Agenda packet, first session — Fremont City Council, June 9, 2026 (part 1 of 2)

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Raj Salwan, Mayor
Yajing Zhang, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Kathy Kimberlin, District 3
Yang Shao, District 4
Raymond Liu, District 6

City Staff

Karena Shackelford, City Manager
Rafael E. Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager

Kim Beranek, Community Services Director
Geneva Bosques, Communications and
Legislative Affairs Director
Arquimides Caldera, Human Services Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Alberto Quintanilla, City Clerk
Kelly King, Maintenance Operations Director
Matt Cano, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Joel Pullen, Community Development Director
Sanford Taylor, Information Technology Director
Floyd Mitchell, Chief of Police
Fremont City Council Agenda and
Report
June 09, 2026

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. Adjournment

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may then speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Agenda and Report - Fremont City Council Meeting - June 09, 2026

June 9, 2026 Fremont City Council Page 2
Important Notice Regarding the City Council Meeting.

This meeting is being conducted utilizing teleconferencing and electronic means Pursuant to Government Code Section 54953.4 (Assembly Bill 707), The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which also provides a link to the live stream; or, on Comcast Channel 27. Please note, Channel 27 is only available to Comcast cable subscribers.

Submission of Public Comments: For those wishing to make public comments at the June 9, 2026 Council meeting, you may either: (1) submit your comments by email prior to the meeting, or (2) by Spoken Public Comment during the meeting. If you experience technical problems with the telephonic meeting, please contact the City Clerk’s Office at (510)284-4060 or [email protected].

How to submit Public Communications by email prior to the meeting:

Send an email to [email protected] before 1:00 p.m. the day of the meeting.

Please identify the agenda item number/letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit/photo, include it as a PDF file in your email before the noted deadline.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:

1. Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk.

2. By phone 833-430-0037 (toll free). Webinar ID: 812 6129 5709. Click *9 to raise your hand to speak.

3. By online https://us06web.zoom.us/j/81261295709
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause audio feedback.
b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted.

The City Council Agendas may be accessed online:
https://www.fremont.gov/government/agenda-center
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.

June 9, 2026 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
June 09, 2026
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. Calling of Election 2026 - Adopt a Resolution Calling and Consolidating the 2026 November Election
Contact Persons:

Name: Alberto Quintanilla Allen DeMers
Title: City Clerk Deputy City Manager
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4009 510-494-4651
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution that:

1. Calls for the General Municipal Election.

2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.

3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 3, 2026, election.

4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words and requires a candidate to make a deposit of $1,000 to pay for costs at the time his/her nomination papers are filed.

June 9, 2026 Fremont City Council Page 4

5. Allows for rebuttals for the arguments in favor and the arguments in opposition for any potential ballot measure.

D. Senate Bill 707 Outreach Efforts - Adoption of Resolution Determining Reasonable Efforts to Encourage Public
Participation in Meetings Pursuant to Government Code § 54953.4
Contact Persons:

Name: Alberto Quintanilla Geneva Bosques
Title: City Clerk Director of Communications
and Legislative Affairs
Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4009 510-284-4094
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution determining reasonable efforts to encourage public participation in meetings pursuant to Government Code § 54953.4.

E. Osgood Road Family Apartments Loan Extension – Adopt a Resolution Authorizing the City Manager to Extend the Term of the Existing City Loan Agreement with MP Irvington LLC, an Affiliate of MidPen Housing Corporation
Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development
Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution authorizing the City Manager or designee to amend the loan agreement and other implementing documents and take such other actions as required to clarify that the project will proceed in two phases with distinct performance timelines; and, extend the term of the acquisition and
predevelopment loan agreement with MP Irvington LLC to June 30, 2028, with a 180-day period to be issued administratively for Phase 1, if needed, and an additional 180-day period thereafter (to June 30, 2029) for Phase 2.

June 9, 2026 Fremont City Council Page 5
F. City Network Infrastructure Replacement - Authorize the City Manager, or Designee, to issue a purchase order to Saitech Inc. in the amount of $348,903.88 for the purchase of Cisco C9350 network equipment.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology
Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Recommendation: Authorize the City Manager, or designee, to issue a purchase order to Saitech Inc. in the amount of $348,903.88 (including applicable sales tax and shipping charges) for the purchase of Cisco C9350 network equipment, execute any implementing documents, and take any implementing actions as necessary.

