Informational Item 4 Public Correspondence — Fremont City Council, November 4, 2025

1 Kevin Lee
From:

Sent: Sunday, September 21, 2025 1:52 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026-00023)
Dear Planning Commission and Project Planner Kevin Lee, I live within the notice area near 44960 Lopes Rd. I respectfully ask the Commission to delay or deny the appeal and pause the underlying application until core community issues are addressed with enforceable measures.

Lopes Rd is a short, narrow street with severe parking constraints—most nearby homes have single-car garages, curb space is already saturated, visitors often have nowhere to park, and nighttime parking is difficult. The site also sits by a secondary access to Lila Bringhurst Elementary; during arrival and dismissal, queues spill over, slowing commuters and elevating pedestrian safety and cleanliness concerns (e.g., litter). In addition, this parcel is our last open view of the hills and the only green buffer; new buildings would reduce sunlight and privacy for adjacent homes.

Requested actions: please require (1) a workable Residential Permit Parking (RPP) program (evening priority for residents, daytime limits with resident exemptions and visitor permits); (2) updated traffic/parking counts and a school-zone operations plan; and (3) privacy protections (height/setbacks/view corridor). Only after these protections are implemented and proven effective should any housing at this site be reconsidered.

Sir, it is a sincere request. Please give it due consideration before making a decision. Looking forward to hearing from you.

Thank you for your consideration.

Name
Address (street only is fine)
Informational Item 4 - Public Correspondence

LOPES RD MULTIFAMILY APPEAL
City Council Hearing
November 4, 2025
1 Kevin Lee
From:

Sent: Sunday, September 21, 2025 9:41 AM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026-00023)
Dear Planning Commission and Project Planner Kevin Lee, I am a resident within the notice area near 44960 Lopes Road, and I respectfully urge the Commission to delay or deny the current appeal and pause the underlying application until key community concerns are addressed through enforceable measures.

Lopes Road is a short, narrow street already burdened by significant parking constraints. Most homes nearby have only single-car garages, curb space is fully saturated, and visitors often struggle to find parking—especially during evening hours. The project site is also adjacent to a secondary access point for Lila Bringhurst Elementary. During school arrival and dismissal times, traffic queues spill into the neighborhood, slowing commuters and raising concerns around pedestrian safety and cleanliness, including increased litter.

Additionally, this parcel represents the last open view of the hills and serves as a vital green buffer for our community. New development would reduce sunlight and privacy for adjacent homes.

I respectfully request the Commission take the following actions before considering any further development at this site:

1. Establish a workable Residential Permit Parking (RPP) program – prioritizing evening parking for residents, with daytime limits, resident exemptions, and visitor permits.

2. Require updated traffic and parking studies – including a school-zone operations plan that accounts for pickup/drop-off congestion and pedestrian safety.

3. Ensure privacy protections for nearby homes – such as building height limits, increased setbacks, and view corridor preservation.

Only after these protections are implemented and proven effective should any housing at this site be reconsidered.

Thank you for your time and consideration.

Sincerely,

Sent from Yahoo Mail for iPhone

1 Kevin Lee
From:

Sent: Sunday, September 21, 2025 7:21 PM
To: planinfo; Planning Commission; Kathy Kimberlin; Kevin Lee Subject: 44960 LOPES RD (PRP2023-00008) - Planning Commission (PLN2026-00023) Dear Planning Commission Members,
I am writing to express my concerns to the proposed development at 44960 Lopes Road. As a resident of this neighborhood, I have serious concerns about this project's impact on our community's safety, infrastructure, and quality of life.

My primary concerns are:

1. Traffic Safety and Parking:
o
Lopes Road is already experiencing dangerous traffic conditions with frequent accidents at intersections
o The narrow road cannot safely accommodate additional traffic volume o There is virtually no street parking available on Lopes Road o Existing residents struggle to find parking for themselves and visitors

2. Over-densification:
o Our area is already saturated with multiple apartment complexes o Community facilities, including our local park, are overcrowded o The proposed development would further strain our community resources o The neighborhood infrastructure was not designed for such high-density housing

3. Public Safety:
o We've seen a concerning increase in theft, vandalism, and littering in our area o Adding more high-density housing without addressing existing security issues would likely worsen these problems

4. School Impact:
o Additional large-scale residential developments will overwhelm our educational infrastructure
o The quality of education could be compromised due to overcrowding

5. Property Values:
o The excessive concentration of high-
density housing in our area threatens existing property values
o The character of our neighborhood would be fundamentally altered Given these significant concerns, I strongly urge the Planning Commission to deny this appeal and reject any further residential development in this already overcrowded area.

Sincerely,

1 Kevin Lee
From: James Willis
Sent: Monday, September 15, 2025 12:16 AM
To: Kevin Lee; Mark Hungerford
Subject: Fw: Cancel PRP2023-00008 (44960 Lopes Rd) and Implement Immediate School-Zone & Parking Controls

James Willis

SENIOR PLANNER

City of Fremont | Community Development
39550 Liberty St., Fremont, CA 94538
(510) 494-4449 |
[email protected]

From: school-zone-safety <[email protected]>
Sent: Monday, September 15, 2025 12:15:22 AM
To: James Willis <[email protected]>; Teresa Keng <[email protected]>; TransportationEngineering <[email protected]>; Development Services <[email protected]>; TrafficUnit <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Cc: Joel Pullen <[email protected]>; Clifford Nguyen <[email protected]>; Engineering <[email protected]>; CClerk <[email protected]>; [email protected] <[email protected]>; Planning Commission <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Subject: Re: Cancel PRP2023-00008 (44960 Lopes Rd) and Implement Immediate School-Zone & Parking Controls

Dear City of Fremont, FUSD,
This is a brief supplement/correction to my earlier email regarding PRP2023-00008 (44960 Lopes Rd). 1) Resident Parking Permit (RPP) — request for a City-run pilot Please include in the record that residents are explicitly requesting an RPP pilot for the S. Grimmer / Insight / Wisdom / Lopes corridor: resident-priority overnight, daytime time-limited for visitors, and consistent enforcement funding. New projects should proportionally contribute to Year-1 startup & enforcement. This is essential to protect residential curbs and keep driveways/intersections clear. 2) Lila Bringhurst enrollment — >1,100 this year
Please also note that Lila Bringhurst Elementary’s enrollment reportedly exceeds 1,100 students this year, and parents are actively reporting peak-hour congestion and safety pressure around the school approaches. We ask the City/FUSD to publish 2024–25 enrollment (opening day & current month) and the related peak counts/queue-clearance data for transparency.

All other requests in the original letter remain the same, including:
2  Cancel PRP2023-00008 or adopt a temporary moratorium on discretionary residential approvals until parking, school, and S. Grimmer/Lopes corridor mitigations are funded, permitted, and under contract;
 Immediate 30-day measures (staffed controls & joint enforcement; AB 413 daylighting signing/enforcement; all short-term stopping off-street);  If 44960 proceeds, require step-down massing, privacy screening/glazing, evergreen buffers, and a shadow study before any Certificate of Occupancy.

Please attach this supplement to my previous email so it is included in the official record. Thank you for your attention.

Respectfully,
Residents of the S. Grimmer / Insight / Wisdom / Lopes corridor

On Sun, Sep 14, 2025 at 11:27 PM school-zone-safety <[email protected]> wrote:

Dear Mr. Willis and City of Fremont staff:

We are residents living next to Lila Bringhurst Elementary and the Warm Springs/South Fremont BART Station. On school days, peak-hour curb saturation and unsafe maneuvers routinely block residential access and heighten pedestrian risk. The root constraint is insufficient off-street short-term parking and limited on-campus drop-off capacity amid rapid, high-density housing nearby.

