Minutes Planning Commission – September 25, 2025 PAGE 1
DRAFT MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF SEPTEMBER 25, 2025
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/#
PUBLIC HEARING ITEMS
Item 3. WARM SPRINGS – LOPES ROAD APPEAL – 44960 Lopes Road – PLN2026- (02:08:18) 00023 – To consider a first -party (project proponent) Appeal of staff’s determination regarding the use of a concession under State Density Bonus Law to lower an adopted minimum residential density below that required by the City’s General Plan, Warm Springs/South Fremont Community Plan, and corresponding Zoning Ordinance for a project proposed within a Transit -Oriented Development (TOD) Overlay District adjacent to the Warm Springs/South Fremont BART Station submitted under PLN2025-00253, and to consider a finding that no environmental review is required for the appeal action as, in isolation, it is not considered a "Project" under CEQA Guidelines Section 15378; and, on a separate and independent basis, without limitation, 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 would have a significant effect on the environment.
Assistant Planning Manager Clifford Nguyen introduced the item.
Project Planner Kevin Lee gave a detailed presentation, and responded to questions from the Commission with assistance from Assistant Planning Manager Clifford Nguyen regarding the minimum density requirements for the area and the proximity of the proposed project to the Warm Springs/South Fremont BART station.
Chairperson Basrai opened the public hearing for this item.
Tim Ramm, representing Newport Equities, spoke to the timeline of the application for the proposed project and related correspondence with City staff. Mr. Ramm also responded to questions from the Commission regarding the lower density proposal, other development options, and the expected timeline for construction.
Sunas Bhatt commented on the current density of Lopes Road and its proximity to nearby schools.
Kiran Machhewar commented on limited parking on Lopes Road, size of the local public park, and noise due to the local BART station.
Informational Item 3 - Draft Planning Commission Meeting Minutes
LOPES RD MULTIFAMILY APPEAL
City Council Hearing
November 4, 2025
Minutes Planning Commission – September 25, 2025 PAGE 2 Kelly Abreu commented on the proximity of the Tesla east parking lot to the proposed project site and density for said area.
Vijayalaxmi Padmanabhan commented on traffic, parking, and privacy issues for the proposed project site.
Nikhil Komawar commented on traffic flow from Grimmer Boulevard to Lopes Road, the size and limited access to the public park near Lopes Road, and noise emanating from the Warm Springs/South Fremont BART station.
Tim Ramm briefly spoke in rebuttal.
Chairperson Basrai closed the public hearing for this item.
Following clarifying questions to staff and deliberation, Commissioner Yee moved to approve staff recommendation and Commissioner Craig seconded.
IT WAS MOVED ( YEE/CRAIG) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND THAT ACTION ON THE APPEAL IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO,
WITHOUT LIMITATION, EACH ON A SEPARATE AND INDEPENDENT
BASIS, CEQA GUIDELINES SECTION 15378 (PROJECT), AS THE ACTION ON THE APPEAL IS NOT CONSIDERED A “PROJECT”; 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 WOULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT;
AND
FOUND THAT THE PROPOSED CONCESSION TO REDUCE THE REQUIRED
MINIMUM DENSITY IS INCONSISTENT WITH AND CONTRARY TO STATE
LAW AND SHOULD BE DENIED PURSUANT TO GOVERNMENT CODE
SECTION 65915(D)(1)(C), 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, FOR THE REASONS CONTAINED IN THIS STAFF REPORT;
AND
DENIED THE FIRST-PARTY APPEAL (UPHOLDING STAFF’S DECISION).
The motion carried by the following vote:
AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0