G. FY 2026/27 Memoranda of Understanding With Alameda
County Health For Medi-Cal Programs - Authorize the City Manager to Execute Memoranda of Understanding with
Alameda County Health for FY 2026/27 Medi-Cal
Administrative Activities and Targeted Case Management
Services
Contact Persons:

Name: Leticia Leyva Arquimides Caldera
Title: Management Analyst II Human Services Director
Dept: Human Services
Department
Human Services Department
Phone: 510-574-2072 510-574-2056
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution:(1) authorizing the City Manager, or designee, to execute Memoranda of Understanding with Alameda County Health to enable the City’s Human Services Department to receive reimbursement for eligible FY 2026/27 expenses through Alameda County’s Targeted Case Management (TCM) and Medi-Cal Administration Activities (MAA) programs, and making findings of CEQA exemption, as described in this staff report; and (2) delegating to the City Manager, Finance Director, or designees, the authority to sign, certify or execute documents on behalf of the City, with respect to the MAA and TCM programs for FY 2026/27.

June 9, 2026 Fremont City Council Page 6
H. Adopt A Resolution Approving Additional Funding For The Canvas Apartments Project – Approval of Additional
Affordable Housing Funding for the Canvas Apartments
Project and Making Findings of CEQA Exemption
Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development
Director
Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

Recommendation:

1. Adopt a Resolution authorizing the City Manager or her designee to amend the existing loan documents to add $1,000,000 in funding to the project, and take such other actions as required to increase the total loan amount to $11,000,000 to Community Development Partners, and making findings of CEQA exemption; and,

2. Appropriate $1,000,000 from Fund 196 (Affordable Housing Development Fund) for the Canvas Apartments project.

I. Veterinary Care and Spay/Neuter Services - Authorize the City Manager, or her Designee to increase the Purchase Order with Aborn Veterinary Hospital for an additional $81,000 for a total not to exceed amount of $280,000 for Animals at Tri-City Animal Shelter
Contact Persons:

Name: Shawn Decker Diane Brasil
Title: Police Lieutenant Police Business Manager
Dept: Police Department Police Department
Phone: (510) 896-9592 510-790-6816
E-Mail: [email protected] [email protected]

Recommendation: Authorize the City Manager, or her designee, to increase the Purchase Order with Aborn Veterinary Hospital for an additional $81,000 for a total not to exceed amount of $280,000 for Animals at Tri-City Animal Shelter.

J. Service Agreement for Printing and Delivery of the City of Fremont Newsletter - Authorize the City Manager to Execute an Agreement with FolgerGraphics, Inc., for the printing and delivery of the City of Fremont newsletter, in an amount not to exceed $263,960 for a 5-year term.

Contact Persons:

Name: Cheryl Golden Anthony Choi
Title: Communications
Manager
Management Analyst I
June 9, 2026 Fremont City Council Page 7
Dept: City Manager's Office City Manager's Office
Phone: 510-284-4025 (510) 284-4015
E-Mail: [email protected] [email protected]

Recommendation: Authorize the City Manager or designee to execute a service agreement with FolgerGraphics, Inc., to provide printing and delivery of the City of Fremont Newsletter for a five-year term with a total amount not to exceed $263,960.

K. Alameda County Housing Community Supports - Authorize the City Manager to Execute a Fourth Amendment with Alameda County for City to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services
Contact Persons:

Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Dept: Human Services
Department
Human Services Department
Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]

Recommendation: Authorize the City Manager, or designee, to execute a Fourth Amendment to its Agreement with Alameda County for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services through June 30, 2027, in an amount not to exceed $912,685.

L. Special Event Sponsorship Program 2026/27 – Adopt
resolution allocating Special Event Sponsorship Awards for FY 2026/27
Contact Persons:

Name: Amy Gee Geneva Bosques
Title: Public Affairs Manager Director of Communications and Legislative Affairs
Dept: Police Department City Manager's Office
Phone: 510-790-6967 510-284-4094
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt resolution allocating FY 2026/27 special event sponsorship awards to the ten eligible events as specified in this report.