Below are concise observations and auditable requests.

I. Key Observations
A. School-hour operations
 Peak periods: ~7:30–8:30 AM and 2:30–3:30 PM. Recurring behaviors include double-parking, wrong-way curb stops, and mid-block U-turns, often impeding residential driveways and intersections.
 September 10, 2025 incidents: Near Accelerator Dr & Lopes Rd during a peak period, a crash related to improper stopping/driving occurred (no injuries). A separate vehicle–student collision was publicly reported the same day; the child was reportedly transported to the emergency department.
 Sight distance: The right-side school-exit crosswalk has limited approach sightlines; drivers often fail to yield in time.
 Curb saturation: Neighborhood curbs are already full; converting residential frontage to short- term school use is not feasible.

B. Planning case PRP2023-00008 (44960 Lopes Rd)
Request: Cancel PRP2023-00008 and decline further submittals at this location. The Lopes corridor and Accelerator approaches cannot safely or feasibly absorb added access/parking demand (see immediate controls below).
3 II. Why 44960 Lopes Rd Is Infeasible (Findings)

1. Short-block geometry & queuing (Lopes Rd): A short, two-way funnel to the S. Grimmer signal with very limited storage. Any new driveways/curb activity would spill queues, block driveways/intersections, and raise conflict risk.

2. School proximity (Accelerator Ave): Curbs are full, sightlines are tight, and staffing is thin during peaks; any added project traffic would magnify student risk.

3. On-site capacity limits: Many townhomes along Lopes have single-car garages; second cars and visitors already spill to the public curb (see Exhibit F).

4. State daylighting rules: Required daylighting at crosswalks/driveways will further reduce the curb supply the corridor currently relies on.

5. Cumulative corridor growth: A newly completed, not-yet-occupied building on S. Grimmer across from the school, Aya Apartments (45147 Lopes Rd), and potential corner infill at S.

Grimmer & Old Warm Springs will add all-day person trips, turning movements, deliveries/ride- hail activity, and curb demand—compounding congestion, noise, and safety risks.

6. Livability, privacy & safety (mitigations if not canceled): Upper-story massing next to low-rise homes would reduce daylight and enable direct overlook; saturated curbs further invite theft/trespass, litter, wet-weather issues, and construction dust/noise. If not canceled, require upper-story stepbacks and privacy screening, CPTED measures (lighting/cameras, secure package rooms), a litter plan, and wet-weather/construction management—no occupancy until mitigation is installed and verified.

Finding: The City cannot make a “safe and adequate access” finding for 44960 Lopes Rd. Please terminate PRP2023-00008 and decline further submittals at this site.

If the City declines cancellation, minimum conditions should include objective, results-based mitigations:

1. Privacy & daylight: Increase front setbacks and/or provide upper-story stepbacks so that new massing protects daylight and avoids direct overlook of existing homes, or demonstrate equivalent outcomes with sections/shadow/overlook analyses.

2. Terraces & roofs: No direct-facing balconies/roof decks toward existing homes; any terrace must be side-oriented or screened with opaque treatments that achieve equivalent privacy.

3. Green screening: Provide evergreen planting sized to meet second/third-story sightlines.

4. Verification: No occupancy until mitigation—install and verify all privacy/screening measures before any Certificate of Occupancy, with photo-simulations from resident viewpoints.

III. Rail Proximity — Noise, Vibration & Safety
Given 44960 Lopes Rd is within a short walk of Warm Springs/South Fremont BART and residents already perceive pass-by vibration, require—before any discretionary approval or occupancy—the following FTA-consistent steps:

1. Independent noise & vibration study using on-site baseline measurements and projected buildout traffic + BART operations, evaluated against applicable residential and school thresholds.
4 2. Mitigation design if exceedances are predicted: Track/structure measures, building isolation at foundations, and appropriately rated façades/windows with mechanical ventilation, followed by post-construction verification testing.

3. CPTED & operations plan for station-adjacent blocks (lighting, cameras, secure package rooms, coordinated enforcement to address high-turnover curb behaviors).

4. No-occupancy-until-mitigation and 12-month post-occupancy monitoring with publicly reported noise/vibration and complaint-response metrics.

IV. Immediate 30-Day Measures (Operations &
Engineering)
 Staffed controls at Accelerator/Wisdom, Wisdom/Insight, and along the school frontage (~7:30– 8:30 AM; 2:15–3:00 PM; plus wet-weather surge). Enforce no double-parking, no contraflow, and no blocking of driveways/intersections.
 Crosswalk sightlines (right-side school exit): Implement and enforce daylighting; deploy portable warnings; staff a crossing guard; notify parents not to stop in crosswalks.  Protect Lopes residential curbs: All temporary stopping must be off-street (on campus or on private property).
 Access management for any new frontage development: No new curb cuts/driveways on Lopes Rd; route project access/loading to off-street areas or other frontages with adequate storage—not to Lopes.

V. Corridor Accounting & Temporary Pause
 Publish official counts for this micro-area (built / under construction / approved pipeline).  If large-scale growth is targeted, first demonstrate with published analyses:
• adequate off-street parking and shared short-term facilities sized to observed demand; • school capacity & staffing sufficient for the micro-area; • traffic storage/LOS and corridor-wide noise mitigations along S. Grimmer and approaches via Insight St and Wisdom Rd, with committed funding and schedule.  Moratorium (narrow exception): Pause discretionary residential approvals in the micro-area until the above are funded, permitted, and under contract; exceptions only for projects that directly reduce corridor demand (e.g., shared structured parking, on-campus/off-street pick- up/drop-off, community/civic space, public open space).

VI. Transparency & Timelines
Within 60 days, publish a corrective plan with funding and phasing for: shared parking; on-campus drop-off improvements; rainy-season operations; a public-safety/CPTED program; and noise/vibration measurements. Provide a single point of contact and a timeline for the items above within 15 business days.

VII. Exhibits (submitted separately)
5  Exhibit C — Crash on Lopes Rd related to improper stopping/driving (9/10/2025).  Exhibit E — Lopes Rd toward Warm Springs/South Fremont BART — both curbs occupied (view to bridge).
 Exhibit F — Lopes frontage of single-car garages (limited on-site capacity).  Exhibit G — Old Warm Springs/S. Grimmer intersection — front massing higher than rear (privacy/daylight).
 Exhibit H — Lopes approach at ~2:30 PM — both curbs occupied.  Exhibit I — S. Grimmer/Wisdom left-turn at ~2:30 PM — queue interacting with side parking.  Exhibit J — View from residence across the corridor (privacy/overlook).

Closing: Please confirm cancellation of PRP2023-00008 (44960 Lopes Rd) and provide the single point of contact and timelines requested above. Field observations, counts, and joint enforcement can be arranged by your teams; resident presence is not required.

Thank you for your prompt attention to student safety, neighborhood access, and livability.

Respectfully,
Residents of the S. Grimmer / Insight / Wisdom / Lopes corridor 1 Kevin Lee
From: James Willis
Sent: Sunday, September 14, 2025 11:35 PM
To: Kevin Lee
Subject: Fw: Cancel PRP2023-00008 (44960 Lopes Rd) and Implement Immediate School-Zone & Parking Controls
Attachments: Exhibit F.jpg; Exhibit E.jpg; Exhibit_A.jpg; Exhibit G.jpg; Exhibit_C_rev.jpg; Exhibit I.jpg; Exhibit H.jpg; Exhibit_B.jpg; Image_20250912100454_1406_2.jpg; Image_ 20250914222223_1439_2.jpg
Follow Up Flag:

Follow up
Flag Status: Flagged

James Willis

SENIOR PLANNER

City of Fremont | Community Development
39550 Liberty St., Fremont, CA 94538
(510) 494-4449 |
[email protected]

From: school-zone-safety <[email protected]>
Sent: Sunday, September 14, 2025 11:27:43 PM
To: James Willis <[email protected]>; Teresa Keng <[email protected]>; TransportationEngineering <[email protected]>; Development Services <[email protected]>; TrafficUnit <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Cc: Joel Pullen <[email protected]>; Clifford Nguyen <[email protected]>; Engineering <[email protected]>; CClerk <[email protected]>; [email protected] <[email protected]>; Planning Commission <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Subject: Cancel PRP2023-00008 (44960 Lopes Rd) and Implement Immediate School-Zone & Parking Controls

Dear Mr. Willis and City of Fremont staff:

Below are concise observations and auditable requests.

