Resolution 2025-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S ACTION TO UPHOLD STAFF’S DETERMINATION TO DENY THE USE OF A
CONCESSION UNDER STATE DENSITY BONUS LAW TO LOWER AN ADOPTED
MINIMUM RESIDENTIAL DENSITY EXEMPTION BELOW THAT REQUIRED BY THE CITY’S GENERAL PLAN, WARM SPRINGS/SOUTH FREMONT
COMMUNITY PLAN, AND CORRESPONDING ZONING ORDINANCE FOR A
HOUSING PROJECT PROPOSED WITHIN THE TRANSIT -ORIENTED
DEVELOPMENT (TOD) OVERLAY DISTRICT ADJACENT TO THE BART STATION SUBMITTED UNDER PLN2025 -00253; MAKING FINDINGS OF CEQA
EXEMPTION AND NO FURTHER ENVIRONMENTAL REVIEW REQUIRED
WHEREAS, Tim Ramm (the “Applicant”) applied for a Discretionary Design Review, Tentative Tract Map, and other associated entitlements to develop 127 attached townhome units across multiple three-story buildings on a 6.56-net-acre lot located at 44960 Warm Springs Boulevard under project number PLN2025-00253 (the “Project”); and
WHEREAS, the Applicant asserted that the minimum established density for the site (50 dwelling units per net acre) qualified as a concession under State Density Bonus Law (“DBL”) to allow for the Project’s proposed density of 19.4 dwelling units per net acre; and WHEREAS, Planning Division staff informed the Applicant that the use of a concession to lower the minimum established density for the site was contrary to State Density Bonus Law and that environmental review under the California Environmental Quality Act (“CEQA”) would not be conducted for a project that is disapproved; and
WHEREAS, on August 22, 2025, an Appeal was filed to the Planning Commission challenging staff’s determination of the use of the concession to lower minimum density under DBL and the refusal to conduct environmental review under CEQA; and
WHEREAS, on September 25, 2025, the Fremont Planning Commission held a public hearing and denied the Appeal, upholding staff’s determination; and WHEREAS, on September 26, 2025, an Appeal was filed to the City Council, challenging the Planning Commission’s action on the Appeal; and,
WHEREAS, on November 4, 2025, the City Council held a duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice was given in all respects as required by law; and WHEREAS, the City Council heard and considered all said reports, recommendations, and evidence in advance and at the public hering, and used its independent judgement to evaluate the project and the appellant’s grounds for the appeal.
Resolution 2025-XX Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council Findings Denying the Appeal. The City Council finds that the proposed concession to reduce the required minimum density under State Density Bonus Law is inconsistent with and contrary to State law and, therefore, is denied pursuant to, without limitation, Government Code Section 65915(d)(1)(C), and the Project’s density as proposed is inconsistent with the fundamental purpose, goals, and policies for the transit-oriented development outlined in the City’s General Plan and Warm Springs/South Fremont Community Plan; and standards of the Zoning Ordinance. The City Council also finds and denies the Appeal with respect to its claims that the City is obligated to conduct CEQA review because, without limitation: (1) environmental review under the California Environmental Quality Act is not required for the Project under CEQA Guidelines Section 15270(a) (“Projects Which Are Disapproved”); and (2) the Appeal’s assertions regarding CEQA are effectively mooted by the City’s accommodation of Appellant’s request to initiate tribal consultation pursuant to AB 130.
SECTION 2. CEQA. This action of the City Council on this Appeal is exempt from CEQA because, without limitation, action on the Appeal is not considered a “project” per the definition contained in CEQA Guidelines Section 15378 (Project). In addition, each as a separate and independent basis, the action on the Appeal is exempt pursuant to CEQA Guidelines Section 15270 (Projects Which Are Disapproved), as CEQA does not apply to projects which a public agency rejects or disapproves and/or CEQA Guidelines Section 15061(b)(3) (Review for Exemption), in that there is no possibility that action on the Appeal with have a significant effect on the environment.
SECTION 3. Appeal Denial. The City Council hereby denies the Appeal, upholding the Planning Commission’s action to deny the previous Appeal.
ADOPTED __________, 2025, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
________________________________________
City Clerk
APPROVED AS TO FORM:
________________________________________
City Attorney