ZONING ADMINISTRATOR PERMIT
STAFF REPORT
OCTOBER 15, 2024
Project: ARDENWOOD AT PASEO — 6200 Paseo Padre Parkway —PLN2022- 00466
Proposal: To consider a Discretionary Design Review Permit and a floor area ratio increase request in conjunction with a proposed five -building light- industrial/R&D development consisting of 407,250 square feet of new floor area , 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) per, without limitation, CEQA Guidelines Section 15183 , as the project i s consistent with the General Plan, for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified.
Recommendation: Approve, based on findings and subject to conditions.
Location: 6100 Paseo Padre Parkway, APN 543-439-125
6200 Paseo Padre Parkway, APN 543-439-148
Unaddressed parcel, APN 543-439-35
Unaddressed parcel, APN 543-439-127
(See aerial photo next page)
Area: 407,250 square feet of new floor area and 43,172 square feet of renovated floor area on a 1,054,200-square-foot (24.2-acre) site People: Evan Sockalosky, Arc Tec Inc., Applicant/Architect Mark Knudsen, Kier + Wright, Civil Engineer
Gavin Christensen, Owner
Marc Cleveland, Staff Planner (510) 494-4543;
[email protected]
General Plan: Tech Industrial
Zoning: P-81-15 (Ardenwood Planned District)
EXECUTIVE SUMMARY:
The subject of this application is a request for approval of a Discretionary Design Review Permit and a floor area ratio (FAR) increase in conjunction with development of five new industrial buildings and the renovation of an existing industrial building on 24 .2 acres of land in P-81-15, the Ardenwood Planned District. The project’s southern lot would have a 0.51 FAR that exceeds the maximum 0.35 FAR standard applicable to Tech Industrial-designated lots occupied by light-industrial/R&D uses.
With that exception, for which findings for approval have been recommended within this report, the project is consistent with the development standards and objective Design Rules in effect for the site, as well as numerous General Plan policies. Staff therefore recommends approval of the project as depicted in Exhibit “A,” based on findings and subject to the conditions of approval in Exhibit “B.”
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Figure 1: Aerial Photo of Project Site and Surrounding Area.
SURROUNDING LAND USES:
North: Baylands (zoning: Open Space); Residential (zoning: P-2005-80 and P-2005-186) South: Industrial (zoning: P-81-15)
East: Residential (zoning: P-81-15 and P-2005-80)
West: Baylands (zoning: Open Space)
Project Site
(bounded in red)
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BACKGROUND AND PREVIOUS ACTIONS:
The site was historically used for agricultural purposes until 1985, when the 43,172-square-foot building at 6200 Paseo Padre Parkway was constructed. Initially used for the design and production of communications systems, the building has been used as a solar panel R&D facility from 2010 to present day. Since 2011, the 6100 Paseo Padre Parkway parcel and the unaddressed vacant parcel at the southern end of the site have been used as a commercial solar farm operated by the 6200 Paseo Padre Parkway tenant (Nextracker). All other project site land sits vacant.
Planned District P-81-15 was approved by the City Council in December 1981 for the development of the project originally referred to as Ardenwood Forest – New Town. As originally planned, Ardenwood Forest – New Town was to include facilities for living, working, shopping, and recreation.
The plan called for approximately 3,800 dwelling units, 280 acres of high-technology industr ial business park, 37 acres of commercial uses, and 105 acres for schools, parks, and open spaces.
Much of the plan has been implemented; the project would infill a significant portion of the planned yet unbuilt industrial area.
In February 2006, the City Council amended P-81-15 to allow an increase in the maximum building height to 75 feet (from 45 feet) on lands bounded by Paseo Padre Parkway, Ardenwood Boulevard, and State Route 84, an area which includes the project site. The City Council further amended the planned district in September 2016 by tying land use allowances within the planned district’s Tech Industrial-designated areas to the land use allowances of the I-T (Tech Industrial) zoning district, as set forth in Fremont Municipal Code Table 18.50.090.