I. Key Observations
2 A. School-hour operations
 Peak periods: ~7:30–8:30 AM and 2:30–3:30 PM. Recurring behaviors include double-parking, wrong-way curb stops, and mid-block U-turns, often impeding residential driveways and intersections.
 September 10, 2025 incidents: Near Accelerator Dr & Lopes Rd during a peak period, a crash related to improper stopping/driving occurred (no injuries). A separate vehicle–student collision was publicly reported the same day; the child was reportedly transported to the emergency department.
 Sight distance: The right-side school-
exit crosswalk has limited approach sightlines; drivers often fail to yield in time.
 Curb saturation: Neighborhood curbs are already full; converting residential frontage to short- term school use is not feasible.

II. Why 44960 Lopes Rd Is Infeasible (Findings)

2. School proximity (Accelerator Ave): Curbs are full, sightlines are tight, and staffing is thin during peaks; any added project traffic would magnify student risk.

3. On-site capacity limits: Many townhomes along Lopes have single-car garages; second cars and visitors already spill to the public curb (see Exhibit F).

4. State daylighting rules: Required daylighting at crosswalks/driveways will further reduce the curb supply the corridor currently relies on.

5. Cumulative corridor growth: A newly completed, not-yet-occupied building on S. Grimmer across from the school, Aya Apartments (45147 Lopes Rd), and potential corner infill at S.

Grimmer & Old Warm Springs will add all-day person trips, turning movements, deliveries/ride- hail activity, and curb demand—compounding congestion, noise, and safety risks.

Finding: The City cannot make a “safe and adequate access” finding for 44960 Lopes Rd. Please terminate PRP2023-00008 and decline further submittals at this site.

If the City declines cancellation, minimum conditions should include objective, results-based mitigations:
3 1. Privacy & daylight: Increase front setbacks and/or provide upper-story stepbacks so that new massing protects daylight and avoids direct overlook of existing homes, or demonstrate equivalent outcomes with sections/shadow/overlook analyses.

2. Terraces & roofs: No direct-facing balconies/roof decks toward existing homes; any terrace must be side-oriented or screened with opaque treatments that achieve equivalent privacy.

3. Green screening: Provide evergreen planting sized to meet second/third-story sightlines.

4. Verification: No occupancy until mitigation—install and verify all privacy/screening measures before any Certificate of Occupancy, with photo-simulations from resident viewpoints.

1. Independent noise & vibration study using on-site baseline measurements and projected buildout traffic + BART operations, evaluated against applicable residential and school thresholds.

2. Mitigation design if exceedances are predicted: Track/structure measures, building isolation at foundations, and appropriately rated façades/windows with mechanical ventilation, followed by post-construction verification testing.

3. CPTED & operations plan for station-adjacent blocks (lighting, cameras, secure package rooms, coordinated enforcement to address high-turnover curb behaviors).

4. No-occupancy-until-mitigation and 12-month post-occupancy monitoring with publicly reported noise/vibration and complaint-response metrics.

V. Corridor Accounting & Temporary Pause
 Publish official counts for this micro-area (built / under construction / approved pipeline). 4  If large-scale growth is targeted, first demonstrate with published analyses:
• adequate off-street parking and shared short-term facilities sized to observed demand; • school capacity & staffing sufficient for the micro-area; • traffic storage/LOS and corridor-wide noise mitigations along S. Grimmer and approaches via Insight St and Wisdom Rd, with committed funding and schedule.  Moratorium (narrow exception): Pause discretionary residential approvals in the micro-area until the above are funded, permitted, and under contract; exceptions only for projects that directly reduce corridor demand (e.g., shared structured parking, on-campus/off-street pick- up/drop-off, community/civic space, public open space).

VI. Transparency & Timelines
Within 60 days, publish a corrective plan with funding and phasing for: shared parking; on-campus drop- off improvements; rainy-season operations; a public-safety/CPTED program; and noise/vibration measurements. Provide a single point of contact and a timeline for the items above within 15 business days.

VII. Exhibits (submitted separately)
 Exhibit C — Crash on Lopes Rd related to improper stopping/driving (9/10/2025).  Exhibit E — Lopes Rd toward Warm Springs/South Fremont BART — both curbs occupied (view to bridge).
 Exhibit F — Lopes frontage of single-car garages (limited on-site capacity).  Exhibit G — Old Warm Springs/S. Grimmer intersection — front massing higher than rear (privacy/daylight).
 Exhibit H — Lopes approach at ~2:30 PM — both curbs occupied.  Exhibit I — S. Grimmer/Wisdom left-turn at ~2:30 PM — queue interacting with side parking.  Exhibit J — View from residence across the corridor (privacy/overlook).

Closing: Please confirm cancellation of PRP2023-
00008 (44960 Lopes Rd) and provide the single point of
contact and timelines requested above. Field observations, counts, and joint enforcement can be arranged by your teams; resident presence is not required.

Thank you for your prompt attention to student safety, neighborhood access, and livability.

Respectfully,
Residents of the S. Grimmer / Insight / Wisdom / Lopes corridor

1 Kevin Lee
From: school-zone-safety <[email protected]>
Sent: Monday, September 15, 2025 9:12 PM
To: Kevin Lee; planinfo
Cc: Planning Commission
Subject: Public Comment — Oppose/Continue Warm Springs – Lopes Road Appeal (PLN2026-00023) & related PLN2025-00253
Dear Planning Commission and Planner Kevin Lee ,
I am a resident at within the 300-foot notice area. Regarding the September 25, 2025 Planning Commission item “WARM SPRINGS – LOPES ROAD APPEAL – PLN2026-00023,” I respectfully oppose any action that would advance residential entitlements at this site. Please deny or continue (postpone) the appeal and pause the underlying application (PLN2025-00253) until core community issues are fully analyzed in public with auditable data and enforceable mitigations.

Key concerns (this site is unsuitable for housing at this time):
 School capacity & safety. Lila Bringhurst is already over 1,100 students this year, and arrival/dismissal operations are strained. Updated counts, a school-zone traffic/operations plan, and sight-distance/safety fixes are needed before any entitlement moves forward.  Traffic & parking. Accelerator Ave and Lopes Rd are short and quickly saturate; curb space is routinely full. Please require a plan for off-street short-term parking, an evening-priority Residential Permit Parking (RPP) program with daytime limits, and an emergency- access/queuing analysis memorialized as enforceable conditions of approval.  Nearby supply not fully absorbed. Multiple nearby multifamily projects—Aya Apartments (45147 Lopes Rd, actively leasing), Embark Apartments (44762 Old Warm Springs Blvd, leasing with move-in specials), and the Maracor Warm Springs Apartments (45021 Warm Springs Blvd, 239–241 affordable units approved/in pipeline)—are still leasing or not yet fully absorbed. Decisions should be tied to demonstrated absorption and monitored congestion/noise outcomes.
 Privacy & visual character. Natural views would be replaced by building massing and window-to- window exposure, reducing privacy and diminishing neighborhood character.  Construction-phase impacts & air quality. Dust (PM), diesel exhaust, debris, and haul/staging— especially harmful next to an elementary school—must be fully mitigated with monitoring and enforceable conditions.
 Process/CEQA. This appeal is a procedural step and, per the notice, is not treated as a CEQA “Project.” Before any action that effectively advances the project, the City should require comprehensive environmental and operational review.

