitative HRA in accordance with the Office of Environmental Health Hazard Assessment (“OEHHA”), the organization responsible for providing guidance on conducting HRAs in California. 2 Furthermore, although the Memo includes a construction HRA assessing health risk impacts to nearby existing receptors, it fails to evaluate the combined lifetime cancer risk to these receptors from both Project construction and operation. According to OEHHA guidance, “the excess cancer risk is calculated separately for each age grouping and then summed to yield cancer risk at the receptor location.” 3 The
Memo’s HRA fails to sum each age bin to evaluate the total cancer risk over the course of the Project’s total construction and operation. An updated analysis should prepared to quantify the sum of the Project’s construction and operational health risks and compare it to the BAAQMD threshold of 10 in one million, as referenced by the Memo (p. 71, Table 3-4).

Screening-Level Analysis Demonstrates Potentially Significant Health Risk Impact We prepared a screening-level risk assessment using AERSCREEN, a screening level air quality dispersion model.4 AERSCREEN utilizes a limited amount of site-specific information to generate maximum

1 “Sierra Club v. County of Fresno.” Supreme Court of California, December 2018, available at:
https://ceqaportal.org/decisions/1907/Sierra%20Club%20v.%20County%20of%20Fresno.pdf. 2 “Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act.” CA DOJ, available at: https://oag.ca.gov/sites/all/files/agweb/pdfs/environment/warehouse-best- practices.pdf, p. 6.
3 “Guidance Manual for preparation of Health Risk Assessments.” OEHHA, February 2015, available at:
https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf p. 8-4 4 “Air Quality Dispersion Modeling - Screening Models,” U.S. EPA, available at: https://www.epa.gov/scram/air- quality-dispersion-modeling-screening-models.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 3 reasonable downwind concentrations of air contaminants to which nearby sensitive receptors may be exposed. If an unacceptable air quality hazard is determined to be possible using AERSCREEN, a more refined modeling approach should be conducted prior to the approval of the Project.

We prepared a preliminary HRA of the Project’s construction and operational health risk impact to residential sensitive receptors using the annual PM2.5 exhaust estimates from the Memo’s CalEEMod output files. Consistent with recommendations set forth by OEHHA, we assumed residential exposure begins during the third trimester stage of life.5 The Memo’s CalEEMod model indicates that construction activities will generate approximately 267 pounds of DPM over the 723-day construction period.6 The AERSCREEN model relies on a continuous average emission rate to simulate maximum downward concentrations from point, area, and volume emission sources. To account for the variability in equipment usage and truck trips over Project construction, we calculated an average DPM emission rate by the following equation:

𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 �𝑔𝑔𝑔𝑔𝑅𝑅𝐸𝐸𝐸𝐸
𝐸𝐸𝑅𝑅𝑠𝑠𝐸𝐸𝐸𝐸𝑠𝑠� = 266.8 𝑙𝑙𝑙𝑙𝐸𝐸
732 𝑠𝑠𝑅𝑅𝑑𝑑𝐸𝐸 × 453.6 𝑔𝑔𝑔𝑔𝑅𝑅𝐸𝐸𝐸𝐸
𝑙𝑙𝑙𝑙𝐸𝐸 × 1 𝑠𝑠𝑅𝑅𝑑𝑑
24 ℎ𝐸𝐸𝑜𝑜𝑔𝑔𝐸𝐸 × 1 ℎ𝐸𝐸𝑜𝑜𝑔𝑔
3,600 𝐸𝐸𝑅𝑅𝑠𝑠𝐸𝐸𝐸𝐸𝑠𝑠𝐸𝐸 = 𝟎𝟎. 𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎 𝒈𝒈/𝒔𝒔
Using this equation, we estimated a construction emission rate of 0.00191 grams per second (“g/s”).

Subtracting the 732-day construction period from the total residential duration of 30 years, we assumed that after Project construction, the sensitive receptor would be exposed to the Project’s operational DPM for an additional 27.99 years. The Memo’s operational CalEEMod emissions indicate that operational activities will generate approximately 80 pounds of DPM per year throughout operation.

Applying the same equation used to estimate the construction DPM rate, we estimated the following emission rate for Project operation:

𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 �𝑔𝑔𝑔𝑔𝑅𝑅𝐸𝐸𝐸𝐸
𝐸𝐸𝑅𝑅𝑠𝑠𝐸𝐸𝐸𝐸𝑠𝑠� = 80 𝑙𝑙𝑙𝑙𝐸𝐸
365 𝑠𝑠𝑅𝑅𝑑𝑑𝐸𝐸 × 453.6 𝑔𝑔𝑔𝑔𝑅𝑅𝐸𝐸𝐸𝐸
𝑙𝑙𝑙𝑙𝐸𝐸 × 1 𝑠𝑠𝑅𝑅𝑑𝑑
24 ℎ𝐸𝐸𝑜𝑜𝑔𝑔𝐸𝐸 × 1 ℎ𝐸𝐸𝑜𝑜𝑔𝑔
3,600 𝐸𝐸𝑅𝑅𝑠𝑠𝐸𝐸𝐸𝐸𝑠𝑠𝐸𝐸 = 𝟎𝟎. 𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎𝟎 𝒈𝒈/𝒔𝒔

Using this equation, we estimated an operational emission rate of 0.00115 g/s. Construction and operation were simulated as a 24.2-acre rectangular area source in AERSCREEN, with approximate dimensions of 443- by 221-meters. A release height of three meters was selected to represent the height of stacks of operational equipment and other heavy-duty vehicles, and an initial vertical dimension of one and a half meters was used to simulate instantaneous plume dispersion upon release.

A rural meteorological setting was selected with model-default inputs for wind speed and direction distribution. The population of Fremont was obtained from U.S. 2022 Census data.7 The AERSCREEN model generates maximum reasonable estimates of single-hour DPM concentrations from the Project Site. The United States Environmental Protection Agency (“U.S. EPA”) suggests that the

5 “Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-18. 6 See Attachment A for health risk calculations.
7 “Fremont.” U.S. Census Bureau, 2022, available at: https://datacommons.org/place/geoId/0626000.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 4 annualized average concentration of an air pollutant be estimated by multiplying the single-hour concentration by 10% in screening procedures.8 Regarding sensitive receptors, the Memo states:
“The proposed project site is located in an urban area in close proximity to existing residential uses that could be exposed to diesel emission exhaust during the construction period” (p. 31).

Review of Google Earth shows that the nearest residential sensitive receptors are residences and the "Happy Memories Shri's Licensed Daycare" located adjacent to the Project site (see screenshot below).

The maximally exposed individual resident (“MEIR”), however, is located approximately 225 meters downwind of the Project site. Consequently, the single-hour concentration estimated by AERSCREEN for Project construction is approximately 1.392 µg/m3 DPM at approximately 225 meters downwind.

Multiplying this single-hour concentration by 10%, we get an annualized average concentration of 0.139 µg/m3 for Project construction at the MEIR. For Project operation, the single-hour concentration estimated by AERSCREEN is 0.5569 µg/m3 DPM at approximately 225 meters downwind. Multiplying this single-hour concentration by 10%, we get an annualized average concentration of 0.0557 µg/m3 for Project operation at the MEIR.9

8 “Screening Procedures for Estimating the Air Quality Impact of Stationary Sources Revised.” U.S. EPA, October 1992, available at: https://www.epa.gov/sites/default/files/2020-09/documents/epa-454r-92-019_ocr.pdf. 9 See Attachment B for AERSCREEN output files.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 5 We calculated the excess cancer risk to the MEIR using applicable HRA methodologies prescribed by OEHHA, as recommended by BAAQMD.10 Specifically, guidance from OEHHA and the California Air Resources Board recommends the use of a standard point estimate approach, including high-point estimate (i.e. 95th percentile) breathing rates and age sensitivity factors (“ASF”) in order to account for the increased sensitivity to carcinogens during early-in-life exposure and accurately assess risk for susceptible subpopulations such as children. The residential exposure parameters, such as the daily breathing rates (“BR/BW”), exposure duration (“ED”), age sensitivity factors (“ASF”), fraction of time at home (“FAH”), and exposure frequency (“EF”) utilized for the various age groups in our screening-level HRA are as follows:

10 “California Environmental Quality Act Air Quality Guidelines.” BAAQMD, May 2017, available at:
http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en, p. 56; see also “Health Risk Screening and Modeling” BAAQMD, available at: https://www.baaqmd.gov/plans-and- climate/california-environmental-quality-act-ceqa/ceqa-tools/health-risk-screening-and-modeling

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 6 Exposure Assumptions for Residential Individual Cancer Risk Age Group
Breathing
Rate
(L/kg-day)11
Age
Sensitivity
Factor12
Exposure
Duration
(years)
Fraction of
Time at
Home13
Exposure
Frequency
(days/year)14
Exposure
Time
(hours/day)
3rd Trimester 361 10 0.25 0.85 350 24
Infant (0 – 2) 1090 10 2 0.85 350 24
Child (2 – 16) 572 3 14 0.72 350 24
Adult (16 – 30) 261 1 14 0.73 350 24
For the inhalation pathway, the procedure requires the incorporation of several discrete variates to effectively quantify dose for each age group. Once determined, contaminant dose is multiplied by the cancer potency factor (“CPF”) in units of inverse dose expressed in milligrams per kilogram per day (mg/kg/day-1) to derive the cancer risk estimate. Therefore, to assess exposures, we utilized the following dose algorithm:

𝐷𝐷𝐸𝐸𝐸𝐸𝑅𝑅𝐴𝐴𝐴𝐴𝐴𝐴,,𝑝𝑝𝑝𝑝𝑝𝑝 𝑎𝑎𝑎𝑎𝑝𝑝 𝑎𝑎𝑝𝑝𝑔𝑔𝑔𝑔𝑝𝑝 = 𝐶𝐶𝑎𝑎𝑎𝑎𝑝𝑝 × 𝐸𝐸𝐸𝐸 × � 𝐵𝐵𝑅𝑅 𝐵𝐵𝐵𝐵� × 𝐴𝐴 × 𝐶𝐶𝐸𝐸
where:

