Fremont City Council Meeting: 12/09/25 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5589) DOC ID: 5589
Updated: 12/4/2025 4:42 PM by Dina Lewis Page 1
2025 GENERAL PLAN UPDATE (PLN2025-00209) - CITYWIDE - Public Hearing (Published Notice) to consider a Recommendation from the Planning Commission on a General Plan Amendment to the Land Use and Open Space Element, and Conservation Element to comply with California Senate Bill 1425 and Assembly Bill 1889 and to Consider a Finding That No Further Environmental Review is Required Pursuant to the Requirements of the California Environmental Quality Act (CEQA), Per, Without Limitation, and Each as a Separate and Independent Basis, CEQA Guidelines Section 15061(b)(3), In That It Can Be Seen With Certainty That There Is No Possibility That the Proposed General Plan Amendment Would Have the Potential for Causing a Significant Effect On the Environment and Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources and Section 15308, Actions by Regulatory Agencies for Protection of the Environment, and an Environmental Impact Report (EIR) SCH#2010082060 Was Previously Certified for the Project of Adopting the General Plan and None of the Conditions Which Would Require the Preparation of a Subsequent EIR are Present in the Project per CEQA Guidelines Section 15162.
Contact Persons:
Name: James Willis David Wage
Title: Senior Planner Planning Manager
Div/Dept: Planning Planning
Phone: 510-494-4449 510-494-4447
E-Mail: [email protected] [email protected]
Executive Summary: The project involves a City-initiated General Plan Amendment to respond to the recent passage of Senate Bill 1425 and Assembly Bill 1889 by the California State Legislature. These bills require an update to the City’s General Plan to address equal access to open space for all residents, climate resilience and rewilding opportunities, and analyze wildlife connectivity areas, identify wildlife passage features, and consider the impact of development on wildlife and habitat connectivity. The proposed amendment to the General Plan’s Land Use and Open Space and Conservation elements addresses these bills by identifying existing City policies related to the topics. Staff recommends the City Council adopt the proposed General Plan Amendment.
On November 13, 2025, the Planning Commission held a public hearing to consider the proposed General Plan amendment and voted unanimously to recommend that the City Council adopt the proposed amendment.
BACKGROUND: The City adopted the current General Plan on December 13, 2011.
The General Plan was last amended in February 2013 when the Land Use Element was amended to make minor edits resulting from the first year of implementation of the General Plan and to revise the description of private open space. The Housing Element is a component of the General Plan and is on a regular eight-year update cycle as required by State law. The current Housing Element was adopted in January 2023.
Council Staff Report (ID # 5589) Meeting of December 9, 2025 Updated: 12/4/2025 4:42 PM by Dina Lewis Page 2
Planning Commission Action
On November 13, 2025, the Planning Commission held a public hearing to consider the proposed amendment. During the hearing, one member of the public spoke, requesting a more comprehensive amendment. The Planning Commission asked some clarifying questions of staff and voted 7-0, to recommend that the City Council adopt the proposed amendment as recommended by staff to comply with the provisions of state law.
DISCUSSION/ANALYSIS: The project involves a General Plan amendment to comply with California State law requirements.
Senate Bill (SB) 1425
In 2022, Government Code §65565.5 was added, requiring jurisdictions to review and update its Open Space Element by January 1, 2026 to address all of the following:
• Access to open space for all residents
• Climate resilience and other co-benefits of open space • Rewilding opportunities
“Rewilding opportunities” is defined as:
1. Opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics
2. Establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development
Assembly Bill (AB) 1889
In 2024, Government Code §65302 was amended, requiring the Conservation Element to be updated upon the adoption or next revision of one or more elements on or after January 1, 2028. AB 1889 requires the Conservation Element to:
1. Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction
2. Identify and analyze existing or planned wildlife passage features
3. Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity
4. Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible
5. Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space Senate Bill (SB) 1000
In 2018, SB 1000 became effective, requiring jurisdictions to adopt an environmental justice element, or related goals, policies, and objectives integrated into other elements if a jurisdiction has a disadvantaged community, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
A disadvantaged community is defined as an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that Council Staff Report (ID # 5589) Meeting of December 9, 2025 Updated: 12/4/2025 4:42 PM by Dina Lewis Page 3
is a low-income area that is disproportionally affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
The California Environmental Protection Agency (CalEPA) disadvantages communities map does not currently identify any areas in Fremont as a disadvantaged community. Therefore, Fremont is not subject to SB 1000 at this time. If a disadvantaged community is identified in the future, then Fremont would be subject to the requirements of SB 1000 if two or more elements are updated concurrently.