Unless and until the applicant demonstrates—through auditable data and binding mitigations— that operations will be safe, functional, and compatible with a short, school-adjacent street, the City should not advance this entitlement.

If remote participation (Zoom/phone) is available on Sept 25, please share the instructions. If I cannot attend, please include this email in the public record and forward it to the Commissioners.

2 Thank you for your consideration.

Sincerely,
Resident,

1 Kevin Lee
From:

Sent: Tuesday, September 16, 2025 2:52 PM
To: Kevin Lee
Cc: planinfo; Planning Commission
Subject: Public comment planning commission 9/25 - 4490 lopes rd appeal (PLN2026-00023) Hi,

I am existing owner of a townhome right beside this area, and this future development will have EXTREMELY bad impacts and consequences for our community and existing residents. There are already so many parking challenges and existing resources like schools are already over burdened. Adding 250 more homes will not only make this area a house dumping ground, but it will over burden and put additional pressure on parking, school, traffic, Lila park and more.

This proposed development is very alarming considering that it will completely defeat the original purpose of Transit Oriented Development of mix of residential and commercial in Innovation district.

Replacing the high density temporary floating population commercial (hotel/convention center) with another town home/ rental apartments with 250+ families permanently residing there will permanently damage the commercial value of innovation including the retail plans for the centre area opposite bart entrance
. Instead of a modern/vibrant square originally envisioned, innovation will end up as just another housing only site.

We are all for modernization so it would be much better not only for the community but for fremont as a city to get some sort of modern convention center or a retail space, similar to Bishop Ranch in Dublin.

This will create vibrance in the community and up level Warm

There is plenty of housing in this area. Adding even more housing is very wrong. It completely defeats the commercial aspect and property values for Innovation community.

Please reconsider this development for homes, it will end up being a very unfortunate and bad move for the community.

Thank you.

1 Kevin Lee
From:

Sent: Tuesday, September 16, 2025 11:53 PM
To: Kevin Lee
Subject: Re: 44960 Lopes Rd appeal
Hi,

I'm a resident at
Writing about the appeal to lower the occupancy rate.

This is alarming considering that it will completely defeat the original purpose of Transit Oriented Development of mix of residential and commercial in Innovation district. Instead of a modern/vibrant square originally envisioned, innovation will end up as just another housing only site. We need the commercial space to make this area more walkable and provide me opportunity to use the public transport.

Accommodating another 250+ families permanently there will put pressure on school, traffic, parking , Lila park etc.

There is already a large problem with street parking where residents and visitors do not have space to park. This area should not be rezoned.

Also why is the environmental study being skipped?

1 Kevin Lee
From: Mail from
Sent: Tuesday, September 16, 2025 4:18 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal, PLN2026-00023
Dear Planning Commission and Project Planner Kevin Lee,

I live within the notice area near 44960 Lopes Rd. I respectfully ask the Commission to delay or deny the appeal and pause the underlying application until core community issues are addressed with enforceable measures.

Lopes Rd is a short, narrow street with severe parking constraints —most nearby homes have single-car garages, curb space is already saturated, visitors often have nowhere to park, and nighttime parking is difficult. The site also sits by a secondary access to Lila Bringhurst Elementary ; during arrival and dismissal, queues spill over, slowing commuters and elevating pedestrian safety and cleanliness concerns (e.g., litter). In addition, this parcel is our last open view of the hills and the only green buffer; new buildings would reduce sunlight and privacy for adjacent homes.

Requested actions: please require

1. A workable Residential Permit Parking (RPP) program (evening priority for residents, daytime limits with resident exemptions and visitor permits);

2. Updated traffic/parking counts and a school-zone operations plan; and

3. Privacy protections (height/setbacks/view corridor). Only after these protections are implemented and proven effective should any housing at this site be reconsidered.

Thank you for your consideration.

--
Regards,
--
(Home on Accelerator Ave)

1 Kevin Lee
From:

Sent: Tuesday, September 16, 2025 10:15 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026-00023)

Dear Planning Commission and Project Planner Kevin Lee,

Thank you for your consideration.

1 Kevin Lee
From:

Sent: Tuesday, September 16, 2025 6:27 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment - Planning Commission 09/25/02025 - 44960 Lopes Road Appeal (PLN2026-0023)
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026- 00023)
To: [email protected] (Project Planner)
Cc: [email protected]

Dear Planning Commission and Project Planner Kevin Lee,

I recently received the planning commission notice of public hearing for 44960 Lopes Rd, Fremont, CA 94538.

I live within the notice area near 44960 Lopes Rd. We face various core issues at this location, having this new residential area will only worsen the situation.

I would respectfully ask the Commission to delay or deny the appeal and pause the underlying application until the following core community issues are addressed with enforceable measures.

1. Parking for resident
Many of the townhomes in the area don't have sufficient parking space. Therefore residents park their cars on the road. Plus Tesla employees park their cars in the area. The roadside parking is not easy to find.

2. Population density
Population density is already very high in the area and this is very noticeable.

3. Insufficient resources for outdoor children's play
Due to high population density, the only park (shared with the Lila Bringhurst Elementary School) is over crowded, and many a times small children gets bumped by the elder children playing in the same area

4. School capacity
Due to high population, the school always spill over queues and many children in the area already needs to travel to other schools.

Thank you for your consideration.

Regards,

2 1
Kevin Lee
From:

Sent: Tuesday, September 16, 2025 10:15 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026-00023)
Dear Planning Commission and Project Planner Kevin Lee,

Thank you for your consideration.

1 Kevin Lee
From:

Sent: Wednesday, September 17, 2025 11:00 AM
To: Kevin Lee; Planning Commission
Cc: Teresa Keng; Desrie Campbell; Kathy Kimberlin; Yang Shao; Yajing Zhang; Raymond Liu; [email protected]; Arif S. Halim
Subject: Public Comment – Sept 25 Planning Commission – 44960 Lopes Rd Appeal (PLN2026-00023)
Attachments:

Exhibit_E.jpg; Exhibit_C_rev.jpg; Exhibit F.jpg; Exhibit_H.jpg; Exhibit_I.jpg Dear Planning Commission, Project Planner Kevin Lee, and to whom this may concern, I live within the notice area near 44960 Lopes Rd, and I strongly urge the Commission to delay or deny the appeal and place the underlying application on hold until the City addresses the core community impacts with clear, enforceable solutions. Proceeding without these protections would put residents, children, and commuters at risk while eroding the character of this neighborhood.

Parking and Street Constraints
Lopes Rd is a narrow, short street already under intense parking strain. Most nearby homes have only single- car garages, curbside capacity is saturated, and visitors often have nowhere to park—day or night. This has become a daily, ongoing problem that creates serious safety hazards for drivers, pedestrians, and children. Double-parking, illegal stopping, and poor visibility are routine. Adding housing without first fixing this will make an already unsafe situation worse. The City must provide a real, enforceable solution to this parking shortage—including residential permit parking, improved street signage, and safety enforcement— before considering further development.

School Zone Safety and Traffic
The parcel lies directly next to a secondary access point for Lila Bringhurst Elementary. During school drop-off and pick-up, traffic queues spill over onto Lopes Rd and nearby streets, creating congestion, slowing commuters, and placing children in harm’s way. Pedestrian safety, air quality, and neighborhood cleanliness (from litter) are all negatively impacted. Without an updated, enforceable traffic and school-zone operations plan, approving this project would exacerbate these hazards.