DoseAIR = dose by inhalation (mg/kg/day), per age group Cair = concentration of contaminant in air (μg/m3)
EF = exposure frequency (number of days/365 days)
BR/BW = daily breathing rate normalized to body weight (L/kg/day)

11 “Air Toxics NSR Program Health Risk Assessment Guidelines.” BAAQMD, December 2016, available at:
https://www.baaqmd.gov/~/media/files/planning-and-research/permit- modeling/hra_guidelines_12_7_2016_clean-
pdf.pdf?la=en#:~:text=To%20assess%20potential%20inhalation%20exposure%20to%20offsite%20workers%2C%20 OEHHA%20recommended,for%20an%20eight%2Dhour%20day, p. 6; see also “Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at:
https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. 12 “Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 8-5 Table 8.3. 13 “Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 5-24; see also: “Air Toxics NSR Program Health Risk Assessment Guidelines.” BAAQMD, December 2016, available at:
https://www.baaqmd.gov/~/media/files/planning-and-research/permit- modeling/hra_guidelines_12_7_2016_clean-
pdf.pdf?la=en#:~:text=To%20assess%20potential%20inhalation%20exposure%20to%20offsite%20workers%2C%20 OEHHA%20recommended,for%20an%20eight%2Dhour%20day, p. 4, 5. 14 “Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 5-24.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 7 A = inhalation absorption factor (default = 1)
CF = conversion factor (1x10-6, μg to mg, L to m3)
To calculate the overall cancer risk, we used the following equation for each appropriate age group:

𝐶𝐶𝑅𝑅𝐸𝐸𝑠𝑠𝑅𝑅𝑔𝑔 𝑅𝑅𝐸𝐸𝐸𝐸𝑅𝑅𝐴𝐴𝐴𝐴𝐴𝐴 = 𝐷𝐷𝐸𝐸𝐸𝐸𝑅𝑅𝐴𝐴𝐴𝐴𝐴𝐴 × 𝐶𝐶𝐶𝐶𝐸𝐸 × 𝐴𝐴𝐴𝐴𝐸𝐸 × 𝐸𝐸𝐴𝐴𝐹𝐹 × 𝐸𝐸𝐷𝐷 𝐴𝐴𝐴𝐴
where:

DoseAIR = dose by inhalation (mg/kg/day), per age group CPF = cancer potency factor, chemical-specific (mg/kg/day)-1 ASF = age sensitivity factor, per age group
FAH = fraction of time at home, per age group (for residential receptors only) ED = exposure duration (years)
AT = averaging time period over which exposure duration is averaged (always 70 years) Consistent with the 732-day construction schedule, the annualized average concentration for operation was used for the remainder of the 30-year exposure period, which makes up the latter 1.76 years of the infant stage of life, the entire child stage of life (2 – 16 years), and the entire adult stage of life (16 – 30 years). The results of our calculations are shown in the table below.

The Maximally Exposed Individual at an Existing Residential Receptor Age Group Emissions Source Duration (years) Concentration (ug/m3) Cancer Risk
3rd Trimester Construction 0.25 0.1392 1.61E-06
Construction 1.76 0.1392 3.41E-05
Operation 0.24 0.0555 1.89E-06
Infant (0 - 2) Total 2 3.60E-05
Child (2 - 16) Operation 14 0.0555 1.45E-05
Adult (16 - 30) Operation 14 0.0555 2.23E-06
Lifetime 30 5.43E-05
As demonstrated in the table above, the excess cancer risks for infants, children, and adults at the MEIR located approximately 225 meters away, over the course of Project operation, are approximately 1.61,

36.0, 14.5, and 2.23 in one million, respectively. The excess cancer risk associated with Project operation is approximately 54.3 in one million. As such, the lifetime cancer risk exceeds the BAAQMD threshold of

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The purpose of the screening-level construction and operational HRA shown above is to demonstrate the link between the proposed Project’s emissions and the potential health risk. Our screening-level HRA demonstrates that construction and operation of the Project could result in a potentially significant health risk impact, when correct exposure assumptions and up-to-date, applicable guidance are used.

Therefore, since our screening-level HRA indicates a potentially significant impact, a full CEQA analysis should be prepared and include updated, quantified air pollution model as well as an updated, quantified refined HRA which adequately and accurately evaluates health risk impacts associated with both Project construction and operation.

Greenhouse Gas
Failure to Adequately Evaluate Greenhouse Gas Impacts
The Memo relies upon the Project’s consistency with the City’s Climate Action Plan (“CAP”) in order to conclude a less-than-significant greenhouse gas (“GHG”) impact (p. 36 – 39, Table F) (see excerpt below).

Note: The table has been redacted for the viewer’s convenience.

The Memo consequently concludes:
“As demonstrated in Table F above, the proposed project would be consistent with the applicable strategies from Climate Ready Fremont. Therefore, the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment” (p. 36 – 39).

The Memo, however, fails to adequately demonstrate that the Project would be consistent with the City’s CAP. While the Memo claims that the Project would be consistent with the City’s CAP by implementing the project design features (“PDFs”), we are unable to verify that the above-mentioned

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“While not ‘mitigation’, a good practice is to include those project design feature(s) that address environmental impacts in the mitigation monitoring and reporting program (MMRP). Often the MMRP is all that accompanies building and construction plans through the permit process. If the design features are not listed as important to addressing an environmental impact, it is easy for someone not involved in the original environmental process to approve a change to the project that could eliminate one or more of the design features without understanding the resulting environmental impact.”
PDF’s that are not formally included in a mitigation monitoring and reporting program (“MMRP”) may be eliminated from the Project’s design altogether. As the above-mentioned measures from the City’s CAP are not formally included as mitigation measures, we are unable to guarantee that they will be adequately implemented, monitored, and enforced on the Project site. The Memo does not correctly demonstrate that the Project would be consistent with the City’s CAP, and the unsupported GHG analysis should not be relied upon to determine Project significance.

Mitigation
Feasible Mitigation Measures Available to Reduce Emissions According to CEQA Guidelines § 15096(g)(2):
“When an updated EIR has been prepared for a project, the Responsible Agency shall not approve the project as proposed if the agency finds any feasible alternative or feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the project would have on the environment.”
The City is consequently required under CEQA to implement all feasible mitigation to reduce the Project’s potential impacts. As demonstrated in the sections above, the Project would result in potentially significant health risk impacts that should be mitigated further.

In order to reduce the DPM emissions associated with Project construction and operation, we recommend the City consider several mitigation measures (see list below).

The Southern California Association of Governments (“SCAG”)’s 2020 RTP/SCS Program Environmental Impact Report (“PEIR”) Air Quality Project Level Mitigation Measures (“PMM-AQ-1”) recommends the following:
15 • Require contractors to assemble a comprehensive inventory list (i.e., make, model, engine year, horsepower, emission rates) of all heavy-duty off-road (portable and mobile) equipment (50

15 “4.0 Mitigation Measures.” Connect SoCal Program Environmental Impact Report Addendum #1, September 2020, available at: https://scag.ca.gov/sites/main/files/file- attachments/fpeir_connectsocal_addendum_4_mitigationmeasures.pdf?1606004420, p. 4.0-2 – 4.0-10; 4.0-19 –

4.0-23; See also: “Certified Final Connect SoCal Program Environmental Impact Report.” SCAG, May 2020, available at: https://scag.ca.gov/peir.

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• Utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators.
• Develop a traffic plan to minimize community impacts as a result of traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service. Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites. Project sponsors should consider developing a goal for the minimization of community impacts. • Require projects to use Tier 4 Final equipment or better for all engines above 50 horsepower (hp). In the event that construction equipment cannot meet to Tier 4 Final engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by SCAG before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, construction equipment with Tier 4 Interim or reduction in the number and/or horsepower rating of construction equipment and/or limiting the number of construction equipment operating at the same time. All equipment must be tuned and maintained in compliance with the manufacturer’s recommended maintenance schedule and specifications. All maintenance records for each equipment and their contractor(s) should make available for inspection and remain on-site for a period of at least two years from completion of construction, unless the individual project can demonstrate that Tier 4 engines would not be required to mitigate emissions below significance thresholds. Project sponsors should also consider including ZE/ZNE technologies where appropriate and feasible.
• Provide traffic calming measures, such as:
o Marked crosswalks,
o Count-down signal timers,
o Curb extensions,
o Raised crosswalks,
o Raised intersections,
o Median islands,
o Tight corner radii,
o Roundabouts or mini-circles, and
o On-street parking Chicanes/chokers.
• Create urban non-motorized zones.

Under Mitigation Measure AIR-3, the General Plan requires additional measures beyond those detailed in Fremont Municipal Code Section 18.218.050(a). The following mitigation measures should be included to reduce the Projects potentially significant DPM emissions.

• Additional Measures to Reduce Diesel Particulate Matter and PM2.5 and other construction emissions:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 11 • The developer or contractor shall provide a plan for approval by the City or BAAQMD demonstrating that the heavy-duty (>50 horsepower) off-road vehicles to be used in the construction project. including owned. leased and subcontractor vehicles. will achieve a project wide fleet-average 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent CARB fleet average for the year 2011
• The contractor shall install temporary electrical service whenever possible to avoid the need for independently powered equipment (e.g. compressors).

The CalEEMod User’s Guide confirms that the methods for mitigating DPM emissions include the use of “alternative fuel, electric equipment, diesel particulate filters (DPF), oxidation catalysts, newer tier engines, and dust suppression.”16
As demonstrated above, we have provided several mitigation measures that would reduce Project- related DPM emissions. These measures offer a cost-effective, feasible way to incorporate lower- emitting design features into the proposed Project, which subsequently reduce emissions released during Project construction and operation.

A full CEQA analysis should be prepared that includes all feasible mitigation measures, as well as updated health risk analysis to ensure that the necessary mitigation measures are implemented to reduce emissions to the maximum extent feasible. The Memo should also demonstrate a commitment to the implementation of these measures prior to Project approval, to ensure that the Project’s potentially significant emissions are reduced to the maximum extent possible.

Disclaimer
SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties.