General Plan Amendment
Since the General Plan was adopted by the City Council in 2011, a number of citywide plans have been adopted or updated that address the requirements of SB 1425 and AB 1889.
These plans include:
• Parks & Recreation Master Plan, adopted in 2022
• Climate Ready Fremont, adopted in 2023
• Urban Forest Management Plan, adopted in 2023
• East Bay Regional Park District (EBRPD) Master Plan, adopted in 2013 In addition, existing policies in the Land Use and Open Space Element and Conservation Element, and existing development standards in the Fremont Municipal Code further address the requirements of SB 1425 and AB 1889.
The proposed General Plan Amendment would become an addendum to the existing Land Use and Open Space Element and Conservation Element. By referencing the City’s existing plans and policies, the requirements of SB 1425 and AB 1889 have been fully satisfied. This General Plan Amendment does not propose any amendments to existing General Plan policies and does not create any new policies.
Community Engagement
A webpage was created on the City’s website on July 24, 2025 to provide updates on the General Plan Amendment. Interested parties were also able to sign up for the General Plan Updates Interest List to receive email or text message updates on the project. The General Plan Updates Interest List, which previously provided updates during the Housing Element Update, has over 5,000 subscribers. Updates on the project were also provided to the Builders Interest List and in The Fremont Connection, the City’s weekly online newsletter.
The City had a booth at the Festival of the Arts event on August 2 & 3, 2025, where staff were available to answer questions and the booth included materials regarding the General Plan Amendment.
A public comment period was held from October 13, 2025 to October 27, 2025 to solicit feedback from the public on the draft General Plan Amendment. One letter was received from the Citizens Committee to Complete the Refuge (CCCR) during the public comment period. Staff met with CCCR on October 30, 2025, to further discuss their comments. The letter requested additional policies and analysis regarding the Baylands and sea level rise.
SB 272 was signed into law in 2023 requiring local governments located within the State’s coastal zone to create adaptation plans to address sea level rise on or by January 1, 2034.
The comments regarding the Baylands and sea level rise would be best addressed in the Subregional Shoreline Adaptation Plan that will be developed as required by SB 272. The comment letter also requested modifications to policies and language in the existing Conservation Element. Because existing plans and policies address the requirements of Council Staff Report (ID # 5589) Meeting of December 9, 2025 Updated: 12/4/2025 4:42 PM by Dina Lewis Page 4
AB 1889, staff is not proposing any modifications to language in the existing Conservation Element. The General Plan is currently planned through 2030, and staff anticipates beginning work on the next General Plan in the next few years. The comments regarding the Conservation Element language would be best addressed in the next General Plan when there will be a comprehensive update to each General Plan element. As of the date of the drafting of this staff report, no other public comments have been received.
Prior to the adoption or amendment of a General Plan, SB 18 requires the City to consult with California Native American tribes to aid in the protection of traditional tribal consultation places through land use planning. The City is required to provide tribes 90 days to request consultation. On July 15, 2025, notices were sent to representatives of Native American Tribes identified by the California Native American Heritage Commission.
One tribe, the Confederated Villages of Lisjan, requested consultation on the project. After reviewing the draft General Plan Amendment attached to this staff report, the tribe concluded their consultation on October 8, 2025. No other tribes requested consultation during the 90-day notification period.
General Plan Conformance
The proposed General Plan Amendment is consistent with the intent and direction of the General Plan. The amendments do not change any existing General Plan policies and are consistent with the overall vision of the General Plan.
