EXHIBIT “B”
Findings and Conditions of Approval
PLN2022-00466
Ardenwood at Paseo Discretionary Design Review Permit and Floor Area Ratio Increase
6100 Paseo Padre Parkway & 6200 Paseo Padre Parkway
I. FINDINGS:
Pursuant to FMC Section 18.235.060, in order to approve a Discretionary Design Review Permit, the approval authority must make the following findings applicable to the project:
(a) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and guidelines.
Analysis: The proposed project is consistent with the General Plan, P -81-15 standards, and the applicable Design Rules of the Citywide Design Guidelines. The project will advance the vision of the site’s planned district, which has tabbed the property to be developed as an industrial campus dating back to its 1981 adoption. The project will transform an underutilized infill site with a development that’s consistent with the scale and design character sought for new industrial development within the North Fremont’s Tech Industrial-designated lands.
(b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means.
Analysis: The proposed project is consistent with the applicable Design Rules contained within the Citywide Design Guidelines, is in substantial conformance with the same document’s Design Guidelines, and is compliant with the limited design language contained within the P-81-15 ordinance. No exceptions to adopted Design Rules are necessary for the project.
(c) The multifamily residential project’s architectural, site, and landscape design will not be detrimental to the public health or safety; or a non -multifamily 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; and
Analysis: The proposed project’s design would not interfere with the use and enjoyment of adjacent development, nor would it be detrimental to public health or safety because the project has been designed in a logical manner that comfortably fits within the site’s buildable envelope while providing significantly increased building setbacks from all street frontages and interior property lines. The project features high -quality architecture that enhances the appearance of the site, and significant landscaping within the site frontages’ landscape easements and the introduction of a Commerce Drive sidewalk connecting with the existing sidewalk network that wraps the site would create a safer, more pedestrian - friendly public realm. Furthermore, the proposed project will not be detrimental to the public health, safety, or welfare of persons or property in the vicinity owing to its conformance with applicable Building and Fire code regulations.
(d) Where HARB review is required, the proposed project is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175.
Analysis: The proposed project does not involve a site within a historical overlay district or one that includes a Register or Register-eligible historic resource. As such, HARB review is not required for the project.
FAR Increase
Pursuant to FMC Section 18.250.070, the following findings are required prior to approval of an application for a FAR increase:
(a) The increase in floor area ratio will not cause the project to exceed the capacity of streets and will not adversely affect the privacy of properties in the vicinity of the project;
Analysis: A Transportation Analysis prepared for the project found that all of the signalized intersections studied in the vicinity of the project site would maintain current level of service goals and/or not increase current delay by more than 10 seconds with project implementation. As a result, project impacts on area roadways would not be considered to have an adverse effect and capacities of area streets would not be exceeded. As part of project implementation, a traffic signal would be installed at the Paseo Padre Parkway / Commerce Drive intersection, which is currently unsignalized, in order to improve current level of service and reduce delays for project inbound and outbound vehicular movements.
Though the project site is adjacent to existing residential uses located across Ardenwood Boulevard, privacy impacts on the residences would be nonsignificant owing to at least 200 feet of separation between those existing uses and the proposed project buildings.
(b) A deed restriction approved by the city attorney shall be recorded on the property to ensure that the use of the property remains limited to that presented to the approval authority; and
Analysis: As conditioned, project implementation will be subject to a restrictive covenant and notice of land use limitation for the subject floor area ratio increase.
(c) The proposed project would provide extraordinary benefits to the City.
Analysis: The proposed increase in floor area ratio is associated with an industrial project that constitutes the first viable development at the project site in the planned district’s 43 - year history. At present time, demand for industrial space (including R&D and advanced manufacturing spaces, which project buildings are design to accommodate) in Fremont is strong, with limited availability of space and low vacancy rates. The project figures to deliver high-paying jobs in professional and technical occupations and increase the City’s industrial standing in the region, which would be aided by the site’s key location adjacent to State Route 84, which connects Fremont to the Bay Area’s primary cluster of innovation - oriented technology businesses. The project’s modern industrial buildings will better meet building configuration, access, and power needs of tenants compared to older building stock in the area. Additionally, the project will pay full -freight development impact fees and commercial linkage fees to offset the project’s potential impacts on City public facilities.