Sincerely,

Paul E. Rosenfeld, Ph.D.

16 “Calculation Details for CalEEMod.” CAPCOA, May 2021, available at: http://www.aqmd.gov/docs/default- source/caleemod/user-guide-2021/appendix-a2020-4-0.pdf?sfvrsn=6, Appendix A, p. 60.

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SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.

Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: [email protected]
Paul E. Rosenfeld, Ph.D. Page 1 of 10 October 2021
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.

M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.

B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.

Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.

Rosenfeld has evaluated and modeled emissions from oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, industrial, military and agricultural sources, unconventional oil drilling operations, and locomotive and construction engines. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has also successfully modeled exposure to contaminants distributed by water systems and via vapor intrusion.

Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, creosote, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at sites and has testified as an expert witness on numerous cases involving exposure to soil, water and air contaminants from industrial, railroad, agricultural, and military sources.

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Professional History:

Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist

Publications:

Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48

Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342

Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.

Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.

Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.

Procedia Environmental Sciences. 113–125.

Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.

Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327.

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Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.

Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530.

Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197.

Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.

Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.

Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing

Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178.

Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004.

Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.

Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178.

Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.

Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.

Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191.

Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668.

Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367.

Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393.

Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.

Water Environment Research. 131(1-4), 247-262.

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Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State.

Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).

Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1).

Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.

Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California.

Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California.

Presentations:

Rosenfeld, P.E., "The science for Perfluorinated Chemicals (PFAS): What makes remediation so hard?" Law Seminars International, (May 9-10, 2018) 800 Fifth Avenue, Suite 101 Seattle, WA.

Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA.

Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.

Urban Environmental Pollution. Lecture conducted from Boston, MA.

Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.

Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ.

Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ.

Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia.

Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International

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Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA.

Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.

Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway.

Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts.

Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.

Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA.

Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California.

Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.

Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.

Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.

International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia.

Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.

Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.

Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.

Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.

Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.

Lecture conducted from Phoenix Arizona.

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Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.

Meeting of tribal representatives. Lecture conducted from Parker, AZ.

Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.

Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California.

Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.

Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.

Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.

Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.

Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.

Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.

Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.

Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.

Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..

Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland.

Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California.

Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California.

Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California.

Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.

Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah.

Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington.

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Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.

Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.

Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California.

Teaching Experience:

UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants.

National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks.

National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.

California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.

UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation.

University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability.

U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.

Academic Grants Awarded:

California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.

Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.

Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.

Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.

King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998.

Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997.

James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996.

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United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995.

Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993

Deposition and/or Trial Testimony:

In the Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 5-14-2021
Trial, October 8-4-2021

In the Circuit Court of Cook County Illinois
Joseph Rafferty, Plaintiff vs. Consolidated Rail Corporation and National Railroad Passenger Corporation d/b/a AMTRAK,
Case No.: No. 18-L-6845
Rosenfeld Deposition, 6-28-2021

In the United States District Court For the Northern District of Illinois Theresa Romcoe, Plaintiff vs. Northeast Illinois Regional Commuter Railroad Corporation d/b/a METRA Rail, Defendants
Case No.: No. 17-cv-8517
Rosenfeld Deposition, 5-25-2021

In the Superior Court of the State of Arizona In and For the Cunty of Maricopa Mary Tryon et al., Plaintiff vs. The City of Pheonix v. Cox Cactus Farm, L.L.C., Utah Shelter Systems, Inc.

Case Number CV20127-094749
Rosenfeld Deposition: 5-7-2021

In the United States District Court for the Eastern District of Texas Beaumont Division Robinson, Jeremy et al Plaintiffs, vs. CNA Insurance Company et al.

Case Number 1:17-cv-000508
Rosenfeld Deposition: 3-25-2021

In the Superior Court of the State of California, County of San Bernardino Gary Garner, Personal Representative for the Estate of Melvin Garner vs. BNSF Railway Company.

Case No. 1720288
Rosenfeld Deposition 2-23-2021

In the Superior Court of the State of California, County of Los Angeles, Spring Street Courthouse Benny M Rodriguez vs. Union Pacific Railroad, A Corporation, et al.

Case No. 18STCV01162
Rosenfeld Deposition 12-23-2020

In the Circuit Court of Jackson County, Missouri
Karen Cornwell, Plaintiff, vs. Marathon Petroleum, LP, Defendant.

Case No.: 1716-CV10006
Rosenfeld Deposition. 8-30-2019

In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.

Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019

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In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant.

Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019

In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019

In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19

In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case No.: 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018

In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No.: 1923
Rosenfeld Deposition, 11-17-2017

In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481
Rosenfeld Deposition, 11-20-2017

In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017

In United States District Court For The Southern District of Mississippi Guy Manuel vs. The BP Exploration et al., Defendants
Case: No 1:19-cv-00315-RHW
Rosenfeld Deposition, 4-22-2020

In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018

In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017

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Paul E. Rosenfeld, Ph.D. Page 10 of 10 October 2021

In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017

In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115
Rosenfeld Deposition, September 2015

In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187
Rosenfeld Deposition, August 2015

In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.

Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015

In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980
Rosenfeld Deposition: May 2015

In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.

Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014

In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.

Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014

In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012

In the United States District Court for the Middle District of Alabama, Northern Division James K. Benefield, et al., Plaintiffs, vs. International Paper Company, Defendant.

Civil Action Number 2:09-cv-232-WHA-TFM
Rosenfeld Deposition: July 2010, June 2011

In the Circuit Court of Jefferson County Alabama
Jaeanette Moss Anthony, et al., Plaintiffs, vs. Drummond Company Inc., et al., Defendants Civil Action No. CV 2008-2076
Rosenfeld Deposition: September 2010

In the United States District Court, Western District Lafayette Division Ackle et al., Plaintiffs, vs. Citgo Petroleum Corporation, et al., Defendants.

Case Number 2:07CV1052
Rosenfeld Deposition: July 2009

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KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
ALAURA R. MCGUIRE
TARA C. RENGIFO

Of Counsel
MARC D. JOSEPH
DANIEL L. CARDOZO

SACRAMENTO OFFICE

520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814 -4721
TEL: ( 916) 444- 6201
FAX: (916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080 - 7037
___________

TEL: (650) 589- 1660
FAX: (650) 589 - 5062
[email protected]

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October 23, 2024

Via Electronic Submission, Email, and Overnight Mail

Marc Cleveland, Associate Planner
Mark Hungerford, Project Planner
Community Development
Department, Planning Division
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Emails: [email protected]

[email protected]

Joel Pullen, Planning Manager
[email protected]

Fremont Planning Commissioners
Yonggang Zhang, Chair;
Members: Jasmine Basrai, Vice Chair;
Charles Haiyun Liu;
Shobana Ramamurthi; Benjie Craig;
Benjamin Yee
Emails: [email protected]
;
[email protected];
[email protected];
[email protected];
[email protected];
[email protected]

Re: Appeal to Planning Commission of Zoning Administrator Approval of Ardenwood at Paseo Project Discretionary Design Review Permit (PLN2022-00466)

Dear Mr. Cleveland, Mr. Hungerford, Mr. Pullen, and Honorable Commissioners:

We are writing on behalf of East Bay Residents for Responsible Development (“East Bay Residents” or “EBRRD”) to appeal the October 15, 2024 Fremont Zoning Administrator approval of the Discretionary Design Review Permit for the Ardenwood at Paseo Project (PLN2022-00466) (“Project”) proposed by Gavin Christenson, H&R Ardenwood and Evan Sockalosky, Arc Tec, Inc. (collectively the “Applicant”) to the City of Fremont (“City”) and the Zoning Administrator’s approval of the CEQA Environmental Consistency Checklist (“CEQA Checklist”) 1 prepared for the Project (collectively, “Appeal”). This Appeal is filed pursuant to the City of Fremont Municipal Code Chapter 18.300.

East Bay Residents appeals all actions taken by the Zoning Administrator on October 15, 2024 with regard to the Project, including but not limited to the Zoning

1 City of Fremont, Zoning Administrator Agenda Item 1. Ardenwood at Paseo – Informational Item No. 1 – CEQA Determination (Oct. 15, 2024) (hereinafter “CEQA Checklist”).

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Administrator’s decision to approve the Project pursuant to CEQA exemptions.

East Bay Residents respectfully requests that the Commission uphold this appeal, vacate the Zoning Administrator’s October 15, 2024 decision to approve the Project, and require Staff to withdraw the CEQA Checklist and prepare a legally adequate project-level environmental impact report (“EIR”) for the Project to address all potentially significant impacts of the Project.

This Appeal is filed within 10 calendar days of the Zoning Administrator’s decision, and is accompanied by the following:

• Required appeal form and attachments;
• Appeal fee of $2,450;
• Issues on Appeal: Comments filed with the Zoning Administrator ahead of the October 15, 2024 hearing on the Project, along with accompanying exhibits and expert comments, are attached hereto as Exhibit A.

I. STATEMENT OF INTEREST

Appellants East Bay Residents is an unincorporated association of individuals and labor organizations directly affected by the Project. The association includes the UA Plumbers and Pipefitters Local 342, International Brotherhood of Electrical Workers Local 595, Sheet Metal Workers Local 104, Sprinkler Fitters Local 483, and their members and their families who live and/or work in the City of Fremont and Alameda County. EBRRD’s members would be directly affected by the Project’s unmitigated impacts. Individual members may also work on the Project itself. They would therefore be first in line to be exposed to any health and safety hazards that may exist on the Project site.

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II. PROCEDURAL REQUIREMENTS

Municipal Code Section 18.300.030 states that “[a]ppeals may be filed by any interested party. An appeal shall be submitted in writing, on any form prescribed for that purpose by the city and accompanied by the required fee, and shall state the decision appealed from, the facts and basis for the appeal, and the relief or action sought.”2 Appeals must be filed within 10 calendar days following the date of the decision being appealed.3

This appeal is timely filed within 10 calendar days of the Zoning Administrator’s October 15, 2024 decision to approve the Project. The appeal is accompanied by the required appeal form (Universal Planning Application), the appeal fee of $2,450,4 and comments and evidence providing the basis for the appeal, in compliance with the City’s procedural requirements.

