Resolution 2025-XX Page 1 of 3
DRAFT
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT ADOPTING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE MORRISON CANYON ROAD STORM REPAIR AND MITIGATION
PROJECT (PWC9105)
WHEREAS, the Morrison Canyon Road Storm Repair and Mitigation Project (“Project”) would provide for the repair of a section of Morrison Canyon Road, including the replacement of damaged pavement, the installation of a retaining wall, and the installation of hazard protection measures along the adjacent uphill slope; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and draft Mitigated Negative Declaration (State Clearinghouse No. 2022080253) (“IS/MND”) for the Project; and
WHEREAS, the IS/MND concluded that potentially significant environmental effects pertaining to biological resources including special-status plant species, Alameda Whipsnake, Worker Environmental Awareness Program (WEAP) requirements, Special-Status Amphibians, San Francisco Dusky-Footed Woodrat, Special-Status Bumblebees, Special-Status Bat Species, Protected Nesting Birds and Raptors, Sensitive Natural Communities, and Jurisdictional Wetlands/Waterways) would be avoided or reduced to less-than-significant levels by mitigation measures (“MM”) identified in the IS/MND; and
WHEREAS, on September 2, 2025, the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project in accordance with the requirements of CEQA; and
WHEREAS, on September 2, 2025, the Draft IS/MND for the Project was distributed to responsible agencies and circulated for public review and comment, for a period that ended on October 2, 2025, in accordance with the requirements of CEQA; and
WHEREAS, the City received two written letters during the public review period from the Union Sanitary District and Pacific Gas & Electric, both containing no comments regarding environmental topics; and
WHEREAS, the City determined that there are no added conditions necessary to mitigate an avoidable significant effect, and therefore recirculation of the Draft IS/MND is not required pursuant to CEQA Guidelines Section 15073.5(c)(3); and
Resolution 2025-XX Page 2 of 3
WHEREAS, on November 18, 2025 the City Council held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with a Mitigation Monitoring and Reporting Program (MMRP), all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing; and
WHEREAS, the City Council has independently reviewed and considered the IS/MND together with the comments and the responses to those comments prior to taking action on the Project.; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS. The City Council makes the following findings and determinations with respect to the IS/MND for the Project:
1. The City Council has independently reviewed and considered the IS/MND and comments received during the public review period prior to acting on the Project; and
2. The IS/MND is complete and adequate and reflects the City’s independent judgment and analysis as to the environmental effects of the Project; and
3. The text revisions to the Draft IS/MND do not require recirculation pursuant to CEQA Guidelines Section 15073.5(c)(3), in that the additional conditions of approval are not necessary to mitigate an avoidable significant effect; and
4. On the basis of the whole record before it, there is no substantial evidence that the Project as proposed and mitigated will have a significant effect on the environment.
SECTION 2. MITIGATED NEGATIVE DECLARATION. The City Council hereby adopts the Mitigated Negative Declaration for the Project, as more particularly shown in Exhibit “A” to the November 18, 2025 City Council staff report, attached hereto and incorporated herein as Attachment 1.
SECTION 3. MITIGATION MONITORING AND REPORTING PROGRAM. The City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Project, as more particularly shown in Exhibit “B” to the November 18, 2025 City Council staff report, attached hereto and incorporated herein as Attachment 2.
SECTION 4. NOTICE OF DETERMINATION. The City Council hereby directs staff to file a Notice of Determination with the County Clerk of Alameda County.
SECTION 5. The effective date of this resolution shall be November 18, 2025.
ADOPTED November 18, 2025, by the City Council of the City of Fremont by the following vote:
Resolution 2025-XX Page 3 of 3
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________ City Clerk City Attorney