M. Tract 8596 - Approval of Final Map, Agreements for
Construction of Public and Private Street Improvements, and Dedication of Public Easements for Tract 8596, located at 43401 Ellsworth Street (Ellsworth Mixed Use)
Contact Persons:

June 9, 2026 Fremont City Council Page 8
Name: Kenneth Nagar Noe Veloso
Title: Associate Civil Engineer Assistant City Engineer Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4774
E-Mail: [email protected] [email protected]

Recommendation: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8596.

2. Authorize the City Manager to execute on behalf of the City the Agreement for Public Improvements entitled “Improvement Agreement, Tract 8596 – Public Improvements”, with the
developer, Robson Homes, LLC.

3. Authorize the City Manager to execute on behalf of the City the Agreement for Private Improvements entitled “Improvement Agreement, Tract 8596 – Private Improvements”, with the developer, Robson Homes, LLC.

4. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

5. Make findings of CEQA exemptions.

3. Ceremonial Items
A. Introduction of New Public Work Director Matt Cano
B. Resolution: Twenty Years of Service – Police Sergeant Jacob Blass

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR
June 9, 2026 Fremont City Council Page 9

5. Scheduled Items
A. Second Public Hearing and Adoption of FY 2026/27 Operating Budget and Appropriations Limit - Conduct a Second Public Hearing (Published Notice) and Adopt Resolutions Adopting FY 2026/27 Operating Budget and Establishing Appropriations Limit
Contact Persons:

Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

Recommendation:

1. Hold a public hearing on the proposed operating budget for FY 2026/27.

2. Adopt a resolution approving the City of Fremont FY 2026/27 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $1,059,979,742 for FY 2026/27.

B. Sterling Osgood Road GPA & Rezoning – 43800 Osgood Road - PLN2025-00100 - (Public Hearing) To consider a proposed General Plan Amendment from Regional Commercial to Tech Industrial, a corresponding Rezoning from Commercial –
Regional (C-R) to Tech Industrial (I-T), a Discretionary Design Review Permit, and other land use entitlements for the 11.21- acre property at 43800 Osgood Road in the Irvington
Community Plan Area; and to consider a Negative Declaration prepared and circulated for the project in accordance with the requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

Name: Marc Cleveland David Wage
Title: Associate Planner Planning Manager
Dept: Planning Community Development
Phone: 510-494-4543 510-494-4447
E-Mail: [email protected] [email protected]

Recommendation: Staff and the Planning Commission recommend that the City Council:

1. Adopt a Resolution adopting the Negative Declaration and adopting the General Plan Amendment, each attached thereto, and making specified findings, and

2. Waive first reading and introduce an Ordinance approving the June 9, 2026 Fremont City Council Page 10
Rezoning of the project site, and the Project Plans based on the findings and subject to the conditions of approval.

6. Other Business
A. Amendment to CalPERS Contract – Resolution of Intent and Introduction of an Ordinance to Amend the City's Contract with the California Public Employees' Retirement System to Adjust Employee Cost-Sharing for Safety New Members under the Public Employees’ Pension Reform Act of 2013
Contact Persons:

Name: Tina Gallegos
Title: Human Resources
Director

Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]

Recommendation: Staff recommend that the City Council:

1. Adopt a Resolution of Intention stating its intent to amend the City’s contract with CalPERS to reduce the additional employee cost share contribution for Safety New Members from 0.75% to

0.25%, effective as soon as administratively feasible.