The Universal Planning Application also requires Appellants to attach a Reimbursement Agreement. We understand that East Bay Residents’ Appeal filing will be rejected and not filed unless it is accompanied by a signed Reimbursement Agreement. The Reimbursement Agreement is therefore included with this filing under protest. As East Bay Residents has previously explained to the City, 5 the
City’s practice of requiring members of the public to sign an open-ended Reimbursement Agreement with the City as a condition of filing an administrative land use appeal as members of the public is a violation of law.

2 Fremont Municipal Code § 18.300.030(a).
3 Fremont Municipal Code § 18.300.030(b).
4 City of Fremont Fee Schedule (With Developer Deposit Schedule) (July 8, 2024), available at:
https://www.fremont.gov/home/showpublisheddocument/13864/638573532122970000. 5 East Bay Residents previously objected to the City’s use of the Reimbursement Agreement in its 2023 and 2024 administrative appeals of the Fremont Hub Mixed-Use Project (PLN2022-00487) and Gateway Plaza Apartments Project (PLN2023-00198), in which East Bay Residents’ representatives were required to sign the Reimbursement Agreements as a condition of the appeal filings being accepted by the City.
6 See City of Fremont, Universal Planning Application, Part II, Reimbursement Agreement .

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illegal contract that is void as against public policy.7 The Reimbursement Agreements are also an unduly burdensome requirement which violates EBRRD’s procedural due process rights because it imposes an undue burden on Appellants’ pursuit of an administrative appeal to exhaust administrative remedies required by law.8

III. BASIS FOR APPEAL

The basis for this appeal is set forth in East Bay Residents’ October 15, 2024 comments to the Zoning Administrator,9 as well as supplemental comments and evidence that will be presented to the Planning Commission on appeal.

East Bay Residents’ comments explain that the City’s decision to rely on a streamlining exemption pursuant to CEQA Guidelines Section 15183 (Community Plan Exemption)10 and a CEQA addendum pursuant to CEQA Guidelines Sections 15162 violated CEQA and were not supported by substantial evidence because the Project has new or more severe significant impacts than previously analyzed in the 2011 General Plan Update EIR which are peculiar to the Project site and were not known and could not have been known at the time of the EIR’s certification. These impacts are not fully mitigated by the General Plan EIR mitigation measures or the City’s Standard Development Requirements (“SDRs”) and therefore require disclosure and additional mitigation in a project-level EIR. The specific issues presented to the Zoning Administrator are summarized in Exhibit A.

Pursuant to the Municipal Code, the Planning Commission’s review of all appeals “shall be de novo” and appeal review bodies are “not bound by the decision that has been appealed or limited to the issues raised on appeal.” 11 Accordingly, we
reserve the right to supplement this appeal with additional written comments and supporting evidence,12 including but not limited to the City’s appeal fee and deposit structure, prior to consideration by the Planning Commission.

7 See Civil Code §§ 1608, 1667; Yoo v. Jho (2007) 147 Cal.App.4th 1249, 1251; see Trumbo v. Bank of Berkeley (1947) 77 Cal.App.2d 704, 710 (“The law does not imply a promise to pay for services illegally rendered under a contract expressly prohibited by statute.”). 8 California Teachers Ass’n v. State of Cal. (1999) 20 Cal. 4th 327, 331. 9 See Exhibit A.
10 14 CCR § 15183(a)-(c).
11 Id. at § 18.300.050.
12 Gov. Code § 65009(b); PRC § 21177(a); Bakersfield Citizens for Local Control v. Bakersfield (“Bakersfield”) (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121.

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IV. CONCLUSION

For the reasons stated herein, and as will be presented to the Planning Commission on appeal, East Bay Residents urges the Planning Commission to reverse the Zoning Administrator’s approval of the Project, and require staff to prepare a project-level EIR. Thank you for your consideration.

Sincerely,

Kelilah D. Federman

Attachments
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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

PLANNING PERMIT APPLICATION
Applicants who submit their application online through the City’s Accela Citizen Access portal are not required to separately complete the Planning Permit Application form. Please refer to the following pages for the Planning Project Submittal Requirements.

PROJECT INFORMATION
Project Name:

NOTE: For residential projects, the project name is often the homeowner’s last name followed by a description of the work (i.e. “Smith Second Story Addition”.) For commercial and industrial projects, the project name is often the company name followed by a description of the work (i.e. “City of Fremont Addition and Site Improvements”).

Project Site Address:

APN(s):

Project Description:

APPLICANT: (PERSON REQUESTING THE FILING OF THIS APPLICATION) Name:

Company:

Address:

Phone:

Email Address:

Fremont Tax ID:

PROPERTY OWNER:

Name:

Company:

Address:

Phone:

Email Address:

Fremont Tax ID:

Applicant Signature: Date:

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PLANNING PROJECT DEPOSITS (EFFECTIVE 7/8/2024)
Design Review Environmental
Discretionary (Public Hearing Required) Environmental Assessment (EA) $5,400 Planning Commission $21,000 Consultant Services – As
Zoning Administrator $6,200 Special Studies or EA Negotiated Historical Architectural Review Board Administrative Processing – 25% of New/Modification Single/Two-Family $8,000 Special Studies or EA Job Cost Mills Act $8,000
Other HARB Review $15,000 Findings
Ministerial Modifications of Zoning Standards $7,500
Standard $21,000 Land Use (General Plan) Finding $5,000 Minor $4,000
Limited – Master PDU/ADU/JADU $2,000 General Plan Amendments Limited – Single Story Residential $2,500 General Plan Amendment $16,000 Limited – Commercial Modification $5,000
Wireless $450 Agricultural Preserve
Two Story Residential $3,725 Establish or Amend $2,520 HARB $15,000
Development Agreements
New $6,480
Use Annual Review $2,800
Conditional Use Permit
New $11,100 Subdivision
Use Operation Review $1,000 Certificate of Compliance $1,320 Amendment/Extension Private Street $6,240
Public Hearing Required $4,800 Lot Combination $5,000
No Public Hearing Required $1,500 Lot Line Adjustment $4,300 Zoning Administrator Permit Tentative Parcel Map (TPM) $16,000 New $6,200 Final PM with Improvement Plans $5,000 Use Operation Review $1,000 Tentative Tract Map (TTM) $20,000 Amendment/Extension Final TM with Improvement Plans $15,000 Public Hearing Required $2,100 Tentative SB9 Subdivision Map $8,000 No Public Hearing Required $1,000 Final SB9 Subdivision Map $5,000 Map Extension $5,000
Rezoning Lot Line Adjustment $4,300
Preliminary or Precise Planned District $12,500 Tentative Parcel Map $16,000 Preliminary and Precise Planned District $25,000 Final Map with Improvement Plans $5,000 Planned District Amendment $9,360 Tentative Tract Map $20,000 Rezoning $10,000 Final Map with Improvement Plans $15,000 Map Extension $5,000
Variance
Variances $4,000

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Conformance Plan Check (CPC) Planned Unit Developments Standard CPC $11,000 New $3,840
Minor CPC $2,000 Amendment $1,560
Limited CPC – Master PDU (flat fee) $1,045
Limited CPC – ADU/JADU $1,000 Special Planning Areas
Limited CPC – Single Story Residential $1,125 Warm Springs Innovation District Limited CPC – Commercial Modification $2,500 Sites 5-15 Acres Two Story Residential CPC $1,900 New $12,500
Wireless CPC – façade/ground (flat fee) $365 Amendment $6,000 Planning Commission CPC $11,000 Sites >15 Acres
Zoning Administrator CPC $3,100 New $25,000
Historical Architectural Review Board CPC Amendment $12,500 New/Modification Single/Two-Family $4,000
Other HARB Review $8,650 Abandonments
Street Right of Way/Easements $5,000

OTHER DEPOSITS AND FEES
Preliminary Review Procedure Deposit $5,000 Deposit / Review Cycle Pre-Application $2,000
HCA Preliminary Application (flat fee) $1,254
Transportation Demand Management Deposit $2,500
Master Sign Program Fee (New or Amend) (flat fee) $913
Historic Evaluation Screening (flat fee) $183
Home Occupation Permit Fee (5 years) (flat fee) $39
Commercial Outdoor Patio Permit (flat fee) $502
Zoning Verification Report (flat fee) $365

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CONSULTANT LIST
Have consultants been identified to assist with this project? ☐ No ☐ Yes (if yes, please list below)
Completed By:

Name of Person completing this form Capacity Date
C
onsultants include, but are not limited to, architects, designers, contractors, landscape architects, engineers, planners, real estate agents, and environmental consultants. It is important to fill out this form completely. It enables members of the City Council, Planning Commission, and staff to avoid potential conflicts of interest, which could otherwise invalidate your project’s approval.

Name: Capacity:

Company: Phone Number:

Address: Fremont Business Tax ID#:

Name: Capacity:

Company: Phone Number:

Address: Fremont Business Tax ID#:

Name: Capacity:

Company: Phone Number:

Address: Fremont Business Tax ID#:

Name: Capacity:

Company: Phone Number:

Address: Fremont Business Tax ID#:

Name: Capacity:

Company: Phone Number:

Address: Fremont Business Tax ID#:

If more room is necessary, you may complete and attach additional copies of this form.

The City of Fremont Municipal Code Title 5 requires everyone, including consultants, who render services in or from the City of Fremont to have a valid business tax/license. Please contact the Revenue Division at (510) 494-4790 for instructions on how to obtain a Fremont Business Tax ID number.

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T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

HAZARDOUS WASTE AND SUBSTANCES STATEMENT
California Government Code §65962.5 (AB 3750 – Cortese) requires that “before a lead agency accepts as complete an application for any development project, the applicant shall consult the [Cortese] list and shall submit a signed statement...indicating whether the project and any alternatives are located on a site that is included on [the list].” This form is provided for that purpose. Please certify:

I have consulted the current Hazardous Waste and Substances Sites List, consolidated by the California Environmental Protection Agency, pursuant to Government Code §65962.5, at https://calepa.ca.gov/sitecleanup/CorteseList/, regarding this development project application.

Based on my consultation, the location of the project, stated below: ☐ IS ☐ IS NOT on a site which is included on the most recent Hazardous Waste and Substances Sites List.