PROJECT DESCRIPTION:
The project would complete development of the six-parcel site that’s located at the north end of the planned district’s industrially-focused area . As proposed, the southern portion of the site along Commerce Drive would be developed with two (2) two -story light -industrial buil dings, both measuring 75,112 square feet, and one (1) three-story, 91,162-square-foot light-industrial building.
The two-story buildings would stand 36’ -6” tall and the three -story building would stand 51’ -6” in height. The site’s Paseo Padre Parkway front age would be developed with two (2) two -story light- industrial buildings. The building proposed at the southern end of the frontage would measure 75,112 square feet in size and the building proposed at the northern end of the frontage would measure 90,750 square feet. Both buildings would stand 36’-6” in height. Situated between these two buildings is an existing one -story light-industrial building (6200 Paseo Padre Parkway) measuring 43,172 square feet that would be renovated but not expanded. Two existing light-industrial buildings along the Ardenwood Boulevard frontage (34175 and 34325 Ardenwood Boulevard) would remain unmodified by the project.
A total of 1,403 vehicle parking spaces would be provided for the project. These parking spaces would be loca ted in a contiguous surface parking lot that covers the non -building and landscape areas of the site. Of these spaces, 145 would be equipped with electric vehicle charging stations.
The project would also include 79 short-term bicycle parking spaces and 61 long-term bicycle parking spaces. Access to the site would come from two proposed curb -cuts along Commerce Drive, two existing curb -cuts along Paseo Padre Parkway, and one existing curb -cut along Ardenwood Boulevard. Existing parking areas and an Ardenwood Boulevard curb-cut supporting the two existing light-industrial buildings adjacent to the project site would remain unmodified by the project.
Project development would necessitate removal of 372 trees from the site. A total of 523 new trees would be planted within the site’s perimeter landscape easement, within the proposed parking fields, and in open space amenity areas proposed adjacent to each project building.
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The project would involve the combination of the site’s two southern lots (APNs 543 -439-35 and 543-439-127) to create a single, 14.22-acre lot. The combined southern lot would house the three new Commerce Drive buildings and the southern-most Paseo Padre Parkway building. The resulting FAR for the lot would be 0.51, which exceeds the adopted FAR maximum (0.35) for non - manufacturing or warehouse uses on Tech Industrial-designated sites. The project as a whole would have a FAR of 0.42.
Off-site, a new six-foot-wide sidewalk would be installed along the site’s Commerce Drive frontage where no public walk current exists. The sidewalk would connect to existing sidewalks that line the site’s Paseo Padre Parkway and Ardenwood Boulevard frontages. Additionally, as conditioned and found warranted based on a traffic signal warrant analysis, the project would be required to install a traffic signal at the currently-unsignalized Paseo Padre Parkway / Commerce Drive intersection that abuts the site.
PROJECT ANALYSIS:
General Plan Conformance:
The project site is designated Tech Industrial in the General Plan’s Land Use Element. Sites with this designation are intended for research and development, “clean and green” tech, and semi-conductor, computer hardware, software a nd related technological, administrative, sales, and engineering facilities. These areas play an essential role in the Silicon Valley economy and provide a high volume of business-to-business sales tax for Fremont.
The following General Plan Policies and Goals are applicable to the proposed project:
LAND USE POLICY 2-1.11: Infill Emphasis – Focus new development on under-developed or “skipped over” sites that are already served by infrastructure and public streets.
LAND USE GOAL 2-2.7: Building Height and Intensity – Apply Floor Area Ratio (FAR) and building height standards in commercial, industrial, and mixed use areas which limit the intensity of development; permit FARs and heights which exceed the adopted maximums for projects which provide extraordinary benefits to the City.
LAND USE POLICY 2-5.1: Land Supply and Job Growth – Maintain an industrial land supply that is adequate and suitable for the continued growth of the City’s core industries, including computer and communications manufacturing, biotechnology, green technology, logistics/distribution, and emerging technologies.