The floor area ratio increase would result in a higher fee total than a project with a conforming floor area ratio.
Pursuant to FMC Section 18.250.070, the following findings are required prior to approval of an application for a FAR increase:
Tree Removal
Pursuant to FMC Section 18.215.070, the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:
(a) The proposed removal of 372 protected trees would be consistent with the City’s Tree Preservation Ordinance.
Analysis: The removal of 372 private protected trees from the site is necessary to enable reasonable and conforming use of the property as an industrial development in a campus - type setting. Redevelopment of the site with five new buildings with a combined ground floor footprint of 188,431 square feet, plus necessary parking, circulation, landscaping, storm water treatment, and other associated improvements requires their removal. The remainder of the site’s private protected trees would remain in place, and new trees, both on-site and within the adjacent right-of-way, are proposed in accordance with the City’s Landscape Development Requirements and Policies (LDRP). Of the removed trees, 209 will be mitigated. A tree mitigation fee will be collected for the 163 trees scheduled for removal that cannot be mitigated with no on-site tree plantings
CEQA
Pursuant to CEQA Guidelines Section 15162, when an EIR has been certified for a project no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in 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 or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant 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 or negative declaration 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;
(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.
Analysis: As documented in the CEQA Environmental Consistency Checklist prepared for the project, none of the criteria listed above has occurred. This checklist and other evidence in the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Guidelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed project, which is within the scope of the EIR, and that no further CEQA documentation is required.
II. CONDITIONS OF APPROVAL
General Conditions:
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “A” (Project Plans) and is subject to compliance with all conditions of approval set forth herein.
A-2. Minor Modifications to Approved Plans. Minor modifications to the approved plans may be made, subject to review and approval of the Planning Manager and/or City Engineer.
Minor modifications to building elevations and footprints that support a superior project design may be made, subject to review and approval of the Planning Manager and City Engineer. The Planning Manager and City Engineer shall retain the authority to determine the level of review required (i.e., depending on the severity or location of the modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval).
A-3. Addressing. An application shall be submitted to the City’s GIS Division for approval of the addressing for the development prior to building permit issuance . Building addresses shall be plainly legible and visible from the public street. These numbers shall contrast with their background.
A-4. Development Impact Fees. The project shall be subject to Citywide Development Impact Fees. These fees include fees for fire protection services, capital facilities, and traffic facilities. The fees shall be calculated at the rate in effect at the time of building permit issuance.
A-5. Affordable Housing Fees. The project shall be subject to applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.15 6), as set by the fee resolution in effect at the time of building permit issuance.
A-6. Expiration. Approval of the project entitlements shall expire twenty -four (24) months after the date of approval in accordance with the provisions of the Fremont Municipal Code.
A-7. Standard Development Requirements. The project shall be subject to the standard development requirements to address resource protection (FMC Section 18.218.050).
A-8. Industrial Performance Standards . The project shall be subject to the performance standards applicable to development within an industrial zoning district (FMC Section
18.50.040).
A-9. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. The City shall have the right, in its discretion, to approve separate legal counsel providing the City's defense. The applicant shall reimburse City for any attorneys' fees, costs and expenses directly and necessarily incurred by the City in the course of such defense. Applicant agrees that City will forward monthly invoices to Applicant for attorneys' fees, costs and expenses it has incurred related to its defense of any Action and applicant agrees to timely payment within thirty (30) days of receipt of the invoice. Within fourteen (14) days of an Action being filed, applicant agrees to post adequate security or a cash deposit with City in an amount to cover the City's estimated attorneys' fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City's invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with applicant in the defense of any Action. Nothing in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
A-10. Water Supply Assessment (WSA). The use of the project shall comply with the thresholds of Section 10912 of the Water Code for the requirements of a Water Supply Assessment. The developer shall coordinate with the Alameda County Water District (ACWD) during the building permit review with respect to WSA thresholds, and comply with all applicable requirements.
Planning Conditions:
B-1. Final Colors and Materials Approval . The final colors and materials palette for the project shall be subject to review and approval to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit .
B-2. Fences and Walls. Installation of chainlink fencing shall be prohibited exterior of project buildings. Barbed wire or razor wire shall be prohibited on the site.
B-3. Site and Building Signage. Site and building signage shall be subject to approval of a Master Sign Program. In addition to signage for the individual buildings, monument gateway/entry signs shall be included in the proposed Master Sign Program.
B-4. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. The lighting plan should be designed to meet Illuminating Engineering Society of North America (IESNA) standards. All lighting shall be consistent with the architectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid substantial light or glare that may have an impact on day or nighttime views in the area. All wall lighting fixtures or sconces shall be of high quality, decorative lighting fixtures with concealed lighting elements. Sufficient security lighting shall be installed within commons areas, parking areas, and walkways , subject to the review and approval of Planning Manager or designee, prior to issuance of a building permit.
B-5. Screening of Rooftop Equipment. The developer shall submit building permit plan s that include r ooftop screening elements for all HVAC and mechanical units and associated appurtenances. The type of screening material s selected for rooftop mechanical equipment shall demonstrate sufficient screening and achieve consistency with the architectural design of the buildings to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
B-6. Deed Restriction. A deed restriction approved by the City Attorney shall be recorded on the property to ensure that the use of the property remains limited to that presented to the approval authority.
Landscape Conditions:
C-1. Backflow Devices and Other Above -Ground Utilities. Backflow devices and all other above-ground utilities located exterior of project buildings shall be screened with a continuous evergreen (non -seasonal) hedge, minimum five -gallon size and three -foot minimum height or otherwise concealed from public view to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
C-2. Tree Planting Clearances. All tree planting areas shall be free of all utility structures and other built features, consistent with the spacing requirements defined in Landscape Standard Details (LSDs) 5 and 6.
Transportation Conditions:
D-1. Signage and Striping Plans . Approval of on- site and off-site signage and striping plans shall be required prior to the issuance of building permits. Signage and striping plans shall include a general note stating that “All signage and striping shall conform to the latest CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fremont Standard Details.”
D-2. Retrofit Curb Ramps. The developer shall retrofit the existing curb ramps located on site to meet the latest ADA standards as of building permit issuance to the satisfaction of the City Traffic Engineer.
D-3. Paseo Padre Parkway at Commerce Drive Traffic Signal. The developer shall install a traffic signal at the Paseo Padre Parkway and Commerce Drive intersection to the satisfaction of the City Traffic Engineer.
D-4. New Sidewalk Commerce Drive . The Developer shall install sidewalk along the Commerce Drive frontage of the sidewalk to the Satisfaction of the City Traffic Engineer .
D-5. Sight Distance. Site development plans submitted for review and approval must satisfy adequate sight distances to the satisfaction of the Public Works Director or designee, prior to issuance of a building permit.
D-6. Bicycle Parking. The number of bicycle parking spaces shall conform to FMC 18.183.135 “Required Bicycle Parking,” per Fremont Municipal Code, or the latest California Green Building Standards Code, whichever is more stringent. The location of bicycle parking facilities within the project site, spacing, and required pedestrian walkway clearances adjacent to the bicycle parking spaces are subject to review and approval by the Public Works Director or designee, prior to issuance of a building permit.
Engineering Conditions:
E-1. Encroachment Permit and Construction Agreement. An encroachment permit for the street improvements is required. Encroachment permit shall be issued prior to or concurrently with issuance of the 1 st building permit of the project. The public improvements conditioned as part of this entitlement requires the execution of an Improvement Agreement that guarantees the completion of the public street improvements to the satisfaction of the Director of Public Works. The Improvement Agreement shall be fully executed by the developer prior to issuance of the encroachment permit. This agreement includes engineered plans prepared by the applicant’s consultant, reviewed, and approved by the City, surety (Faithful Performance, Labor and Material and Warranty) and insurance.