Project Location:

If located on such a site, please print the sources of that information:

I declare under penalty of perjury that the foregoing is true.

Signature of Project Applicant Date

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Packet Pg. 405
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

WITHDRAWAL POLICY
The City's objective is to move Planning applications through the review process in a timely manner. For this reason, the City wishes to discourage applications from becoming inactive for an extended period of time. If an application becomes inactive for more than 90 days due to an applicant’s lack of responsiveness to comments received from the City or inability to make any progress, the Planning Manager may withdraw the application in the manner prescribed below:

1. When the City has reason to believe an applicant is not making reasonable progress in either submitting the necessary information to deem a Planning application complete or responding to comments in order to move the application toward final action, the City may initiate the withdrawal of the application by providing notice in writing (e.g., by e-mail or letter) to the applicant. Such notice shall state the intent of the City to withdraw the application due to inaction, the reason why the application is at risk of being withdrawn, and what actions the applicant must take to avoid withdrawal. The applicant has 90 days from the date of the notice to respond and make reasonable progress, as determined by the Planning Manager.

2. If the applicant has not completed or made reasonable progress towards completing the action(s) requested in the notice within 90 days of the date of the notice, the City may withdraw an application for inactivity by sending a Notice of Withdrawal to the applicant.

3. For applications withdrawn prior to consideration at a public hearing where an application fee deposit was submitted, the applicant shall receive a refund of the balance of funds in the project account. If there is a balance due to the City, the applicant must pay.

4. If an applicant wishes to resubmit an application that has been withdrawn, the applicant must start at the beginning of the review process, including the submission of a new application and associated fees.

I understand and agree to the City of Fremont withdrawal policy.

Signature of Project Applicant Date

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Packet Pg. 406
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

PERMIT PROCESSING POLICY
I hereby grant permission for the City of Fremont to create and distribute electronic copies, in whole or part, of drawings and all other materials submitted by me, my agents, or representatives as a component of this Planning Application. This grant of permission extends to all electronic copies needed in due course of the City’s processing and review of the Application, including sharing of information with other governmental entities, the general public, and other interested parties at any point in the Application process and that all materials submitted to the City shall become subject to disclosure in accordance with the California Public Records Act and other applicable law.

I understand that my application is not considered submitted for the purposes of the Permit Streamlining Act until the application has been uploaded and the required deposit has been paid in full. I understand that my project review may be delayed if required materials are missing from the submittal package.

Signature of Project Applicant Date

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Packet Pg. 407
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

PLANNING PROJECT SUBMITTAL REQUIREMENTS – TABLE
The following table indicates which documents are required for various Planning Project applications. If you have questions about whether an item is required for your application, please contact the Planning Division at [email protected] or (510) 494-4455 to clarify the submittal requirements. KEY: X Always Required / Sometimes Required - Not Required

Planning Permit Application
Owner Authorization
Reimbursement Agreement
Project Description / Justification:

Design Statement
Project Description / Justification:

Operation Description
Project Description / Justification:

Project Justification
Project Description / Justification:

Variance Justification
Standard Plan Set:

Title Sheet
Standard Plan Set:

Context Map
Standard Plan Set:

Site Plan
Standard Plan Set:

Floor Plan(s)
Standard Plan Set:

Elevations
Standard Plan Set:

Sections
Standard Plan Set:

Boundary Survey
Standard Plan Set:

Preliminary Grading & Drainage Plan
Standard Plan Set:

Preliminary Utility plan
Standard Plan Set:

Improvement Plans
Standard Plan Set:

Tree Survey
Standard Plan Set:

Landscape Plan
Standard Plan Set:

Misc. Details
Standard Plan Set:

Clean Bay Blueprint
Map Set
Historic Determination
Addresses / Street Names
Preliminary Title Report
Legal Description(s)
Environmental Impact Questionnaire
HazMat Documentation
Affordable Housing Plan
!
Additional Submittal
Requirements
Agricultural Preserve (New/Amend/Cancel) X X X - - X - X X X - - - - - - - - - - X - X - X - X - - - Certificate of Compliance X X X X - - - - - - - - - - / / / / - - X X X - X X - - - - Conditional Use Permit X X X - X - - X X X X / - - - - - / / / X - X - X - X / - - Discretionary Design Review X X X X - - - X X X X X X X X X X X X X X - X - X - X / X - Easement or Street Vacation X X X X - - - - - - - - - - / / / / - - X X X - X X - - - - General Plan Amendment X X X - - X - X X X / / - - - - - / / / X - X - X - - / X - General Plan Amendment Screening X X X - - X - X X X / / - - - - - / / / X - X - X - - / X - Historic Design Review (HARB or Staff) X X X X - - - X X X X X / / / - - X X X X - X - X - X - - Here Land Use Finding or Interpretation X X X - - X - X X X - - - - - - - - - - X - X - X - - - - - Lot Combination X X X X - - - - - - - - - - / / / / - - X X X - X X - - - - Lot Line Adjustment X X X X - - - - - - - - - - / / / / - - X X X - X X - - - Here Ministerial Design Review X X X X - - - X X X X X X / / X X X X X X - X - X - - / - - Modifications of Zoning Standards X X X - - X - X X X / / - - - - - / / / X - X - X - - - - - Planned District (New/Amend) X X X - - X - X X X X X X X X X X X X X X - X X X - X / X Here Planned Unit Development (New/Amend) X X X - - X - X X X X X X X X X X X X X X - X X X - X / X Here Private Street X X X X - - - - - - - - - - / / / / - - X X X X X X - - - - Rezoning X X X - - X - X X X - - - - - - - X X - X - X - X - X / - - Tentative Parcel Map X X X X - - - - - - - - - - / / / / - - X X X X X X X / - - Tentative Tract Map X X X X - - - - - - - - - - / / / / - - X X X X X X X / - - Variance X X X - - - X X X X X X X - / - - X X X X - X - X - - - - - Warm Springs Innovation District Master Plan (Any Size) X X X - - X - X X X X X X X X X X X X X X - X X X - X / X Here Wireless Design Review X X X - X - - X X X - X - - X - - X X - X X - - X - - - - Here Zoning Administrator Permit X X X - X - - X X X X / - - - - - / / / X - X - X - - / - - ! NON-STANDARD APPLICATIONS: The applications noted below have their own list of submittal requirements. Please use the hyperlinks to view their respectiv e requirements. • Development Agreement (New or Annual Review) • Housing Crisis Act Preliminary Application Application requirements are set by State law. Please complete stand-alone application to verify submittal requirements are met. • Request for Reasonable Accommodation • Environmental Impact Assessment • Master Sign Program • Transportation Demand Management • Extension of Time • Mills Act Contract (New/Amend/Cancel)

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

SUBMITTAL REQUIREMENTS – DESCRIPTION
The Planning Permit Submittal Requirements are a centralized list of all application components required by the City of Fremont Planning Division. To determine which submittal requirements are applicable to a specific project, please refer to the table on the previous page. An application will be deemed incomplete if any of the items required for a specific application type in the table above and detailed on this sheet have not been included. Processing of the application may be delayed until the submittal is deemed complete.

All documents shall be submitted electronically through the City’s Accela Citizen Access portal, found at www.Fremont.gov/CitizenAccess. Documents must follow specific standards to be accepted by the Electronic Plan Review portal. Please review the City’s Document Standards for Electronic Plan Review prior to submitting your application to ensure that your document formatting complies with requirements.

The following documents may be required for various Planning Project applications, as noted for each application type in the table above:
 Planning Permit Application
Planning Permit applications submitted online through the City’s Accela Citizen Access portal are not required to submit a separate Planning Permit Application form.
 Owner Authorization Form
The current property owner must complete and sign the Property Owner Authorization Form to confirm that they authorize the submittal of this development application.  Reimbursement Agreement
The billing party must complete and sign the Reimbursement Agreement to confirm that they understand and agree to the Planning Division’s payment and deposit procedures.  Project Description or Justification
All Project Descriptions or Justifications shall be submitted as a separate document from the proposed plan set. Please refer to table on the previous page to determine which type of Project Description or Justification is required for a specific project.

Type A: Architectural Design Statement
The architectural design statement shall state the purpose of the project, discuss compatibility with surrounding structures, and reference specific design influences.

Type B: Business Operation Description
The business operation description shall include a detailed description of the activities proposed under the project, the proposed hours and days of operation, and the proposed occupancy at different times of day. If the project includes regularly scheduled events or classes, a specific schedule shall be provided. If there are specific management plans proposed as part of the project (e.g., security plans, noise mitigation plans, overflow parking plans, etc.) those plans should be included in the business operations description.

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Packet Pg. 409
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

Type C: Project Justification
The project justification shall explain how the proposed project would implement established City goals, as stated in the General Plan (see especially Chapter 2 of the General Plan). The justification shall explain the benefits of the proposed project in terms of land use pattern, social environment, community appearance, traffic circulation, and economic considerations. Where applicable, the justification shall address how the proposed project will affect public services and other qualities of the local environment.