2. Introduce an Ordinance authorizing an amendment to the City’s contract with CalPERS.

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
June 9, 2026 Fremont City Council Page 11

ACRONYMS

ABAG Association of Bay Area Governments HARB Historical Architectural Review Board ACE Altamont Commuter Express HBA Home Builders Association ACFCD Alameda County Flood Control District HCD Housing and Community ACTC Alameda County Transportation
Commission

HRC
Development (State)
Human Relations Commission
HCD Housing and Community
ACWD Alameda County Water District ICMA

JPA
International City/County Management
Association
Joint Powers Authority
ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
LLMD Lighting and Landscaping Maintenance
District
LOCC League of California Cities
BCDC Bay Conservation & Development
Commission
LOS
MET
Level of Service
Mobile Evaluation Team
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
CALPERS California Public Employees’ Retirement
System
MTC Metropolitan Transportation
Commission
CBC California Building Code NRSRO Nationally Recognized Statistical Rating Organization
CDD Community Development Department NEPA National Environmental Policy Act CC & R’s Covenants, Conditions & Restrictions NLC National League of Cities CDBG
CEQA
Community Development Block Grant
California Environmental Quality Act
NPDES National Pollutant Discharge Elimination
System
CERT Community Emergency Response Team NPO Neighborhood Preservation Ordinance CIP Capital Improvement Program PC Planning Commission
CNG Compressed Natural Gas PD Planned District
COF City of Fremont PDA Priority Development Area
COPPS Community Oriented Policing and Public
Safety
PUC
PVAW
Public Utilities Commission
Private Vehicle Accessway
CSAC California State Association of Counties PWC Public Works Contract CTC California Transportation Commission RFP Request for Proposals dB Decibel RFQ Request for Qualifications
DEIR Draft Environmental Impact Report RHNA Regional Housing Needs Allocation DU/AC Dwelling Units per Acre ROP Regional Occupational Program EBCE East Bay Community Energy RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET Southern Alameda County Narcotics Enforcement Task Force
EDAC Economic Development Advisory
Commission (City)
STIP State Transportation Improvement
Program
EIR Environmental Impact Report (CEQA) TCRDF Tri-Cities Recycling and Disposal Facility EIS Environmental Impact Statement TOD Transit Oriented Development

EVAW
(NEPA)
Emergency Vehicle Accessway
TS/MRF Transfer Station/Materials Recovery
Facility
FAR Floor Area Ratio UBC See CBC
FEMA Federal Emergency Management Agency VMT Vehicle Miles Travelled FFD Fremont Fire Department VTA Santa Clara Valley Transportation FMC Fremont Municipal Code Authority
FPD Fremont Police Department WMA Waste Management Authority FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment GIS Geographic Information System
GPA General Plan Amendment

June 9, 2026 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
June 9, 2026 7:00 p.m. City Council Meeting Council Chambers June 16, 2026 7:00 p.m. City Council Meeting Council Chambers June 23, 2026 No meetings
June 30, 2026 No meetings (5th
Tuesday)
July 7, 2026 7:00 p.m. City Council Meeting Council Chambers July 14, 2026 7:00 p.m. City Council Meeting Council Chambers July 21, 2026 7:00 p.m. City Council Meeting Council Chambers July 28, 2026 No meetings
August Recess – No City Council Meetings
September 1, 2026 7:00 p.m. City Council Meeting Council Chambers September 8, 2026 7:00 p.m. City Council Meeting Council Chambers September 15, 2026 7:00 p.m. City Council Meeting Council Chambers September 22, 2026 5:30 p.m. CC/FUSD Liaison
Committee Meeting District Hosts
September 29, 2026 No meetings (5th
Tuesday)
October 5, 2026 5:30 p.m. CC/FUSD
Joint Meeting Council Chambers
October 6, 2026 7:00 p.m. City Council Meeting Council Chambers October 13, 2026 7:00 p.m. City Council Meeting Council Chambers October 20, 2026 7:00 p.m. City Council Meeting Council Chambers November 3, 2026 7:00 p.m. City Council Meeting Council Chambers

Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Elections

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5734) DOC ID: 5734
Updated: 6/5/2026 11:15 AM by Alberto Quintanilla Page 1 Calling of Election 2026 - Adopt a Resolution Calling and Consolidating the 2026 November Election
Contact Persons:

Name: Alberto Quintanilla Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4009 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont holds its general municipal election on the same day as the statewide general election, which is the first Tuesday after the first Monday in November of each even-numbered year.

This year the election will be held on November 3, 2026. The District No. 2 (four-year term), District No. 3 (four-year term), and District No. 4 (four- year term) Council seats will be placed on the ballot. The following item requests that the City Council adopt a resolution to call and consolidate the election with the County of Alameda.