E-2. Street Improvements:
a. Developer shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project.
b. Developer shall remove and replace broken or uplifted curb, gutter, and bike path along project frontage.
c. Developer shall close unused driveway cut(s).
d. Proposed driveway approaches shall be type “E”.
e. Developer shall construct the street improvement of Paseo Padre Parkway, Ardenwood Boulevard, and Commerce Drive to the satisfaction of the Director of Public Works. Improvements shall include but are not limited to the following: curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, joint trench facilities, curb ramps, and signing and striping.
f. Developer shall be required grind and overlay the public streets in accordance with the City of Fremont “Street Cutting Policy – Multiple Cuts within One Block.”
E-3. Right-of-Way Dedication . Developer shall dedicate the right -of-way needed to accommodate the ultimate street configuration along the project frontages on Commerce Drive to the satisfaction of the Director of Public Works. The right-of-way easement shall be recorded prior to issuance of the building permit.
E-4. Public Sidewalk Easement Dedication. Developer shall dedicate the public sidewalk easement needed to accommodate the ultimate sidewalk configuration along the project frontages on Paseo Padre Parkway, Ardenwood Boulevard, and Commerce Drive to the satisfaction of the Director of Public Works. The sidewalk easement shall be recorded prior to issuance of the building permit.
E-5. Emergency Vehicle Access Easement (EVAE). Developer shall dedicate EVAE to the satisfaction of the Fire Department. The easement shall be recorded prior to issuance of the building permit.
E-6. Ingress and Egress Easement (IEE). Developer shall dedicate IEE per the approved plans. The easement shall be recorded prior to issuance of the building permit
E-7. Private Strom Drain Easement (PDSE). Developer shall dedicate PSDE per the approved plans. The easement shall be recorded prior to issuance of the building permit.
E-8. Grading and Geology:
a. Coverage Under Statewide Construction General Permit: Projects involving land disturbance of one acre or more are required to obtain coverage under the
“Construction General Permit” (NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities). The applicant must file a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB), prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), and obtain a Waste Discharge Identification number (WDID). A copy of the NOI must be submitted to the City’s Project Engineer prior to issuance of development permits (including demolition, grading, and building permits).
b. Erosion and Sediment Control Plan: The project plan set must include an Erosion and Sediment Control Plan (ESCP) sheet showing the Best Management Practices (BMPs) to be implemented to minimize pollutant discharges related to construction activity.
The ESCP must show the development site at the stage of maximum land disturbance. A copy of the ESCP and/or SWPPP Plan must be maintained on the project site at all times throughout the demolition/grading/construction process; the ESCP and/or SWPPP must be updated as necessary to show adequate BMPs appropriate for the current stage of the project.
c. The Project site is within the State of California Seismic Hazard Zone for Earthquake Induced Liquefaction Zone. A preliminary geotechnical investigation report was submitted which was reviewed and approved with conditions by the City’s peer review consultant. The developer shall submit a final geotechnical report addressing the potential hazard and to be reviewed and approved by the City’s peer review consultant prior to issuance of the building permit.
E-9. Stormwater Treatment and Flow Control Facilities. The Project is required to implement post-construction measures to minimize stormwater pollutant discharges and increases in peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of the entitlement approval is approved in concept only; the Final Stormwater Management Plan must contain/address all elements of the Final Stormwater Management Plan Checklist (available at www.fremont.gov/swmp). Developer is required to submit engineered plans, details and calculations that demonstrate compliance with Provision C.3 of the Municipal Regional Permit.
E-10. Quitclaim Stormwater Treatment Measures Maintenance Agreement. The project is required to submit a Stormwater Treatment Measures Maintenance Agreement (aka O&M Agreement) for review and approval concurrent with the application for building permits.
Template documents and instructions for completing the O&M Agreement may be found at http://fremont.gov/stormwaterdevelopment. Submittal of an approved, executed O&M Agreement is required prior to building permit issuance.
E-11. Lot Combination. Developer shall file a separate lot combination application to consolidate the existing two lots into a single lot within the boundaries of the project. The lot combination must be recorded prior to issuance of the building permit for Building 3.
E-12. Vacation of Public Easements . Developer shall file a separate application to vacate the existing Emergency Vehicle Access Easement (EVAE) and Public Utility Easement (PUE) within the boundaries of the project. The vacation of the easements shall be recorded prior to issuance of the building permit.