Type D: Variance Justification
For this type of project justification, the applicant must respond to these specific prompts:
• Describe the special circumstances applicable to your property (e.g., size, shape, topography, location or surroundings) wherein the strict application of the Planning and Zoning regulations would deprive your property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification.
• Identify any project design features or other conditions/limitations that will assure that the requested variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and identical zoning classification.  Standard Plan Set
Sheet 1: Title Sheet
• Name of project, location of project (street address and existing APN), and description of proposed scope of work.
• Project number(s) for any prior development permits issued for the subject site. • Existing and proposed Zoning and General Plan designation of the subject property. • Vicinity map showing an aerial view of a half-mile radius from the project site. • Table of contents listing all plan set sheets, their content, and page number. • A preliminary Building Code analysis, including:
o Occupancy classification(s).
o Construction type.
o Maximum allowable area.
o Maximum allowable height.
o Maximum number of stories.
o Exhibit showing proposed accessible access/egress path(s) to public way. • For single-family residential projects: Project Statistics, including lot coverage, first story area, second story area, and second story area as a percentage of first story area. • For multi-family residential projects: density (dwelling units per net acre), unit breakdown by bedroom count, common open space, private open space, and storage. • For all projects: Required Statistics, as indicated in the following tables:

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Packet Pg. 410
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

Table 1
Development Statistics Allowed Proposed
Gross Lot Area
Net Lot Area
Total Floor Area
Additional Floor Area (if adding area)
Floor Area Ratio
Lot Coverage
Height
Number of Stories
Front Setback
Rear Setback
Side Yard Setback(s)
Solar Setback (See FMC Section 18.186)
Table 2
Development Statistics Required Proposed
Standard Spaces
Compact Spaces
Percent Compact
Covered Spaces
Uncovered Spaces
Guest Spaces
Handicapped Car Spaces
Handicapped Van Spaces
Motorcycle Spaces
Car Share Spaces
EV Spaces
EV Handicapped Spaces
Short Term Bicycle Parking
Long Term Bicycle Parking

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Packet Pg. 411
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

Sheet 2: Context Map
• A map indicating all adjacent land uses, structures, driveways, parking areas, trees, and drainage courses on the site and within 200 feet of the perimeter of the site. • If the site has multiple tenants, provide an inventory of all tenant spaces on the property, listing the address, type of business (or other use of the space), and floor area for each tenant space.

Sheet 3: Site Plan
• Property lines, including dimensions of the subject property and all existing lot lines. • Use of all adjacent properties, including locations of any adjacent buildings and roads. • Location, configuration, and setbacks of all existing and proposed buildings. The proposed removal of any buildings should be clearly delineated on the site plan. • Proposed off-street parking, loading, and circulation areas; and driveways. • Show fire lane markings, where applicable.
• Proposed Fire Department access roadway, with dimensions shown to demonstrate that the access roadway meets the following requirements:
o Roadway shall be positioned parallel to the entire long side of the building. o Roadway shall be within 150 feet of all exterior portions of the structures/buildings. o Roadway shall be at least 20 feet in width for buildings 30 feet or less in height, or 26 feet in width for buildings 30 feet or more in height.
o Buildings shall be located a minimum of 15 feet, and a maximum of 30 feet, from the edge of the Fire Department access roadway.
• Location of proposed egress pathway from emergency escape and rescue openings to a public way or to a yard or court that opens to a public way.
• Location of fire access ladder pads (four feet by four feet). • Proposed and existing pedestrian ways and recreation areas. • All existing and proposed easements on the property, and all existing and proposed easements on surrounding properties benefiting the subject property. • Site constraints including known earthquake faults, riparian corridors, the Toe-of-the-Hill Line, and Ridgeline.
• Adjacent street rights-of-way and proposed street improvements. • Signing and striping of street frontage.
• Location of existing and proposed on-site lighting features. • Existing trees with trunk locations and accurate canopy outline shown. • Trees proposed for removal must be clearly delineated.

Sheet 4: Building Floor Plans
• Floor plan(s) showing the intended use of each area.
• Location and dimension of exterior doors and windows. • Floor area statistics: gross floor area of the building and gross floor area of each story. • Elevator size, as determined to meet the footprint of the building. • Proposed location of wet standpipes in stairwells and at the roof. In multi-storied buildings, standpipes shall be installed at intermediate landings.
• For mid-rise buildings, show the location of the modified Fire Command Center.

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Packet Pg. 412
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

Sheet 5: Building Elevations
• Dimensioned elevations of all exterior walls.
• Total height, finished floor height, and floor to ceiling height indicated on all elevations. • Detail of Fire Department ground ladder to emergency escape and rescue openings and roofs under 30 feet in height (75-degree angle).
• Identify each emergency escape and rescue openings with an asterisk (*). • Colors and materials for roof, wall, and trim materials. Include the manufacturer’s or supplier’s names along with the color code and model numbers for each material or color shall be included. For Discretionary Design Review and Historic Architectural Review applications, provide a separate color and material sample board.

Sheet 6: Building Sections
• Two sections through the site and building.
• At least one section showing the street frontage.
• Total height, finished floor height, and floor to ceiling height indicated on all sections.

Sheet 7: Existing Conditions Plan or Boundary Survey
• A boundary survey is required for all projects that propose building outside of the established building lines and within 24” of a minimum setback. As an example, please refer to the Field Survey
Requirements for Single Family Home Additions and/or Accessory Dwelling Units (ADUs).

Sheet 8: Preliminary Grading and Drainage Plan
• A preliminary grading and drainage plan is required if the project involves over 100 cubic yards of earth movement or requires modifications to an existing drainage. • Existing and proposed grades from existing City benchmark. • Cross sections at the project boundaries.
• Estimated grading quantities (cut and fill calculation). • Finish floor and pad elevation.
• Stormwater treatment devices and site design measures. • The location, pipe sizes, slope, invert, and grate elevations of any proposed underground storm drain system.
• Hydraulic drainage calculations.

Sheet 9: Preliminary Utility Plan
• Location of all on-site existing and proposed water, sanitary sewer, gas, electric, cable and phone lines. • In accordance with the California Fire Code, Appendix B, “fire flow and duration shall not be less than that specified in table B105.1.” A reduction in required fire flow of 50%, per Fremont Municipal Code, is allowed when the building is provided with an approved automatic sprinkler system. Provide calculation to support on-site hydrant fire flow.
• Location of all fire hydrants within 500 feet for R3 occupancies and 300 feet for all other occupancies of the project site. See California Fire Code, Appendix C, Fire Hydrant Locations and Distribution for additional spacing requirements. Location of fire sprinkler laterals from public water source to building(s).
• Location of Post Indicator Valves (PIV) and Fire Department Connections (FDC).

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Packet Pg. 413
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

Sheet 10: Street Improvement Plans
• Fully dimensioned public right-of-way improvements for both sides of adjacent streets showing locations for existing and proposed facilities such as streets, curbs, sidewalks, sidewalk planters, street trees, utility poles, electroliers, traffic signs/signals, storm sewers, sanitary sewers, fire hydrants, median island and median island openings, driveways, driveways on opposite street frontages, bus stops, drainage inlets and manholes.
• Fully dimensioned cross-sections of the full right of way for all existing and proposed streets and driveways.

Sheet 11: Tree Survey Plan
• Existing and proposed site features, including buildings, walls, paving, grading, etc. • Tree trunk(s) six-inch diameter at Breast Height (DBH) and larger located on plan by a licensed surveyor, and with accurate canopy outline.
• Trees labeled by number and tagged on-site per ISA standards. • Summary table identifying botanical designation, DBH, and elevation at ground level. • Proposed disposition of all existing trees on the site. • If no trees exist on the site, then include a note that “no trees exist on this site.” Sheet 12: Landscape Plan
• Location, spacing, size, quantities, and botanical designations of all existing and proposed on-site landscaping.
• Required right-of-way planting, identified as such.
• All trees, as indicated on the tree survey plan, or a note that no trees exist on this site. • Landscape planting with botanical designations provided in list form and grouped by type, symbol, and water use.
• Location of fire access ladder pads (four feet by four feet). • Design details and section drawings for all landscape architectural features such as wall fences, lighting, paving types and patterns, arbors, benches, fountains and other like features accurately showing size, scale, form, materials, and colors.

Sheet 13: Miscellaneous Details
• Details for proposed trash enclosures and mechanical/utility equipment screening. • Details for proposed exterior lighting, with specifications for color and brightness.

Sheet 14: Clean Bay Blueprint
• Blueprint for a Clean Bay.
 Map Set
• The tract or parcel map number, obtained from the Alameda County Recorder. • The engineer’s or surveyor’s name and license number, on each sheet of the map. • The name and address of the record owner(s), of the applicant, and of the civil engineer or land surveyor preparing the tentative map.
• The date, north point, and a written and graphic scale. • A vicinity map at a scale of one thousand feet to the inch, showing all streets and properties within a half-mile of the proposed subdivision.

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Packet Pg. 414
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

• Dimensioned boundaries of the proposed subdivision.
• The locations, names, and existing widths of adjacent streets, highways and ways. • The names and numbers of adjacent tracts and owner names of adjacent unplatted land. • Contours at five-foot intervals where the ground slopes exceed five percent and contours at one-foot intervals where the ground slopes are less than five percent. The Toe-of-the-Hill line and Ridgeline shall be shown, where applicable.
• The approximate boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses, flood control channels, and intermittent streams. If the project is within or adjacent to a flood zone, the flood zone designation, panel number, and outline of the floodplain, as determined from the current FEMA National Flood Insurance Program Flood Insurance Rate Map, shall be shown.
• The existing uses of the property and, to scale, the outline of existing buildings. • The setbacks between existing buildings and existing or proposed lot lines, and buildings on adjacent properties.
• Areas proposed for offer or dedication to the public (if any). • The location of historical sites or landmark or primary historic resource trees, as identified by council adopted resolutions or in the general plan.
• The approximate widths, locations, and uses of all existing or proposed easements within the subdivision, including easements for drainage, sewerage, and public utilities. The location of any access restrictions and/or any existing waiver of access rights. • The approximate radius of each curve.
• The approximate lot layout and dimensions of each lot and street within the subdivision. • All existing fire hydrant locations within three hundred feet of the subdivision. • Location of fire access ladder pads (four feet by four feet). • Major storm drain facilities within three hundred feet of the subdivision. • The locations, names, widths, approximate proposed grades and gradients, and a typical cross-section of all streets, trails, and access easements. Typical cross-sections shall be dimensioned and include:
pavement, curbs, gutters, sidewalks, and locations of underground utilities. Utility clearances shall be dimensioned on the cross section.
• For a subdivision that includes private streets or non-standard public streets, provide a separate preliminary master utility plan, which shows proposed joint trench (electrical, gas, communication) and utility mains (sewer, storm, water) including pipe sizes and utility separation distances. • A map summary description, either drawn on or accompanying the tentative map, with the following information:
o The estimated area (in square feet or acres) of the total project area. o The estimated area of each new or modified lot.
o The estimated square footage of any existing structures within the project area. o The existing and proposed floor area ratio (FAR) for each new or modified lot. o The present general plan land use designations, including residential density where applicable. o The present zoning and use(s) of the property, as well as proposed changes to the zoning and use(s) of the property, whether immediate or future.
o A statement of the water source.
o A statement of provisions for sewerage and sewage disposal. o A statement as to the gross acreage within the boundaries of the tract and the number of dwelling units as expressed in dwelling units per net acre.