Neighborhood Character and Privacy
This parcel represents the last open view of the East Bay hills and serves as the only remaining green buffer for this area. New construction would permanently block sunlight, reduce privacy for adjacent homes, and destroy the open hillside view that defines our neighborhood’s identity. Once this view is gone, it is gone forever.

Requested Actions
To safeguard public safety, preserve neighborhood character, and maintain livability, I respectfully request that the Commission require the following before any development is approved:

1. A workable Residential Permit Parking (RPP) program—with evening priority for residents, daytime time limits, exemptions for resident vehicles, and visitor permits.

2. Updated traffic and parking studies, plus a comprehensive and enforceable school-zone operations plan reflecting current conditions.

2 3. Privacy protections are ensured through enforceable building height limits, setbacks, and the preservation of a view corridor.

4. A clear, enforceable City-led plan to resolve the existing daily parking shortage and related safety problems on Lopes Rd.

These protections are not optional—they are essential. Only after they are in place and proven effective should any housing proposal at this site be reconsidered.

Thank you for your attention to these urgent concerns and for ensuring that the voices and safety of the community are not overlooked.

Sincerely,
[Your Name]
[Street Address only]
Attachments (with captions):
 Exhibit E: Curb saturation on Lopes Rd near Accelerator, weekday ~7:45–8:05 AM; visitors have no available short-term parking.
 Exhibit C: Crash on Lopes Rd related to improper stopping/driving (9/10/2025).  Exhibit F: Single-car garages.
 Exhibit H: Protect our last open view of the East Bay hills.  Exhibit I: Forcing residents to park illegally.

This information and communication, including attachments, is for the exclusive use of the person or entity to which it is addressed and may contain confidential, proprietary, and/or privileged information. Any review, re-transmission, dissemination, other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this communication in error, please immediately notify the sender by reply email or telephone. Thank you!

ቈ቉ቊቋቌቍ቎቏ቐቑ ၕ

1 Kevin Lee
From:

Sent: Wednesday, September 17, 2025 12:00 PM
To: Kevin Lee; Teresa Keng; Raymond Liu; [email protected]; Planning Commission; Kathy Kimberlin; Desrie Campbell; Yang Shao; Yajing Zhang Cc: Arif S. Halim
Subject: Public Comment to Urgent Request Delay/Deny the appeal – Sept 25 Planning Commission – 44960 Lopes Rd Appeal (PLN2026-00023)
Dear Planning Commission, Project Planner Kvin Lee, Whom It May Concern,

I am a resident within the notice area near 44960 Lopes Rd, and I am writing to strongly urge the Commission to delay or deny the appeal and place the underlying application on hold until core community concerns are addressed with clear, enforceable solutions. Moving forward without these protections would endanger residents, children, and commuters, while permanently eroding the character of our neighborhood.

Parking and Street Constraints
Lopes Rd is a narrow, short street already under severe parking strain. Most nearby homes have only single-car garages, curb space is saturated, and visitors often struggle to find any legal parking - day or night. This daily issue creates serious
safety hazards for drivers, pedestrians, and especially children.

Double-parking, illegal stopping, and poor visibility are routine.

Adding more housing without addressing these problems will only worsen them.

Before Considering any new development, the City must Implement a real, enforceable solution to the parking crisis, including:
 A Residential Permit Parking (RPP) Program
 Improved street signage and enforcement
 Designated visitor parking provisions.

School Zone Safety and Traffic
The parcel sits directly adjacent to a secondary entrance for Lila Bringhurst Elementary. During school drop-off and pick-up, traffic backs up onto Lopes Rd and nearby streets, creating congestion, slowing commuters, and placing children at risk.

The area already suffers from reduced air quality, increased litter, and pedestrian danger. Without a detailed, enforceable school-zone traffic and safety plan, approving further development would significantly increase these hazards.

Neighborhood Character and Privacy
This parcel represents the last remaining open view of the East Bay hills, providing a crucial green buffer that defines the visual identity of our neighborhood. New contraction would:
 Permanently block sunlight

2  Reduce privacy for adjacent homes
 Erase the open hillside view that gives our community its sense of place Once this view is lost, it cannot be recovered.

Requested Actions
To protect public safety, preserve our neighborhood's character, and maintain livability, I respectfully request the Commission require the following before any development is approved:

1. Residential Permit Parking (RPP) Program
 Evening priority for residents
 Daytime limits
 Exemptions for resident vehicles

2. Updated Traffic and Parking Studies
 Reflecting current conditions
 Including a comprehensive and enforceable school-zone operations plan

3. Privacy and View Portections
 Enforceable building height limits and setbacks
 Preservation of a view corridor to the East Bay hills

4. City-Led Safety Plan
 A clear, enforceable action plan to address current parking shortages and daily safety concerns on Lopes Rd.

These protections are not optional- they are essential. Only after they are in place, and their effectiveness is demonstrated, should any housing proposal at this site be reconsidered.

Thank you for your attention to these urgent concerns and ensuring that the safety and voice of our community are not overlooked.

Sincerely,

1 Kevin Lee
From:

Sent: Thursday, September 18, 2025 12:57 PM
To: Kevin Lee; Planning Commission
Cc: Joel Pullen; CClerk; Teresa Keng; Desrie Campbell; Kathy Kimberlin; Yang Shao; Yajing Zhang; Raymond Liu; [email protected]; Raj Salwan Subject: Public Comment – 9/25/2025 PC – 44960 Lopes Rd (PRP2023-00008) – Continue/Deny Attachments: 44960_Lopes_annotated_EN_v2 (2).png
Dear Planning Commissioners, Mayor, Councilmembers, and City Staff, Please enter this letter (and attachment) into the public record and the agenda packet for the September 25, 2025 Planning Commission agenda item for 44960 Lopes Rd (PRP2023-00008).

I am unable to attend the hearing; please accept this as my written testimony and confirm inclusion in the packet.

Resident and student safety is our first priority.

I live within the mailed-notice area next to Lila Bringhurst Elementary (Wisdom Rd / Accelerator Ave).

For the Sept 25, 2025 hearing on 44960 Lopes Rd (PRP2023-00008), please do not advance any residential entitlements until the applicant and staff publish objective, auditable materials meeting the standards below. If such findings cannot be made, please DENY. If more work is needed, please CONTINUE to a date certain with the directions listed here.

A) Required objective submittals & conditions (before any action)

1. >5-acre Master Plan (mandatory for this site). Show phasing; connected bike/ped/streets; acceptable interim uses; and that later phases meet minimum intensities. Publish for public review before any entitlement action.

2. School-Zone Safety & Operations Plan (objective metrics). Fresh AM/PM counts at Wisdom/Accelerator and Lopes/S. Grimmer; modeled queue storage/clearance times; sight- distance compliance at crossings; funded adult crossing-guard coverage; and a wet-weather incident plan sized to true peaks.

3. Emergency-access compliance (CFC). Demonstrate fire-apparatus clear widths/turning radii/vertical clearance and no-parking controls that remain reliable during school peaks; emergency routes must not depend on curbside stopping along school frontages.

4. Construction-phase traffic & parking controls (protect residents and the school). • Keep Lopes Rd open to local residents at all times; no general closure during school peaks. • Route all construction trucks via S. Grimmer Blvd only—no use of Accelerator Ave or school frontages.
• 100% off-street worker parking (on-site or leased lots); no on-street worker parking within 1,000 ft of the school.
• Peak-hour blackout windows for haul/staging (7:15–8:45 AM and 2:15–3:45 PM school days) and flaggers at S. Grimmer/Lopes if needed.
• Continuous dust/PM monitoring; when thresholds are exceeded, provide window-seal and MERV-13/16 filter support for affected homes.