LAND USE POLICY 2-5.9: Optimizing the Use of Industrial Land – Encourage more efficient and productive use of underutilized industrial land. Industrial land should be recognized as a limited resource that must be carefully managed to accommodate projected job growth and market needs.
ECONOMIC DEVELOPMENT GOAL 6-1: A Dynamic Local Economy – Create and sustain a dynamic local economy that attracts investment, increases the tax base, generates public revenues, creates employment, provides recreational, shopping and service opportunities for residents, and maintains a balance of jobs and housing.
ECONOMIC DEVELOPMENT GOAL 6-3: A Diverse Mix of Industrial and Technology Uses – Support and promote a diverse mix of industrial and technology uses to provide jobs and tax revenues for the community.
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Analysis: The project constitutes a n infill industrial development on land that’s been intended for such use since 1981 and is well-served by abutting high-volume roadways and other infrastructure.
Implementation of the project would strengthen the City’s industrial base, support a wide range of quality jobs, and generate a significant amount of revenue. The project features a logical site layout, abundant perimeter landscaping, and clean, contemporary architecture with a high degree of transparency for increased compatibility with adjacent residential uses. The increased project FAR would enhance the viability of the project and contribute to greater project employment potential.
Zoning Regulations:
Per the aforementioned September 2016 amendment to P -81-15, future uses at the project site would be subject to the land use allowances of the I-T zoning district. The proposed project buildings and the existing building to be renovated have been designed to accommodate light-industrial/R&D uses, which are permitted uses within the I -T zoning district. Future occupants of project buildings will be evaluated individually for conformance with I-T zoning district land use regulations.
The planned district features specific development criteria that in some areas differs from citywide standards. The following tables show project compliance with select applicable standards for the site.
Table 1—Development Standards (P-81-15 or General Plan)
Development
Standard
Requirement
Proposed Project
Complies?
Maximum FAR
0.35 (non-manufacturing or
warehouse uses)
0.30 (6100 Paseo Padre
Parkway);
0.33 (6200 Paseo Padre
Parkway; existing/no
change); and
0.51 (Southern lot)
No
(Southern
lot)
Minimum
Street Setback
25 feet 25+ feet (parking areas)
102+ feet (buildings)
Yes
Minimum
Interior Setback
20 feet 45+ feet Yes
Maximum
Building Height
75 feet 36’-6” – 51’-6” Yes
As shown in Table 1 above, the project would conform to applicable development standards for a new industrial project at the site with the exception of the southern lot’s FAR. Staff’s findings for the requested FAR increase can be found in the Findings for Approval section of this report.
Table 2—Automobile Parking Standards (P-81-15)
Project
Industrial
Gross Floor
Area
Industrial
Parking
Standard
Parking Spaces
Required
Parking Spaces
Proposed Complies?
450,422 SF One space /
450 SF
1,001 1,403 Yes
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Table 3—Bicycle Parking Standards (FMC Table 18.183.135)
Bicycle
Parking Type Minimum
Parking Spaces
Required
Parking Spaces
Proposed
Complies?
Short-term
Four, plus 5%
required
automobile
parking
55 79 Yes
Long-term
One, plus 5%
required
automobile
parking
52 61 Yes
Per Tab les 2 and 3 above, the project meets the minimum automobile and bicycle parking requirements. Automobile and short-term bicycle parking would be provided upon construction of project buildings and their related site improvements; long -term bicycle parking is proposed to be within the interior of each building and would be provided upon initial tenant improvement.
Architecture and Design:
The proposed project has been designed for consistency with the Section IV—Siting and Design Criteria of P-81-15. Additionally, the project conforms with the requirements of the Citywide Design Guidelines in that all Design Rules applicable for an industrial development have been met, including those related to site d evelopment, building design, and landscape design , and the project is in substantial conformance with the non-required Design Guidelines.