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Packet Pg. 415
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM  Determination of Historic Significance
A conclusive determination of historic significance for any and all structures on the property must be submitted with your application. You may provide documentation of ineligibility, exemption, or evaluation through one of the following ways:
• Indicate on the Title Sheet that the structure is less than 50 years old (ineligible). • Indicate on the Title Sheet that the structure is a single-family home built after 1945 in a numbered tract (exempt).
• Provide an evaluation for potential historic significance completed by the City of Fremont Planning
Division, indicating that the property does not possess historic significance. • Provide a DPR 523 form evaluating the property for eligibility for the National, California, and Local historic registers.
 Address and/or Street Name Information
If new private or public streets are proposed, provide a list of proposed street names. Street names should be consistent, concise, and follow an overall theme. Avoid conflicts between proposed and existing street names.

Please refer to the City’s Addressing and Street Name Requirements for more detail.

If new addresses are proposed, complete the Address and Street Name Application for each new address proposed.
 Preliminary Title Report
A preliminary title report, with hyperlinks to related documents, prepared within the last six months and bearing the name of the current owner, is required for any application that proposes new floor area or a change to the General Plan or zoning of a parcel.
 Legal Description(s)
For all applications proposing new or modified lots, submit the legal description(s) for both the original parcel(s) and the parcel(s) as modified.
 Stormwater Control Plan Survey
All applicants must complete the two-question online Stormwater Control Plan Survey prior to application submittal. Based on the survey answers entered, applicants will receive a specified Stormwater Control Plan Checklist that indicates the components of the Stormwater Control Plan required for submittal.  Environmental Impact Questionnaire
Large projects require the completion of the Environmental Impact Questionnaire, which assists planners in determining whether any supplemental environmental studies are required for a proposed project.

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Packet Pg. 416
Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

 Hazardous Materials (HazMat) Documentation
Many vacant or underutilized sites within Fremont formerly had dry cleaners, machine shops, print shops, auto related services, or similar consumer-oriented operations that are known or suspected to have used hazardous materials. New development projects must investigate, analyze, and mitigate potential hazardous materials contamination on a proposed project site in order to protect public safety and environmental health.

A Phase I Environmental Site Assessment is required for any project proposing substantial reconstruction, a change of use, new development, and/or redevelopment of a vacant and/or underutilized infill site. Projects limited to the construction of up to four (4) units on an existing lot zoned or used for single-family residential purposes are exempt from this requirement.

A Phase II Environmental Site Assessment is required for any project where the Phase I Environmental Site Assessment identifies one or more Recognized Environmental Conditions (REC’s), recommends further investigation or requires a comprehensive Phase II Environmental Site Assessment.

Additionally, some projects propose the use or storage of hazardous materials as part of their long-term operations. A Hazardous Materials Inventory Statement (3205 Form or Similar) is required for any project that proposes the use or storage of hazardous materials. This includes projects that propose use of diesel generators, energy storage systems, or fuel cells.
 Affordable Housing Plan
Residential projects containing two or more net new living units or residential lots, or a combination of living units and residential lots, are required to submit an Affordable Housing Plan Proposal .
 Supplemental Materials Checklist
Supplemental Materials are required for the following applications:

1. Historic Architectural Review (HARB or Staff)

2. Lot Line Adjustment

3. Planned District – Preliminary and/or Precise (New/Amend)

4. Planned Unit Development (New/Amend)

5. Warm Springs Innovation District Master Plan (Any Size)

6. Wireless Design Review
Please follow the link above, or visit this webpage to find the applicable checklist.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website

T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\Planning Permit Application.docx Updated: 8/19/2024 | WM

 Non-Standard Applications
The following applications have their own submittal requirements. Please use the hyperlinks below or visit this webpage for their respective submittal requirements.

1. Development Agreement

2. Environmental Impact Assessment1

3. Extension of Time

4. Housing Crisis Act Preliminary Application2

5. Master Sign Program (New/Amend/Cancel)

6. Mills Act Contract

7. Request for Reasonable Accommodation

8. Transportation Demand Management

1 This application does not have any submittal requirements other than the Planning Permit Application. 2 Application requirements are set by state law; please complete stand-alone application to verify submittal requirements are met.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits 39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\UPDATES\Word\Planning Permit Application.docxUpdated: 4/15/2024 | MP THIS BOX FOR STAFF USE ONLY: Case or Work Order Number:CITY OF FREMONT REIMBURSEMENT AGREEMENTI, _______________________________________, the undersigned billing party, am depositing a total of $____________________________, to cover staff review, coordination, and processing costs based on real time expended. I understand and agree to the following conditions of this agreement: 1. Staff time from some City of Fremont departments spent processing my request will be billed againstthe deposit fee. “Staff time” includes, but is not limited to, time spent reviewing application materials,site visits, responding by phone or in writing to inquiries from the applicant, the applicant’srepresentatives, neighbors, and interested parties, attendance and participation at meetings and publichearings, preparation of staff reports and other correspondence, and engineering, landscape, andplanning construction inspections for compliance with approved plans. Staff time includes both anallocation of overhead expenses, in addition to the actual salary and benefits paid to individual staffmembers.2. This deposit typically covers only a portion of the total processing costs. Actual costs for staff time arebased on individual hourly rates and service/material costs, such as public hearing notice publicationand postage related to mailing public hearing notices. These costs apply even if the application iswithdrawn or not approved. In the likely event that costs exceed the deposit, I understand I need toreplenish the deposit and will be prompted to do so by City staff. I also understand I will receive periodicinvoices payable upon receipt during the period when the deposit has been exhausted and the deposithas not yet been replenished. Unpaid invoices will be considered late after 30 days.3. I may, in writing, request a breakdown of billed charges, but such a request is independent of thepayment time frames. Non-payment of billed charges may result in any of the following actions untiloutstanding charges are paid in full:a. Temporary cessation of processing my application;b. Withholding final action on my application;c. Cessation of work on all project-related applications and actions including any engineering,landscape or planning inspection of the work;d. A determination that my application has been withdrawn without prejudice and closure of my file;e. Outstanding invoices being sent to a City-designated collection agency;f. Withholding of any approval documentation/subsequent processing of entitlements until fullpayment is received.4. I authorize the City to offset any shortages in another account(s) on the same application or in anyother accounts I might have with the City with excess funds from this account.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) City of Fremont - Planning & Building Permits 39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 Planning & Building Permits | City of Fremont, CA Official Website T:\planning\Graphics Section\Counter Handout Documents\Planning Documents\UPDATES\Word\Planning Permit Application.docxUpdated: 4/15/2024 | MP

5. When the project has been completed and the final balance is more than $15.00, a final invoice will besent and I will pay the difference. Final costs at or under $15.00 will not be invoiced. If any portion ofthe deposited monies is unused when the project is closed, the unused monies will be refunded to me.6. I agree to pay the City of Fremont the cost of placing a legal advertisement (if required) in a newspaperof general circulation as required by State law and local ordinance.7. The City of Fremont may refer my application to outside consultants for the completion of site specificenvironmental or technical analyses/studies and/or may submit any study submitted with my applicationto an outside consultant for peer review. Should this type of work be necessary, I will be notified of thescope and cost of the work. I understand that the City of Fremont will set up a separate trust account topay for this work. Consultant fees are separate from, and in addition to, City deposit fees paid forproject processing, and shall be paid prior to the commencement of work by the consultant. Selection ofthe consultant is at the sole discretion of the City, but is typically based upon completeness of theproposal, followed by lowest price and/or expedient timeframe for completion of work.8. I agree to pay all staff costs related to condition compliance/mitigation monitoring as specified in anyconditions of approval for my permit/entitlement.9.California Fish and Game Fees: Under the California Environmental Quality Act (CEQA), the City mustconduct environmental review for all projects. Projects that result in adoption of a Negative Declarationor Mitigated Negative Declaration (a statement of no significant effect on the environment) or anEnvironmental Impact Report requires payment of applicable Department of Fish and Game fees perCalifornia State Assembly Bill 3158. Failure to make payment of required fees will prevent your projectfrom being operative, vested or final. No building permits may be issued for the project without paymentof the fees. Your project planner will prepare the required documentation and calculate the required feeat the of project approval. If the applicant has obtained a written waiver from the state Department ofFish and Game prior to project approval, please provide a copy to you project planner and discuss thefiling requirements for a waiver. Within Alameda County, the Alameda County Clerk is charged with theresponsibility for collecting applicable fees. As such, your filing fee/check should be made out to the“Alameda County Clerk” and forwarded to your project planner for filing and payment. I agree to remit acashier’s check or money order in the required amount, payable to the Alameda County Clerk, to thePlanning Division prior to any legal notifications regarding public hearings before the decision-makingbody on my application.10. I agree to the following standard contract terms and conditions:a. This Reimbursement Agreement is severable. “Severable” means that if any provision of thisReimbursement Agreement is found by a court to be unenforceable, the rest of the ReimbursementAgreement will still be enforced so long as enforcing the remaining provisions of the Agreementwould not frustrate the parties’ intent in entering into the Agreement.b. This Reimbursement Agreement will be interpreted according to California law, and any lawsuitbrought under it shall be filed in a court of competent jurisdiction located in Alameda County.c. Any agreement to change the terms of this Reimbursement Agreement will not be enforceableunless it is in writing.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal)

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal)

EXHIBIT A

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7507-001

Of Counsel
MARC D. JOSEPH
DANIEL L. CARDOZO

SACRAMENTO OFFICE

520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814 -4721
TEL: (916) 444- 6201
FAX: ( 916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080- 7037
___________

TEL: (650) 589 - 1660
FAX: (650) 589 - 5062
[email protected]

printed on recycled paper

October 15, 2024

Via Email and Hand Delivery

Clifford Nguyen
Zoning Administrator
Community Development
Department, Planning Division
City of Fremont
39550 Liberty Street
Fremont, CA 94537
Email: [email protected]

Dear Mr. Nguyen and Mr Cleveland:

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6 CEQA Checklist, p. 16.
7 Id.
8 Id.
9 See Exhibit A, SWAPE Comments on the Ardenwood Warehouse Project (Oct. 14, 2024) (“SWAPE Comments”).