Findings for Approval
Pursuant to FMC Section 18.225.050(b), upon receipt of a Planning Commission recommendation, the City Council may approve or approve with modifications an amendment to the general plan when the following findings can be made:
(1) The proposed amendment is consistent with the general plan and, where the amendment is to the text of the general plan, it is consistent with the other policies and chapters.
Analysis: The proposed amendment is consistent with the general plan, amends the text of the general plan by adding references to other citywide plans and policies, and is consistent with the other policies and chapters of the general plan. (2) The proposed amendment furthers the public interest, convenience, and general welfare of the city.
Analysis: The proposed amendment complies with state law that requires the City to address equitable access to open space, mitigate impacts and barriers to wildlife, and consider opportunities to remediate existing wildlife connectivity barriers, which would further the public interest, convenience, and general welfare of the City.
The proposed amendment to the general plan conforms with and contains the requirements pursuant to Government Code §65358:
(a) The proposed amendment is in the public interest, and (b) The general plan has not been amended more than four times during the calendar year.
FISCAL IMPACT: N/A
Council Staff Report (ID # 5589) Meeting of December 9, 2025 Updated: 12/4/2025 4:42 PM by Dina Lewis Page 5
ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) SCH#2010082060 was previously certified for the project of adopting the General Plan. Per CEQA Guidelines Section 15162, no subsequent EIR shall be prepared for a project where an EIR has been certified unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Analysis: No substantial changes are proposed to the Fremont General Plan as part of this project. The proposed General Plan Amendment is to identify policies in response to recently passed legislation and all policies identified are existing.
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Analysis: No substantial changes are proposed under this project which will require major revisions of the previous EIR because the policies identified as part of this General Plan Amendment are existing within the City of Fremont and the project would not result in any physical changes that would have a significant effect on the environment.
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Analysis: No new information of substantial importance has been identified as part of this project. The proposed project would not result in any direct physical changes that would have a significant effect on the environment. All policies to address the applicable legislation identified by this project currently exist and no new mitigation measures have been identified.
Council Staff Report (ID # 5589) Meeting of December 9, 2025 Updated: 12/4/2025 4:42 PM by Dina Lewis Page 6
In addition, the proposed project is exempt from the requirements of CEQA per, without limitation, CEQA Guidelines Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources, and Section 15308, Actions by Regulatory Agencies for Protection of the Environment in that the General Plan Amendments are in response to the recent passage of Senate Bill 1425 and Assembly Bill 1889 by the California State Legislature. These laws require the City’s General Plan to address equal access to open space for all residents, climate resilience and rewilding opportunities, and analyze wildlife connectivity areas, identify wildlife passage features, and consider the impact of development on wildlife and habitat connectivity. The action is further exempt pursuant to CEQA Guidelines Section 15061(b)(3) because the proposed General Plan Amendment identified existing policies and would not result in any physical changes that would have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Resolution
• Exhibit "A" to Draft Resolution
• Exhibit "B" to Draft Resolution
• Informational 1_Public Correspondence
• Informational 2_Draft Planning Commission Minutes
RECOMMENDATIONS:
1. Hold public hearing.
2. Find that no further environmental review is required pursuant to the requirements of the California Environmental Quality Act (CEQA), per, without limitation, and each as a further separate and independent basis, CEQA Guidelines Section 15162 and 15163, in that an Environmental Impact Report (EIR) SCH#2010082060 was previously certified for the project of adopting the General Plan and none of the conditions which would require the preparation of a subsequent EIR are present, Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources and Section 15308, Actions by Regulatory Agencies for Protection of the Environment, and/or Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed General Plan Amendment would have the potential for causing a significant effect on the environment.
3. Find that the General Plan Amendment conforms with and contains the requirements provided for State law, including without limitation Government Code Section 65358.
The General Plan Amendment: (1) complies with all applicable laws; (2) will not cause the General Plan to become internally inconsistent in violation of Government Code Section 65300.5; (3) the proposed General Plan amendment is in the public interest, as required under Government Code Section 65358(a); and (4) adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b).
4. Adopt a resolution for the General Plan Amendment.