Minutes Planning Commission – February 26, 2026 PAGE 1
MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 26, 2026
CALL TO ORDER: Chairperson Basrai called the meeting to order at 7:00 p.m.
PRESENT: Chairperson Basrai
Commissioners Craig, Ezzy, Liu, Yee, Zhang
ABSENT: Vice Chairperson Ramamurthi
STAFF PRESENT: David Wage, Planning Manager
Heather Lee, Senior Deputy City Attorney
James Willis, Senior Planner
Winnie Mui, Associate Planner
Kevin Lee, Associate Planner
Kim Salazar, Recording Clerk
Khanh Vo, IT Specialist II
Chavez Company, Remote Stenocaptioning
Napoleon Batalao, Video Technician
APPROVAL OF MINUTES: Commissioner Yee moved to approved minutes for the regular meeting of January 22, 2026. Commissioner Craig seconded and the motion carried by all present.
ELECTION OF OFFICERS
FOR 2026: Commissioner Zhang nominated Benjie Craig to serve as Chairperson and Mufaddal Ezzy to serve as Vice Chairperson.
Commissioner Yee seconded the nomination s and the
nominations carried by all present.
There was a brief recess while staff reset the computer system and seating arrangements, for Benjie Craig to take up the gavel as Chairperson for the remainder of the meeting.
DISCLOSURES: Commissioner Liu drove by the proposed project sites for Items 1 (PLN2025-00104) and 2 (PLN2025 -00240) but did not speak with anyone.
Commissioner Yee walked the proposed project site for Items 1 (PLN2025-00104) and 2 (PLN2025 -00240), and spoke with the applicant for Item 2.
Minutes Planning Commission – February 26, 2026 PAGE 2
Commissioner Zhang walked by the proposed project sites for Items 1 (PLN2025 -00104) and 2 (PLN2025 -00240) but did not speak with anyone.
Commissioner Basrai walked by the proposed project site for Items 1 (PLN2025-00104) and drove by the proposed project site for Item 2 (PLN2025-00240) but did not speak with anyone.
Incoming Vice Chairperson Ezzy went by the proposed project sites for Items 1 (PLN2025 -00104) and 2 (PLN2025 -00240) but did not speak with anyone.
Incoming Chairperson Craig went by the proposed project site for Items 1 (PLN2025-00104) and 2 (PLN2025-00240), and spoke with the applicant for Item 2.
Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes:seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/#
CONSENT CALENDAR None
PUBLIC/ORAL
COMMUNICATIONS Kelly Abreu commented on the use of funds for the planning and development of the City of Fremont.
PUBLIC HEARING ITEMS
Item 1. DUSTERBERRY RESIDENCES – 37555-37557 Dusterberry Way – PLN2025- (00:20:55) 00104 – To consider a Discretionary Design Review Permit, Vesting Tentative Tract Map No. 8726, Private Street, Tree Removal, and waivers pursuant to State Density Bonus Law to allow the construction of a new for -sale, 24-unit detached townhome development with t hree onsite affordable units and 21 attached accessory dwelling units on a 1.86 -acre lot at 37555 & 37557 Dusterberry Way in the Centerville Community Plan Area; and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332, In -fill Development Projects, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning, as the project is consistent with the development density established by the General Plan for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subseq uent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Planning Manager David Wage introduced the item.
Minutes Planning Commission – February 26, 2026 PAGE 3
Associate Planner Kevin Lee gave a brief presentation and responded to questions from the Commission regarding the Initial Study (IS) and Mitigated Negative Declaration (MND) done in 2004, and the noise study and required design measure s for the proposed project to address noise from the adjacent car wash.
Incoming Chairperson Craig opened the public hearing for this item.
After a brief presentation, t he applicant team, Scott Connelly , Will Runquist , and Jenna Keith responded to questions from the Commission regarding window placement to ensure privacy, the Environmental Site Assessment (ESA) done in 2024, and the design of a perimeter fence.
Incoming Chairperson Craig closed the public hearing for this item.