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They would therefore be first in line to be exposed to any health and safety hazards that may exist on the Project site.

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II. LEGAL BACKGROUND

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impossible for agencies relying upon an EIR or other environmental document to meet this obligation.

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22 CEQA Guidelines § 15162(a)(1)-(3).
23 CEQA Guidelines § 15162(b).
24 CEQA Guidelines § 15183(a).
25 CEQA Guidelines § 15183(b).

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III. THE CITY LACKS SUBSTANTIAL EVIDENCE TO SUPPORT

APPROVAL OF THE PROJECT UNDER A COMMUNITY PLAN

EXEMPTION OR ADDENDUM

26 14 CCR § 15183(a)-(c).
27 14 CCR § 15162.
28 CEQA Checklist, p. 24.

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29 Id.
30 SWAPE Comments, p. 2.
31 SWAPE Comments, p. 7.
32 Id.
33 Bay Area Air Quality Management District 2022 CEQA Guidelines, Thresholds of Significance, p. 3-4.

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The Bay Area Air Quality Management District’s (“BAAQMD”) 2022 CEQA Guidelines specifically recommends that a quantified HRA be prepared for projects within 1000 feet of a school:

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should therefore be prepared to comply with CEQA and to accurately disclose and mitigate the Project’s significant health risk impacts.

1. Health Risk is Not Fully Mitigated by Uniformly Applied Development Policies, Standards, and Mitigation

38 SWAPE Comments, p. 2.

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The General Plan EIR concluded that air quality impacts would be significant and unavoidable, even with implementation of General Plan MM AIR-

18.218.050(a) does not result in fully mitigated impacts. The City must therefore implement additional measures from General Plan EIR Mitigation Measure

39 CEQA Checklist, p. 22.
40 Id.
41 SWAPE Comments, p. 3.
42 CEQA Checklist, p. 16.
43 Covington v. Great Basin Unified Air Pollution Control Dist. (2019) 43 Cal.App.5th 867, 883. 44 Id.

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Mitigation AIR-3 as part of the Project’s Conditions of Approval, and must consider additional feasible mitigation.

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18.218.050(a). Fremont Municipal Code Section 18.218.050(a) requires only the following:

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46 Fremont Municipal Code § 18.218.050(a).

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A. The City Cannot Rely on A CEQA Exemption to Approve the Project Because the Project Has Significant Cumulative GHG Impacts

An EIR must be prepared and an exemption is improper, where, as here, the Project and successive projects of the same type in the same place will result in

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Mitigation were identified to reduce all potentially significant effects to a less-than- significant level, except for the following:

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IV. THE CITY CANNOT MAKE THE NECESSARY FINDINGS TO
APPROVE THE PROJECT’S ENTITLEMENTS

In order to approve a discretionary Design Review Permit, the Zoning Administrator must make the following findings:

V. CONCLUSION

58 Fremont Municipal Code § 18.235.060 (emphasis added).

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Sincerely,

Kelilah D. Federman

:kdf

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EXHIBIT A

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 2 The Memo, however, fails to address the DPM impacts or evaluate the health risks associated with Project operation. The Memo’s evaluation of the Project’s potential health risk impacts, as well as the subsequent less-than-significant impact conclusion, lacks adequate support.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 3 reasonable downwind concentrations of air contaminants to which nearby sensitive receptors may be exposed. If an unacceptable air quality hazard is determined to be possible using AERSCREEN, a more refined modeling approach should be conducted prior to the approval of the Project.

Applying the same equation used to estimate the construction DPM rate, we estimated the following emission rate for Project operation:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 4 annualized average concentration of an air pollutant be estimated by multiplying the single-hour concentration by 10% in screening procedures.8 Regarding sensitive receptors, the Memo states:
“The proposed project site is located in an urban area in close proximity to existing residential uses that could be exposed to diesel emission exhaust during the construction period” (p. 31).

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 5 We calculated the excess cancer risk to the MEIR using applicable HRA methodologies prescribed by OEHHA, as recommended by BAAQMD.10 Specifically, guidance from OEHHA and the California Air Resources Board recommends the use of a standard point estimate approach, including high-point estimate (i.e. 95th percentile) breathing rates and age sensitivity factors (“ASF”) in order to account for the increased sensitivity to carcinogens during early-in-life exposure and accurately assess risk for susceptible subpopulations such as children. The residential exposure parameters, such as the daily breathing rates (“BR/BW”), exposure duration (“ED”), age sensitivity factors (“ASF”), fraction of time at home (“FAH”), and exposure frequency (“EF”) utilized for the various age groups in our screening-level HRA are as follows:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 6 Exposure Assumptions for Residential Individual Cancer Risk Age Group
Breathing
Rate
(L/kg-day)11
Age
Sensitivity
Factor12
Exposure
Duration
(years)
Fraction of
Time at
Home13
Exposure
Frequency
(days/year)14
Exposure
Time
(hours/day)
3rd Trimester 361 10 0.25 0.85 350 24
Infant (0 – 2) 1090 10 2 0.85 350 24
Child (2 – 16) 572 3 14 0.72 350 24
Adult (16 – 30) 261 1 14 0.73 350 24
For the inhalation pathway, the procedure requires the incorporation of several discrete variates to effectively quantify dose for each age group. Once determined, contaminant dose is multiplied by the cancer potency factor (“CPF”) in units of inverse dose expressed in milligrams per kilogram per day (mg/kg/day-1) to derive the cancer risk estimate. Therefore, to assess exposures, we utilized the following dose algorithm:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 7 A = inhalation absorption factor (default = 1)
CF = conversion factor (1x10-6, μg to mg, L to m3)
To calculate the overall cancer risk, we used the following equation for each appropriate age group:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 8 10 in one million, resulting in a potentially significant impact not previously addressed or identified by the Memo.

Note: The table has been redacted for the viewer’s convenience.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 9 PDFs would be adequately implemented into the Project’s design. According to the Association of Environmental Professionals (“AEP”) CEQA Portal Topic Paper on Mitigation Measures:
“While not ‘mitigation’, a good practice is to include those project design feature(s) that address environmental impacts in the mitigation monitoring and reporting program (MMRP). Often the MMRP is all that accompanies building and construction plans through the permit process. If the design features are not listed as important to addressing an environmental impact, it is easy for someone not involved in the original environmental process to approve a change to the project that could eliminate one or more of the design features without understanding the resulting environmental impact.”
PDF’s that are not formally included in a mitigation monitoring and reporting program (“MMRP”) may be eliminated from the Project’s design altogether. As the above-mentioned measures from the City’s CAP are not formally included as mitigation measures, we are unable to guarantee that they will be adequately implemented, monitored, and enforced on the Project site. The Memo does not correctly demonstrate that the Project would be consistent with the City’s CAP, and the unsupported GHG analysis should not be relied upon to determine Project significance.

In order to reduce the DPM emissions associated with Project construction and operation, we recommend the City consider several mitigation measures (see list below).

4.0-23; See also: “Certified Final Connect SoCal Program Environmental Impact Report.” SCAG, May 2020, available at: https://scag.ca.gov/peir.

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 10 horsepower and greater) that could be used an aggregate of 40 or more hours for the construction project.
• Utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators.
• Develop a traffic plan to minimize community impacts as a result of traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service. Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites. Project sponsors should consider developing a goal for the minimization of community impacts. • Require projects to use Tier 4 Final equipment or better for all engines above 50 horsepower (hp). In the event that construction equipment cannot meet to Tier 4 Final engine certification, the Project representative or contractor must demonstrate through future study with written findings supported by substantial evidence that is approved by SCAG before using other technologies/strategies. Alternative applicable strategies may include, but would not be limited to, construction equipment with Tier 4 Interim or reduction in the number and/or horsepower rating of construction equipment and/or limiting the number of construction equipment operating at the same time. All equipment must be tuned and maintained in compliance with the manufacturer’s recommended maintenance schedule and specifications. All maintenance records for each equipment and their contractor(s) should make available for inspection and remain on-site for a period of at least two years from completion of construction, unless the individual project can demonstrate that Tier 4 engines would not be required to mitigate emissions below significance thresholds. Project sponsors should also consider including ZE/ZNE technologies where appropriate and feasible.
• Provide traffic calming measures, such as:
o Marked crosswalks,
o Count-down signal timers,
o Curb extensions,
o Raised crosswalks,
o Raised intersections,
o Median islands,
o Tight corner radii,
o Roundabouts or mini-circles, and
o On-street parking Chicanes/chokers.
• Create urban non-motorized zones.

• Additional Measures to Reduce Diesel Particulate Matter and PM2.5 and other construction emissions:

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Attachment: PLN2025-00163 Informational Item No. 8 - Planning Commission Appeal Letter (5398 : Ardenwood at Paseo Appeal) 11 • The developer or contractor shall provide a plan for approval by the City or BAAQMD demonstrating that the heavy-duty (>50 horsepower) off-road vehicles to be used in the construction project. including owned. leased and subcontractor vehicles. will achieve a project wide fleet-average 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent CARB fleet average for the year 2011
• The contractor shall install temporary electrical service whenever possible to avoid the need for independently powered equipment (e.g. compressors).

Sincerely,

Paul E. Rosenfeld, Ph.D.

16 “Calculation Details for CalEEMod.” CAPCOA, May 2021, available at: http://www.aqmd.gov/docs/default- source/caleemod/user-guide-2021/appendix-a2020-4-0.pdf?sfvrsn=6, Appendix A, p. 60.

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SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.

M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.

B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.

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Paul E. Rosenfeld, Ph.D. Page 2 of 10 October 2021

Professional History:

Publications:

Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48

Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342

Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.

Procedia Environmental Sciences. 113–125.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.

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