Background: State Election law provides that the governing body of a City may, by resolution, request the Board of Supervisors of the County to permit the County elections official (the Registrar of Voters) to render specified services to the City relating to the conduct of an election. The City of Fremont consolidates its election with the Alameda County statewide election, and the Alameda County Registrar of Voters will be asked to conduct the election on behalf of the City of Fremont as is consistent with our historical and ongoing practice and procedures.

Discussion/Analysis: Staff is requesting City Council consideration of a resolution for the administration of the General Municipal Consolidated Election. Once adopted, the resolution will be forwarded to the Clerk of the Board of Supervisors for the Board’s approval, with a copy to the Registrar of Voters. The elements of the resolution include the following:

The official calling of the election
The California Elections Code provides that the City Council shall call and order a General Municipal Election for the purpose of electing a District No. 2 Councilmember, a District No. 3 Councilmember, and a District No. 4 Councilmember of the City Council for the full term of four years.

2.C
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Council Staff Report (ID # 5734) Meeting of June 9, 2026 Updated: 6/5/2026 11:15 AM by Alberto Quintanilla Page 2 Requesting the services of the Alameda County Board of Supervisors and Registrar of Voters to conduct the election on behalf of the City of Fremont
The Elections Code provides that the City Council may, by resolution, request that the Board of Supervisors of the County permit the county elections official to render specified services to the City for the conduct of an election, and that the City will reimburse the County for services performed.

Establishing the procedures in the event of a tie vote for the elected office positions
The Elections Code provides that a special runoff election may be held for resolving a tie vote, provided that the City Council adopts the provisions for a special runoff election prior to the conduct of the election resulting in the tie vote. The Council has historically adopted this option in the event of a tie vote, and staff is recommending this provision. In lieu of this option, the only other provision for resolving a tie is for the Secretary of State to determine the winner by lot.

Determining the number of words permitted for the
candidate statement
The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the municipal election and to provide the estimate of the costs of such statement. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words or 400 words about the candidate’s education and qualifications as expressed by the candidate. A 200-word statement will be a one-half sheet in the voter sample ballot.

Historically, the City of Fremont selects the 200-word limit for a candidate statement, and staff recommends using the 200-word limit for this election.

The candidate is required to pay for the costs of printing, translating and mailing the candidate statement and is required to make a deposit at the time his/her nomination papers are filed. Staff is recommending a deposit in the amount of $1,000 to cover estimated costs related to a 200-word candidate statement for the November 3, 2026, election. The candidates shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Alameda County Registrar of Voters. If the City Council decides to approve an increase to a 400-word count statement, that would increase the cost to each candidate.

2.C
Packet Pg. 14
Council Staff Report (ID # 5734) Meeting of June 9, 2026 Updated: 6/5/2026 11:15 AM by Alberto Quintanilla Page 3 Determining whether rebuttal arguments to the Argument in Favor and the Argument in Opposition, which appear in the Voters Sample Ballot, will be permitted for each ballot measure
For each ballot measure question, the Elections Code provides the opportunity for arguments in favor and arguments in opposition to be included as a part of the Sample Ballot. The argument statements may not exceed 300 words. In addition, the Elections Code authorizes the City Council to decide whether or not to allow rebuttal statements to the arguments in favor and the arguments in opposition. The rebuttals may not exceed 250 words, and the filing deadline is 10 days after the filing of the arguments. The City Council has historically permitted rebuttals to the arguments, and staff recommends that the City Council permit rebuttals to the arguments for any November 3, 2026, election ballot measure.

Fiscal Impact: The FY 2026/27 Proposed Operating Budget includes an appropriation of $369,408 based on the three District elections. The Registrar’s preliminary cost estimate for election services is between $5.00 and $7.00 per registered voter for a Countywide Consolidated Election. Costs fluctuate based on the number of jurisdictions that share the ballot with the City of Fremont. At the time of writing this staff report, the Alameda County Registrar of Voters is unable to ascertain how many jurisdictions will share in the cost of the November 3, 2026, ballot, which is the reason for the high preliminary cost estimate.