2 5. Cumulative-load analysis. Stack impacts with AYA (45147 Lopes Rd) now leasing and 45021 Warm Springs Blvd (~239 units) in the pipeline; conditions are not yet stabilized. Size on-site lay- bys and short-term parking accordingly.

6. Residential Parking Permit (RPP) & curb-management program (safety-first). • Adopt an evening-priority RPP zone around Lopes / Accelerator / Wisdom, with daytime time-limits, resident exemptions, and visitor permits.
• Provide clear signage, enforcement resources, and quarterly reporting. • Pair RPP with on-site school-peak lay-bys (no curb pick-up/drop-off on Lopes). • Include objective triggers (e.g., curb occupancy >85% or school-peak queues exceeding one block for 2 consecutive quarters) to tighten RPP/time-limits or expand the zone if needed.

B) Lower-impact first-phase alternatives next to a school  Shared public parking & mobility hub (school-peak lay-bys, secure bike rooms/lockers, TDM features).
 Linear green buffer + noise attenuation along the school edge to reduce noise/PM and improve safe walking routes.
 Small public-safety satellite/community room (limited hours)—deters theft without adding curb pick-up/drop-off.
 Stormwater/green-infrastructure basin that doubles as shaded open space and heat/PM relief.  If a built tenant must precede housing, limit to light-innovation/office-service with strict peak- hour trip caps and no curb pick-up/drop-off operations.

C) Legal framing (for the record)
 SB 330 (Housing Crisis Act) prevents down-zoning and locks the process; it does not erase the >5- acre Master Plan requirement.
 State Density Bonus Law (Gov. Code §65915) allows added units and targeted waivers only with qualifying affordability and project-specific findings that a standard would physically preclude the bonus—not to reduce local minimum intensity.
 TOD overlay is a local minimum-intensity tool near BART. If the appellant claims SB 330/DBL can lower TOD minimums, require written, code-specific findings; until then, do not act on that premise.

Bottom line: With resident and student safety first, require the >5-acre Master Plan, a Residential Parking Permit (RPP)–based curb-management program, and objective school-zone/emergency-access findings before any action on 44960. If those findings cannot be made, DENY; otherwise, CONTINUE to a date certain and direct the applicant to deliver the required materials for public review. Given the appellant’s assertions, please treat the above Data & Conditions Checklist as the minimum objective package to be published at least 10 days before any continued hearing; the absence of any item should result in no action and a date-certain continuance.

Thank you for your consideration and for prioritizing resident and student safety.

Sincerely,

3 Attachment: Annotated map highlighting left-turn queue blocking, short Lopes segment, and pedestrian sightline blind spot near Wisdom/Accelerator

1 Kevin Lee
From:

Sent: Thursday, September 18, 2025 12:17 PM
To: Kevin Lee
Cc: Planning Commission; Raymond Liu; Yajing Zhang; Yang Shao; Kathy Kimberlin; Desrie Campbell; Teresa Keng
Subject: Public Comment - Planning Commission 09/25/02025 - 44960 Lopes Road Appeal (PLN2026-0023)
Dear Planning Commission and Project Planner Kevin Lee,

I recently received the planning commission notice of public hearing for 44960 Lopes Rd, Fremont, CA 94538.

I live within the notice area near 44960 Lopes Rd. We face various core issues at this location, having this new residential area will only worsen the situation.

I would respectfully ask the Commission to delay or deny the appeal and pause the underlying application until the following core community issues are addressed with enforceable measures.

2. Population density
Population density is already very high in the area and this is very noticeable.

4. School capacity
Due to high population, the school always spill over queues and many children in the area already needs to travel to other schools.

Thank you for your consideration.

Regards,

1 Kevin Lee
From:

Sent: Monday, September 22, 2025 6:36 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Sept 25 Planning Commission – 44960 Lopes Rd Appeal (PLN2026-00023)
Attachments: Exhibit_E.jpg; Exhibit_C_rev.jpg; Exhibit F.jpg Dear Planning Commission and Project Planner Kevin Lee, I live within the notice area near I respectfully ask the Commission to delay or deny the appeal and pause the underlying application until core community issues are addressed with enforceable measures.

Lopes Rd is a short, narrow street with severe parking constraints—most nearby homes have single- car garages, curb space is already saturated, visitors often have nowhere to park, and nighttime parking is difficult. The site also sits by a secondary access to Tesla factory and Lila Bringhurst Elementary; during arrival and dismissal, queues spill over, slowing commuters and elevating pedestrian safety and cleanliness concerns (e.g., litter). In addition, this parcel has a lot of commuter traffic from the Tesla factory which further inhibits the commuting space. Considering the future construction in this area will significantly impact our standard of living from the construction noise and dust and debris and will be a serious health hazard to the residents living nearby.

Requested actions: please require (1) a workable Residential Permit Parking (RPP) program (evening priority for residents, daytime limits with resident exemptions and visitor permits); (2) updated traffic/parking counts and a school-zone operations plan; (3) privacy protections (height/setbacks/view corridor); and (4) separate construction access road so the traffic from heavy vehicles is not on residential streets
. Only after these protections are implemented and proven effective should any housing at this site be reconsidered.

Thank you for your consideration.

Attachments (with captions):
 Exhibit E: Curb saturation on Lopes Rd near Accelerator, weekday ~7:45–8:05 AM; visitors have no available short-term parking and walking distance to elementary school's designated drop- off and pick up zone
 Exhibit C: Crash on Lopes Rd related to improper stopping/driving (9/10/2025).  Exhibit F: single car garages

1 Kevin Lee
From:

Sent: Wednesday, September 24, 2025 10:07 AM
To: Kevin Lee; Planning Commission
Cc: Joel Pullen; CClerk; Teresa Keng; Desrie Campbell; Kathy Kimberlin; Yang Shao; Yajing Zhang; Raymond Liu; [email protected]; Raj Salwan Subject: Public Comment – 9/25/2025 PC – 44960 Lopes Rd (PRP2023-00008) Dear Planning Commissioners, Mayor, Councilmembers, and City Staff,

Please include this letter and its attachment in the public record and agenda packet for the September 25, 2025 Planning Commission hearing regarding 44960 Lopes Rd (PRP2023-00008).

Resident and student safety must remain our top priority.

I reside within the mailed-notice area adjacent to Lila Bringhurst Elementary (Wisdom Rd / Accelerator Ave). For the September 25, 2025 hearing on 44960 Lopes Rd (PRP2023-00008), I urge you not to approve any residential entitlements until the applicant and staff provide objective, verifiable documentation meeting the standards outlined below. If these requirements cannot be satisfied, please DENY the application. If additional work is necessary, please CONTINUE to a specific date with the following directives.

A) Mandatory objective submissions & conditions (required before any action)

Master Plan for properties exceeding 5 acres (required for this site). Must include phasing details, connected bicycle/pedestrian/street networks, acceptable interim uses, and demonstration that future phases meet minimum density requirements. This plan must be published for public review prior to any entitlement decision.

School-Zone Safety & Operations Plan with measurable metrics. Include current AM/PM traffic counts at Wisdom/Accelerator and Lopes/S. Grimmer intersections, modeled queue storage and clearance times, sight-distance verification at crossings, funded adult crossing guard coverage, and an inclement weather response plan designed for actual peak conditions.

Emergency Access Compliance per California Fire Code. Verify fire apparatus clearance widths, turning radii, vertical clearance, and no-parking enforcement that remains effective during school peak hours. Emergency routes cannot rely on curbside stopping along school frontages.