IT WAS MOVED (LIU/BASRAI) AND CARRIED BY THE FOLLOWING VOTE (5-1-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO, WITHOUT
LIMITATION, CEQA GUIDELINES 15332, INFILL DEVELOPMENT PROJECTS,
AND FIND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PER CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT
WITH THE LAND USE ENVISIONED FOR THE SITE AS ESTABLISHED BY
THE GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AND/OR CEQA GUIDELINES SECTIONS 15162 AND 151 63 AS NONE OF THE
CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND
FOUND THE PROJECT IS ELIGIBLE FOR A DENSITY BONUS AND WAIVERS
PURSUANT TO STATE DENSITY BONUS LAW AND THAT THE REQUESTED
WAIVERS ARE NECESSARY TO PHYSICALLY ALLOW THE
CONSTRUCTION OF THE DEVELOPMENT;
AND
FOUND THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT
PROVISIONS, DESIGNATED GOALS, AND POLICIES CONTAINED IN THE CITY’S GENERAL PLAN AS DESCRIBED IN THE STAFF REPORT;
AND
APPROVED THE DISCRETIONARY DESIGN REVIEW PERMIT, VESTING TENTATIVE TRACT MAP NO. 8726, PRIVATE STREET, TREE REMOVAL PURSUANT TO THE CITY’S TREE PRESERVATION ORDINANCE, AND
WAIVERS PURSUANT TO STATE DENSITY BONUS LAW AS SHOWN IN EXHIBIT “A” AND EXHIBIT “B,” BASED ON FINDINGS AND SUBJECT TO CONDITIONS OF APPROVAL AS CONTAINED IN EXHIBIT “C.”
The motion carried by the following vote:
AYES: 5 – Basrai, Craig, Ezzy, Liu, Yee
NOES: 1 – Zhang
Minutes Planning Commission – February 26, 2026 PAGE 4
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0
Item 2. RAISING CANE'S – CUP – 43330 Pacific Commons Boulevard – PLN2025- (00:55:01) 00240 – To consider a Conditional Use Permit, Discretionary Design Review Permit, and Tree Removal for the construction of a new 3,466 -square-foot restaurant with a drive-through and associated site improvements within the Pacific Commons major retail center in the Bayside Industrial Community Plan Area; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332, Infill Development Projects, and CEQA Guidelines Section 15183, as the project is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and pursuant to CEQA Guidelines Sections 15162 an d 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Planning Manager David Wage introduced the item, and Project Planner Clarissa Flores gave a brief presentation.
Incoming Chairperson Craig opened the public hearing for this item.
Lester Tucker, representing the applicant, gave a brief presentation and responded to questions from the Commission regarding the anticipated opening date and the expected vehicle load for the drive-thru.
Incoming Chairperson Craig closed the public hearing for this item.
IT WAS MOVED (YEE/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-0- 0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND
FOUND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO AN EXEMPTION FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PER, WITHOUT
LIMITATION, AND EACH AS A SEPARATE AND INDEPENDENT BASIS, CEQA GUIDELINES SECTION 15322, INFILL DEVELOPMENT, CEQA GUIDELINES SECTION 15183, AS THE PROJECT IS CONSISTENT WITH THE
LAND USE ENVISIONED FOR THE SITE AS ESTABLISHED BY THE
GENERAL PLAN FOR WHICH AN ENVIRONMENTAL IMPACT REPORT
(SCH#2010082060) WAS PREVIOUSLY PREPARED AND CERTIFIED, AN D CEQA GUIDELINES SECTIONS 15162 AND 15163, AS NONE OF THE
CIRCUMSTANCES REQUIRING PREPARATION OF A SUBSEQUENT OR
SUPPLEMENTAL EIR HAVE OCCURRED;
AND
FOUND THAT THE DISCRETIONARY DESIGN REVIEW PERMIT AND
CONDITIONAL USE PERMIT (PLN2025-00240) ARE IN CONFORMANCE WITH THE RELEVANT PROVISIONS CONTAINED IN THE CITY’S GENERAL PLAN.
Minutes Planning Commission – February 26, 2026 PAGE 5
THESE PROVISIONS INCLUDE GOALS AND POLICIES SET FORTH IN THE
GENERAL PLAN LAND USE ELEMENT AS ENUMERATED WITHIN THE
STAFF REPORT;
AND
APPROVED PLN2025 -00240, A CONDITIONAL USE PERMIT FOR A NEW
DRIVE-THROUGH RESTAURANT, THE DISCRETIONARY DESIGN REVIEW
PERMIT FOR THE NEW BUILDING, AND A TREE REMOVAL REQUEST AS SHOWN IN EXHIBIT “A,” IN ACCORDANCE WITH FINDINGS AND
CONDITIONS OF APPROVAL CONTAINED IN EXHIBIT “B.”
The motion carried by the following vote:
AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0
Item 3. Winter 2025-2026 Code Update – Citywide – PLN2026-00005 – To consider text (01:19:01) amendments to Fremont Municipal Code Title 17 (Subdivisons) and Title 18 (Planning and Zoning) to clarify and enhance definitions, procedures, and standards related to development and use of property within the City; and to consider exemptions for the proposed amendments from the requirements of the California Environmental Quality Act (CEQA), each on a separate and independent basis, pursuant to CEQA Guidelines §15061 (Review for Exemption) and §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Planning Manager David Wage introduced the item, and Senior Planner James Willis gave a brief presentation.
Incoming Chairperson Craig opened then closed the public hearing, as there were no public comments for this item.