ATTACHMENTS:
• DRAFT RESOLUTION_CALLING FOR THE 2026 ELECTION

Recommendation: Adopt a resolution that:

1. Calls for the General Municipal Election.

2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.

3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 3, 2026, election.

5. Allows for rebuttals for the arguments in favor and the arguments in opposition for any potential ballot measure.

2.C
Packet Pg. 15

Page 1 of 3 ends

DRAFT

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT, CALIFORNIA, CALLING AND GIVING NOTICE OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS;

REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS

TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 20 26, WITH THE GENERAL

ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS
CODE SECTION 10002 , AND REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTERS; E STABLISHING REGULATIONS FOR
CANDIDATE STATEMENTS ON THE SAMPLE BALLOT ; PROVIDING

FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR
ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE; AND

PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR

ALL BALLOT MEASURES, AS REQUIRED BY THE PROVISIONS OF

THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES___________________________________________

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026 for the election of Municipal Officers; and

WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election of officers of the two elections be the same, and that the Registrar of Voters of the County of Alameda canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and

WHEREAS, Section 13307 of the Elections Code of the State of California (“Elections Code”) provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement; and

WHEREAS, Section 15651 of the Elections Code authorizes the City Council to adopt provisions to require the conduct of a special runoff election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office; and

WHEREAS, Section 9285 of the Elections Code authorizes the City Council to adopt, by majority vote, provisions to provide for the filing of rebuttal arguments for ballot measures submitted at municipal elections.

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Attachment: DRAFT RESOLUTION_CALLING FOR THE 2026 ELECTION (5734 : Calling of Election 2026)

Page 2 of 3 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT, CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Fremont, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing the following members of the City Council: one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the full terms of four years.

SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to procure all official notices and printed matter necessary to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That pursuant to the requirements of Section 10002 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Election on Tuesday, November 3, 2026, for the purpose of the election of the following members of the City Council:
one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the full terms of four years.

SECTION 8. That the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.

SECTION 9. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 10. That the City of Fremont recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County based on the County’s established consolidation rate.

SECTION 11. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 3, 2026, may prepare a candidate statement on an appropriate form provided by the elections official. The

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Attachment: DRAFT RESOLUTION_CALLING FOR THE 2026 ELECTION (5734 : Calling of Election 2026)

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statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate’s education and qualifications expressed by the candidate himself or herself.

SECTION 12. The candidate shall be required to pay for the cost of printing, translating and mailing the candidate statement, and shall make a deposit of $1,000.00 at the time his/her nomination papers are filed. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Alameda County Registrar of Voters.

SECTION 13. That pursuant to Elections Code Section 15651(b), if any two or more persons receive an equal number of votes and the highest number of votes for an office to be voted within the City, there shall be held within the City a special runoff election to resolve the tie vote. A special runoff election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative certification of the election which resulted in a tie vote.

SECTION 14. That pursuant to, and in accordance with, Elections Code Section 9285, the City Council will permit the filing of rebuttal arguments not exceeding 250 words for ballot measures and initiatives submitted at the general municipal election.

SECTION 15. That this resolution shall apply only to the election to be held on Tuesday, November 3, 2026.

SECTION 16. That the City Clerk shall certify the passage and adoption of this Resolution and file a certified copy of this Resolution with the county election department of Alameda County.

ADOPTED, _________, 2026 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: DRAFT RESOLUTION_CALLING FOR THE 2026 ELECTION (5734 : Calling of Election 2026) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5744) DOC ID: 5744
Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 1 Senate Bill 707 Outreach Efforts - Adoption of Resolution Determining Reasonable Efforts to Encourage Public Participation in Meetings Pursuant to Government Code § 54953.4
Contact Persons:

Name: Alberto Quintanilla Geneva Bosques
Title: City Clerk Director of Communications and
Legislative Affairs
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4009 510-284-4094
E-Mail: [email protected] [email protected]

Executive Summary: Senate Bill 707 (2025) amended the Ralph M. Brown Act to require local agencies to make reasonable efforts to encourage public participation in meetings, particularly among communities that have not traditionally participated and among non-English-speaking communities.

Government Code § 54953.4(b)(3)(C) further requires the legislative body to formally determine what constitutes those reasonable efforts.