Construction-Phase Traffic & Parking Management (protecting residents and school operations).
• Maintain Lopes Rd access for local residents at all times; prohibit general closures during school peak hours.
• Direct all construction vehicles via S. Grimmer Blvd exclusively—prohibit use of Accelerator Ave or school frontage streets.
• Require 100% off-street worker parking (on-site or leased facilities); prohibit worker parking on streets within 1,000 feet of the school.
• Establish peak-hour construction blackout periods (7:15–8:45 AM and 2:15–3:45 PM on school days) and deploy flaggers at S. Grimmer/Lopes intersection when necessary. • Implement continuous dust and particulate matter monitoring; when thresholds are exceeded, provide window sealing and MERV-13/16 filter assistance for affected residences.

Cumulative Impact Analysis. Evaluate combined effects with AYA (45147 Lopes Rd) currently leasing and 45021 Warm Springs Blvd (~239 units) in development pipeline, as conditions remain unstable. Size on-site staging areas and short-term parking accordingly.

2 Residential Parking Permit (RPP) & Curb Management Program (safety-focused). • Establish evening-priority RPP zone encompassing Lopes/Accelerator/Wisdom area with daytime time restrictions, resident exemptions, and visitor permits. • Install clear signage, provide enforcement resources, and submit quarterly compliance reports.
• Combine RPP with on-site school-peak staging areas (eliminate curbside pickup/drop-off on Lopes).
• Include measurable triggers (such as curb occupancy exceeding 85% or school-peak queues extending beyond one block for two consecutive quarters) to strengthen RPP/time restrictions or expand the zone as needed.

B) Reduced-impact first-phase alternatives adjacent to school

Shared public parking & mobility hub (school-peak staging areas, secure bicycle storage/lockers, transportation demand management features).

Linear green buffer with noise reduction along school boundary to minimize noise/particulate impacts and enhance safe pedestrian routes.

Small public safety satellite/community facility (limited operating hours)—provides security deterrent without generating curbside pickup/drop-off activity.

Stormwater/green infrastructure basin serving dual purpose as shaded open space and heat/particulate relief.

If built development must precede housing, restrict to light innovation/office services with strict peak-hour trip limitations and no curbside pickup/drop-off operations.

Thanks

1 Kevin Lee
From:

Sent: Wednesday, September 24, 2025 8:15 PM
To: Kevin Lee
Cc: Planning Commission
Subject: Public Comment – Planning Commission 09/25/2025 – 44960 Lopes Rd Appeal (PLN2026-00023)
Dear Planning Commission and Project Planner Kevin Lee,

Requested actions:

Please require
(1) a workable Residential Permit Parking (RPP) program (evening priority for residents, daytime limits with resident exemptions and visitor permits);
(2) updated traffic/parking counts and a school-zone operations plan; and (3) privacy protections (height/setbacks/view corridor). Only after these protections are implemented and proven effective should any housing at this site be reconsidered.

Thank you for your consideration.

1 Kevin Lee
From: James Willis
Sent: Thursday, September 25, 2025 8:28 AM
To: Kevin Lee
Subject: FW: Urgent Request: Cancel or Redesign PRP2023-00008 (44960 Lopes Rd) This was in my spam folder. Don't know if you saw it previously.

James Willis

SENIOR PLANNER

City of Fremont | Community Development
39550 Liberty St., Fremont, CA 94538
(510) 494-4449 | [email protected]

-----Original Message-----
From:

Subject: Urgent Request: Cancel or Redesign PRP2023-00008 (44960 Lopes Rd)

Dear City of Fremont Staff,

We are residents living near Lila Bringhurst Elementary and the Warm Springs/South Fremont BART Station. As immediate neighbors, we are deeply concerned about Planning Case PRP2023-00008 (44960 Lopes Rd) and urge the City to cancel this project or require a significant redesign to reduce density and address livability, safety, and TOD compliance.

I. Core Concerns

1. Safety & School Impact

* On school days, peak-hour congestion already creates unsafe conditions: double-parking, wrong-way stops, and U-turns block driveways and put students at risk.

* Recent incidents include a crash and a reported vehicle–student collision (September 10, 2025).

Adding another 250+ families will only magnify these risks.

2 2. Transit Oriented Development (TOD) Defeat

* The Innovation District was envisioned as a vibrant mix of commercial, retail, and residential near BART.

* Replacing the original high-density commercial (hotel/convention center) use with permanent housing undermines this vision, reducing retail viability and turning the site into another housing-only block.

* Shared public facilities (parking/EV charging) would effectively become private, further weakening TOD goals.

3. Overburdened Infrastructure

* Local schools, traffic corridors, curb parking, and Lila Bringhurst Park are already under pressure.

* Rezoning to accommodate another large permanent residential population without environmental review is inequitable and unsustainable.

II. Request for Action

* Primary Request: Cancel PRP2023-00008 and decline similar future submittals at 44960 Lopes Rd.

* If Not Canceled: Require objective, enforceable mitigations prior to any occupancy:

* Stepbacks and setbacks to protect privacy and daylight for existing residents.

* No new curb cuts/driveways on Lopes Rd; access must be routed elsewhere.

* Independent noise and vibration studies with mitigation before occupancy.

* CPTED measures (lighting, cameras, package security) and strict litter/construction management.

* Verified installation of mitigations before issuing any Certificate of Occupancy.

III. Alternative Recommendations

* Preserve the original TOD vision by attracting hotel/convention/retail uses, which would benefit the entire district and BART station area.

* If housing is unavoidable, scale it down to low-density residential and pair it with community-serving uses (public park, civic space, or school facilities).

IV. Transparency & Next Steps
3 We respectfully request:

1. Confirmation of cancellation of PRP2023-00008, or publication of revised, enforceable conditions.

2. A single point of contact for residents.

3. Publication of traffic, parking, school capacity, and environmental analyses for this corridor.

This issue deserves urgent, careful consideration. The City’s decision here will permanently shape the only planned Innovation District in Fremont—whether it becomes a vibrant mixed-use hub or another congested housing tract.

Thank you for your prompt attention to student safety, neighborhood access, and the preservation of Fremont’s long-term innovation vision.

Respectfully,
Residents of the S. Grimmer / Insight / Wisdom / Lopes Corridor 1 Kevin Lee
From:

Sent: Thursday, September 25, 2025 8:05 AM
To: Kevin Lee
Subject: Fwd: Public hearing 09/25 comment on WARM SPRINGS - LOPES ROAD APPEAL – 44960 Lopes Road - PRP2025-00035 and PLN2026-00023 and request to deny this appeal
Follow Up Flag:

Follow up
Flag Status: Completed
Additional objections to the proposed low density housing project at 44960 Lopes Rd

1. Any additional work by the petitioner/proposer should be allowed only after the determination is made by the Fremont planning commission to go ahead with the proposal. The proposer should not assume whatever frivolous arguments put forth by them with regards to the concessions they are demanding are their right under the state affordable housing law and jump the gun unilaterally proceeding with the project thus complicating matters if the city has to go to court to stop the work related to the project.

This includes any environmental studies clearances etc.

2. If city of Fremont naively gives in to these dubious project concessions like lowering DBS to allow townhouses instead of high density commercial as demanded by the proposer these law firms take it as a precedent and argue for even more silly concessions and rezoning under the guise of affordable housing in prime properties in TOD zones or otherwise in fremont and greater bay area. All TOD, local and city zoning laws will be challenged as demanded concessions are their right and must be granted. City of Fremont must oppose these kind of arguments/appeals which go against the intent of the laws tooth and nail, in the courts until the very end. If many such re-zoned residential communities are built in our TOD zone along S grimmer and S Fremont blvds under the guise of DBS or other frivolous concessions as right, such supply will drastically reduce my property value and rental potential. This is unacceptable for a master planned community.