The project is laid out in a manner that creates a campus -like environment, as intended by the planned district. A wide landscape buffer rings the site’s perimeter, and project buildings are situated such that they conceal much of the site’s interior parking areas from public view. The project’s concrete tilt-up buildings feature a consistent, high-quality design aesthetic that incorporates high- transparency, aluminum-framed window systems and a mix of finishes that includes metal composite and corrugated panels, horizontal accent elements, and a complementary color palette to add visual interest. Building r ooftops have been designed with eight -foot-tall parapets that architecturally integrate into the building elevations. The loading and service areas of each building have been placed along their rear, concealing these areas and from public view. Exterior lighting, both at each building and within the parking fields , has been designed to eliminate the potential for glare on neighboring properties.
Landscape:
The project features a comprehensive landscape design that adds to the visual quality of the site.
Project frontages feature a 20’ – 30’-foot-wide landscape easement that would be planted with a repeating pattern of spreading shade trees and row trees along the parking lot edges. Within the easement, a three-foot-tall earthen berm, planted with evergreen buffer shrubs, would further screen the site’s parking areas from public view. Enhanced tree and shrub plantings would be provided at each driveway entrance and at street intersections to elevate the project’s curb appeal. In total, 523 new tree plantings would be proposed.
Within the site’s interior, parking areas would feature landscaped medians with tree plantings to provide shading and visual relief. The front elevations of each building would feature strategically Item 1. Ardenwood at Paseo - MC PLN2022-00466
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located accent and specimen trees. Outdoor employee amenity spaces are provided b etween each pair of project buildings. These spaces – three in total – feature accent paving, seat walls, movable furniture, and an overhead shade structure that shelters an outdoor kitchen and dining area.
The project’s conceptual landscape plan has been reviewed by a staff landscape arch itect and been found to be in conformance with applicable FMC provisions and to contribute to project aesthetics.
As selected, all proposed project plantings would be of species having low -to-medium water demands, furthering water conservation efforts.
FINDINGS FOR APPROVAL:
Pursuant to FMC Section 18.235.060, 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.
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; and Analysis: The proposed project is consistent with the applicable Design Rules contained within the Citywide Design Guidelines , is in substantial conformance with t he 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 nonmultifamily project’s architectural, site, and lan dscape 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 significant ly 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 s ignificant landscaping within the site frontages’ landscape easements and the introduction of a Com merce Drive sidewalk that w ill connect 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.
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Analysis: HARB review is not required for this project as it is not within a designated historic district and there are no Register or Register-eligible resources on the site.
Pursuant to FMC Section 18. 250.070, the following findings are required prior to approval of an application for a floor area ratio 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 propertie s 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.
(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 i ndustrial building 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 18.215.070, 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 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 Item 1. Ardenwood at Paseo - MC PLN2022-00466
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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.
Environmental Review:
The proposed project is subject to no further environmental review pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning, as the project is consistent with the General Plan for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified . Please see Informational Item No. 1 – CEQA Determination for more information.
CITY FEES:
The proposed project is subject to development impact fees. Fees would be calculated and due at the time of building permit issuance unless a deferral agreement is approved and executed.
PUBLIC NOTICE AND COMMENT:
Public hearing notification is applicable. Notices were mailed to owners and occupants of property within 300 feet of the site. The notices to owners and occupants were mailed on September 6, 2024.
A Public Hearing Notice was published by The Tri-City Voice on September 3, 2024.
ENCLOSURES:
Exhibit A—Project Plans
Exhibit B—Findings and Conditions
Informational Item No. 1—CEQA Determination
RECOMMENDATION:
1. Hold public hearing;
2. Find 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
3. Approve the Discretionary Design Review Permit and floor area ratio increase, as shown on Exhibit “A,” subject to findings and conditions of approval in Exhibit “B.” Item 1. Ardenwood at Paseo - MC PLN2022-00466
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Existing Zoning
Shaded Area represents the Project Site
Existing General Plan
Shaded Area represents the Project Site