IT WAS MOVED (YEE/LIU) AND CARRIED BY THE FOLLOWING VOTE (6-0- 0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING;
AND
RECOMMENDED THAT THE CITY COUNCIL:
FIND THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), EACH AS A SEPARATE AND INDEPENDENT BASIS PER SECTION 15061 OF THE CEQA GUIDELINES IN THAT IT IS NOT A PROJECT WHICH
HAS THE POTENTIAL TO CAUSE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND CEQA GUIDELINES SECTION 15183 AS A PROJECT
CONSISTENT WITH THE GENERAL PLAN AND ZONING AND OTHERWISE MEETING THE REQUIREMENTS OF THAT EXEMPTION;
AND
FIND THAT THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE
GENERAL PLAN, INCLUDING THE LAND USE ELEMENT
Minutes Planning Commission – February 26, 2026 PAGE 6
IMPLEMENTATION MEASURE, HOUSING ELEMENT GOAL, AND
ECONOMIC DEVELOPMENT IMPLEMENTATION MEASURES DISCUSSED IN THE STAFF REPORT;
AND
FIND THAT THE PROPOSED AMENDMENTS FURTHER THE PUBLIC
INTEREST, CONVENIENCE, AND GENERAL WELFARE OF THE CITY BY
ENSURING CONSISTENCY OF THE FMC, AND STATE LAW, AND PROVIDE
FOR ZONING DISTRICT USES AND DEVELOPMENT STANDARDS THAT ARE
RELEVANT TO CURRENT DEVEL OPMENT TRENDS, EASY TO USE,
FLEXIBLE AND EQUITABLE, AND ENSURE THE HEALTH AND SAFETY OF FREMONT RESIDENTS;
AND
INTRODUCE AN ORDINANCE APPROVING AMENDMENTS TO FMC TITLE 17 (SUBDIVISIONS), AND TITLE 18 (PLANNING AND ZONING), AS SHOWN ON EXHIBIT “A,” AND FOR CONFORMANCE WITH THE GENERAL PLAN; AND
DIRECT STAFF TO DOCUMENT THE ABOVE WRITTEN FINDINGS AND
RECOMMENDATION OF THE COMMISSION TO THE CITY COUNCIL AND TO
PREPARE, AND THE CITY CLERK TO PUBLISH, A SUMMARY OF THE ORDINANCE.
The motion carried by the following vote:
AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0
Item 4. 2025 ANNUAL PROGRESS REPORT – CITYWIDE – PLN2026-00093 – To (01:27:52) consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation and each on a separate and independent basis CEQA Guidelines §15061(b)(3) (No possibility of significant effects), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Government administrative actions with no significant effect).
Planning Manager David Wage introduced the item.
Associate Planner Winnie Mui gave a brief presentation and responded to questions from the Commission regarding Senate Bill 9 (SB 9) lot splits.
Incoming Chairperson Craig opened the public hearing for this item.
Kelly Abreu commented on housing goals for Fremont and the bay area in general.
Incoming Chairperson Craig closed the public hearing for this item.
Minutes Planning Commission – February 26, 2026 PAGE 7
IT WAS MOVED ( ZHANG/BASRAI) AND CARRIED BY THE FOLLOWING VOTE (6-0-0-1-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:
FIND THE APR IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO,
WITHOUT LIMITATION AND EACH ON A SEPARATE AND INDEPENDENT BASIS CEQA GUIDELINES §15061(B)(3) (NO POSSIBILITY OF SIGNIFICANT EFFECT), §15183 (PROJE CTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING), AND §15378 (GOVERNMENT
ADMINISTRATIVE ACTIONS WITH NO SIGNIFICANT EFFECT);
AND
ACCEPT EXHIBIT “A” AND EXHIBIT “B,” WHICH DEPICT THE STATUS OF
THE GENERAL PLAN AND HOUSING ELEMENT, AND DIRECT STAFF TO SUBMIT THE APR TO LCI AND HCD.
The motion carried by the following vote:
AYES: 6 – Basrai, Craig, Ezzy, Liu, Yee, Zhang
NOES: 0
ABSTAIN: 0
ABSENT: 1 – Ramamurthi
RECUSE: 0
DISCUSSION ITEMS
MISCELLANEOUS ITEMS
Information from Commission and Staff:
• Information from staff, as reported by Planning Manager David Wage:
o The next regular meeting is scheduled for Thursday, March 26, 2026.
• Actions from City Council Regular Meetings: None
• Information from Commission: None
ADJOURNMENT
Meeting adjourned at 8:35 p.m.
SUBMITTED and APPROVED BY:
Kim Salazar, Recording Clerk David Wage, Secretary
Planning Commission Planning Commission