3. Even if the proposed townhouses or any other construction must adhere to the highest safety and environmental health standards so that it does not cause health problems to the nearby residents like us in the neighborhood. Lot of children, elderly and immune compromised people living in the neighborhood. High density project is more likely to follow the higher standards than a low density housing project thus this proposed project is of more risky to us.

4. Safety of the Lopes road traffic. Many accidents are already happening at the Lopes S Grimmer intersection. S Grimmer and Old warm springs roads at the intersection are major roads where as lopes road leading to Bart station is narrow, short with speed limit 10 mph. You can expect low green signal priority for lopes road and back ups on the road frustrating drivers making them more likely to jump red signal with potentially fatal collisions. I remember the fatal collision in that intersection on October 14,2024 in which Kamala’s Patel in white Tesla crashed there and lost his life. This was even before lopes road opened for through traffic with 10 mph speed limit. Parking on the lopes road and temporary double parking by delivery take-out drivers will make it virtually impossible for

2 us current innovation residents to use the nearest lopes entrance (our usual entrance) safely after the proposed townhouse community. Those residents are likely to use our neighborhood roads and double park in our streets making life miserable for everyone.

5. I would like to know if the proposer somehow intentionally deliberately delayed any construction on this parcel until the master developers left with the hope of making it low density residential in stead of original high density development & planned to piggyback on the existing facilities of the community. If their efforts with local, state governments went beyond the normal level of lobbying into any illegal inducements to get such preferential treatment and hope for such concessions as a given/right.Fremont and California government departments must be ethical, transparent and accountable to the residents and enforce the laws/rules as originally laid down with the city economic interests above private developers interests.

Thank you.

---------- Forwarded message ---------
From:

Date: Wed, Sep 24, 2025 at 10:29 PM
Subject: Public hearing 09/25 comment on WARM SPRINGS - LOPES ROAD APPEAL – 44960 Lopes Road - PRP2025-00035 and PLN2026-00023 and request to deny this appeal To: <[email protected]>

Dear Mr Kevin Lee,

My name is I am the owner of building that is
adjacent to this 44960 Lopes Rd property within 300 ft. I read and understood the documentation made available on the fremont planning commission website - under meeting agenda for 09/25. Thank you for the information.

I am writing this comment as a strong objection to the proposed Low density townhouse development.

Please expressly DENY the appeal as already recommended by your staff.

My comments here include some of the reasons/objections you missed in your report:

1. Ingenuous claim about being located in a liquefaction zone.

"on an approximately 6.72-
acre site at the southeastern intersection of Lopes Road and S. Grimmer Blvd. in Fremont that is partially located in a liquefaction zone. Accordingly, the Proposed Project meets the requirements of the Density Bonus Law (Gov. Code § 65915)"

Please take a look at the CNRA map of the parcel:

https://maps-cnra-cadoc.opendata.arcgis.com/datasets/cadoc::cgs-seismic-hazards-program- liquefaction-zones/explore?location=37.502225%2C-121.939944%2C17.00

3 asking for reduced density by constructing town homes with less load and development standards and thus reducing the cost, thus justifying the DBS.

It is ingenious for two reasons:
a. From the following CNRA liquefaction-zones link you can clearly see the parcel at address 44960 Lopes road is barely (at the most 10% area near grimmer blvd intersection corner) in the liquefaction zone. Claiming it to be "partially" in the liquefaction zone conflates and contradicts the facts. They can easily build normal density 50 buildings in that parcel with a little extra design care in that 10% corner area as needed.

I am familiar with this map because I consulted it when I bought my condominium. As the homeowner, I was disappointed that our building on this side of Lopes road was totally in the liquefaction zone and on the other side of Lopes Rd, including this 44960 Lopes Rd parcel and Warm Springs BART was less than 300 ft away but totally safe from the liquefaction zone perspective. It makes sense that a railway line and
BART station are built on a safe land parel.

b. DBS allows for concessions when the overall cost is reduced by INCREASING the number of units, not by REDUCING the number of units (density reduction). This cost reduction by less load bearing buildings does not qualify based on the intent of the california law as your staff correctly pointed out. It's plain silly HSW law/first party even came up with this justification. They are even claiming additional affordable townhouse units instead of additional units of high density buildings with ample parking floors.

2. Broken promises to current Innovation residents like us about the TOD commercial potential: I read that that parcel is zoned for high density commercial like a hotel/convention center as part of the original TODmaster plan for Warm Springs innovation district that was part of my condo title documents. City of Fremont needs a convention center and a connected hotel and these Warm Springs BART adjacent parcels on either side of the tracks are suitable for that as originally zoned high density areas. Such a development with a floating population enhances the commercial potential of the proposed Innovation side BART plaza square commercial establishments in the middle. If you allow a low density townhome community at this site, it will completely ruin the commercial potential of a vibrant innovation square/plaza shops as envisioned in the master plan. Is this first party is going to compensate for the loss of commercial value of Innovation plaza when they build low density townhomes instead of a commercial/convention center? This is a classic bait and switch. I am looking forward to vibrant walkable shops in the middle with a floating population that supports it. City of Fremont will benefit from a commercial property than another townhomes property

Public TOD facilities already built like free EV charging , van pool parking etc in Aya and Leya apartments lower floors on innovation side will not be used for intended purposes if the Innovation TOD master plan components are not developed as originally planned. Why completely defeat the original purpose (commercial/residential combo) for the sake of a very few additional DBS units if at all. Please stick to the 50 DBS as originally planned. Fremont economic development is more important.

3. This adjacent proposed townhome project with a permanent resident population instead of floating population will cause all kinds of additional burdens with entrances on small and short stretch of Lopes road. These include school enrollment/lottery, traffic congestion, parking, school playground that is used as a public park, utilities, water, crime etc. The proposed development may not have a overhead costs like the original innovation developers or a HOA cost for the home owners.

1 Kevin Lee
From:

Sent: Wednesday, September 24, 2025 10:29 PM
To: Kevin Lee
Subject: Public hearing 09/25 comment on WARM SPRINGS - LOPES ROAD APPEAL – 44960 Lopes Road - PRP2025-00035 and PLN2026-00023 and request to deny this appeal Dear Mr Kevin Lee,

My name is . I am the owner of building that is
adjacent to this 44960 Lopes Rd property within 300 ft. I read and understood the documentation made available on the fremont planning commission website - under meeting agenda for 09/25. Thank you for the information.

I am writing this comment as a strong objection to the proposed Low density townhouse development.

Please expressly DENY the appeal as already recommended by your staff.

My comments here include some of the reasons/objections you missed in your report:

1. Ingenuous claim about being located in a liquefaction zone.

Please take a look at the CNRA map of the parcel:

https://maps-cnra-cadoc.opendata.arcgis.com/datasets/cadoc::cgs-seismic-hazards-program- liquefaction-zones/explore?location=37.502225%2C-121.939944%2C17.00

Attachment 11209.pdf - HSW legal letter dated June 4 2025. This letter claims in a couple of places that the proposed project site is "partially located in a liquefaction zone" hence it meets the DBL. They are asking for reduced density by constructing town homes with less load and development standards and thus reducing the cost, thus justifying the DBS.

2 300 ft away but totally safe from the liquefaction zone perspective. It makes sense that a railway line and BART station are built on a safe land parel.

They will simply use all existing innovation facilities without contributing to the TOD community. This is not fair, they should pay and contribute money like everyone else so far to the innovation community

regards

Fremont City CouncilNovember 4, 2025

Fremont City Council
November 4, 2025