E-13. Vacation of ACFC, WCD, and EBRPD Easement . Developer shall vacate the existing 40’ easement within the boundaries of the project prior to issuance of the building permit.
Commented [A1]: Is this for Ardenwood at Paseo?
E-14. Quitclaim of Private Easements . Developer shall cause to quitclaim all existing private easements per the approved plans. The quitclaim documents shall be recorded prior to issuance of the building permit.
E-15. Storm. Developer is required to submit a hydrology map and hydraulic calculations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15 -year recurrence interval for primary facilities and 10 -year recurrence interval for secondary facilities in accordance with the latest Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run -off from the project site. Off -site construction of storm drainage facilities to mitigate projected flows may be required.
E-16. Undergrounding. A ll new utility service connections, including electrical and communications, shall be installed underground .
E-17. Referrals. Prior to issuance of the building permit, Developer shall refer the project to the following agencies for approvals: Alameda County Water District (ACWD); Union Sanitation District (USD); and Alameda County Flood Control & Water Conservation District (ACFC&WCD).
Fire Safety Conditions:
F-1. Emergency Response Requirements. The project will require a digital plan submission to the GIS Department. The digital plan submission will be used by the Fire Department to aid in emergency response. The information required in the digital plan submission is listed on the City of Fremont, GIS website under Digital Submittal Standards and Requirements at the following link: http://www.fremont.gov/index.aspx?NID=657 It should be noted that the information required is specific to emergency response and may require the removal or addition of layers and coordination between design disciplines i.e. sprinkler design, fire underground design, fire alarm design, etc. This process contains detailed information which if left till the end of the construction phase may cause in a delay of occupancy due that the information must be completed and approved prior to occupancy.
F-2. Fire Flow and Duration. 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%, as approved, is allowed when the building is provided with an approved automatic sprinkler system." Calculations will be required in upcoming Entitlements/Building Permits.
Stormwater Conditions:
G-1. Stormwater Management Plan . The Project is required to implement post -construction measures to minimize stormwater pollutant discharges and increases in peak flows in accordance with the requirements of the Municipal Regional Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of the tentative map approval is approved in concept only. Approval of a final Stormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to the provision of necessary plans, details, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit.
G-2. Operations and Maintenance Agreement . A Stormwater Management Measures Operations and Maintenance Agreement (aka O&M Agreement) shall be submitted for
review and approval as part of the project’s initial building permit application package.
Building permits for project buildings shall be subject to O&M Agreement execution.
Building Safety:
H-1. Building Code. Project shall meet current building code (at the time of building permit application). At present time, applicable code requirements are the 20 22 California Building Code; the 202 5 California Building Code requirements shall be applicable to any application received after January 1, 2026.
H-2. Trash Enclosures. Final trash enclosure designs shall include an accessible path of travel and pedestrian access door to the satisfaction of the Building Official.
H-3. Building Code Area and Height . At building permit application, the developer shall revise the calculations to indicate at 69,000 square feet for a Type II -B sprinkler multi - story buildings to comply with CBC section 506.2.1 to determine the allowable area.
Environmental Services – Waste Management:
I-1. Garbage and Recycling Requirements. Garbage and recycling requirements are explained in the Fremont Waste Handling Guidelines document, available at:
www.fremont.gov/whg.
I-2. Collection Service. Weekly garbage, recycling and organics collection services are required for all commercial and residential properties and are provided by Republic Services on an exclusive basis.
I-3. Collection. Applicant shall ensure adequate, accessible and convenient areas for collecting and loading of materials by garbage and recycling trucks are maintained.
END OF CONDITIONS
APPLICANT PLEASE NOTE:
The fees, dedications, reservations and/or other exactions imposed on this project are those listed in the foregoing conditions of approval. Any fee, dedication, reservation or other exaction is deemed imposed on the date of this approval. The applicant is hereby notified that the 90 -day period in which the applicant may protest these fees, dedications, reservations and other exactions pursuant to Government Code Section 66020(a) begins on the date they are imposed. If the applicant fails to file a protest within this 90 -day period complying with all the requirements of Government Code Section 66020, the applicant shall be legally barred from later challenging such actions.