City staff seek to ensure that diverse Fremont communities can access City Council and Council Committee agendas in the language they are most comfortable with, recognizing that even those who use English may prefer engaging with their local government in their native language.

The proposed resolution fulfills the statutory requirement and identifies the City’s outreach practices to promote participation, transparency and engagement.

Background: The Ralph M. Brown Act establishes the framework for open and public meetings for local legislative bodies. Senate Bill 707 expanded these requirements to improve access and participation, especially for underrepresented communities. Government Code § 54953.4(b)(3)(C) requires the City Council to identify and determine reasonable efforts to encourage such participation.

The City uses a wide range of communications tools to share information with the public, including platforms and practices designed to support language access. Additionally, the City’s website utilizes a language access translation feature that allows users to view content in multiple languages.

Adoption of the resolution formally acknowledges these communication

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Council Staff Report (ID # 5744) Meeting of June 9, 2026 Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 2 strategies and reinforces the City's commitment to making reasonable, proactive efforts to broaden participation and enhance access for underrepresented communities.

Discussion/Analysis: The resolution identifies a range of outreach practices that constitute reasonable efforts to encourage participation. These practices are broad by design, recognizing that communication methods and tools public expectations, and community needs evolve over time.

Key components include:

1. Language Access for City Council Meetings Webpage
The City will create a new language access webpage on the City’s website providing instructions detailing how members of the Fremont community can access City Council agendas and materials in the language they are comfortable using.

2. Council Meetings; Electronic Access, Viewing and Agenda Subscriptions
The City will continue to maintain electronic access to agendas and meeting materials through the City website and provide subscription-based notifications for public convenience. The City will provide real-time translated closed captioning during live meetings via the City’s video conferencing system used for virtual meetings, with a full transcript available at the conclusion of each meeting.

3. Use of Existing Communication Channels
Outreach may include the City website, newsletters (print and digital), social media, bulletin boards, public counters, community meetings, and other established communication methods.

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Council Staff Report (ID # 5744) Meeting of June 9, 2026 Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 3

4. Flexible and Evolving Framework
The resolution clarifies that these practices form a flexible framework and may be modified over time based on available resources, changing technology, and evolving community needs.

5. No Requirement to Notify Any Specific Group
In accordance with Government Code § 54953.4(b)(3)(C)(ii), the resolution reiterates that no action arises from failing to notify any particular group, ensuring City discretion in implementing outreach practices.

Overall, the resolution documents compliance with SB 707 and formalizes public outreach methods that align with the City’s ongoing commitment to transparency and equitable access to government.

Fiscal Impact: Adoption of the resolution is not expected to result in significant additional costs. Existing communication channels and outreach practices are already in place, and any enhanced or multilingual communication efforts will be implemented as resources allow.

Environmental Review: This item does not constitute a project under CEQA Guidelines § 15378, and no environmental review is required under CEQA Guidelines § 15060(c)(3).

ATTACHMENTS:
• SB 707 Public Participation Outreach Resolution

Recommendation: Adopt a resolution determining reasonable efforts to encourage public participation in meetings pursuant to Government Code § 54953.4.

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Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

DETERMINING REASONABLE EFFORTS TO ENCOURAGE PUBLIC

PARTICIPATION IN MEETINGS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54953.4

WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and

WHEREAS, Senate Bill 707 (2025) amended the Brown Act to include additional requirements intended to encourage participation in public meetings, particularly among communities that do not traditionally participate in public meetings and non-English-speaking communities; and

WHEREAS, Government Code § 54953.4(b)(3)(C) requires the City Council to determine and make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings; and

WHEREAS, such reasonable outreach efforts may include the City website, newsletters (print and digital), social media, bulletin boards, public counters, community meetings, and other established communication methods; and

WHEREAS, Government Code § 54953.4 provides legislative bodies with broad discretion in determining appropriate reasonable efforts and clarifies that no action shall arise from failing to provide notice to any specific group; and

WHEREAS, the City of Fremont (City) is committed to promoting transparency, accessibility, and broad public participation in its public meetings; and

WHEREAS, the City currently uses a variety of communication methods to inform the public of meetings and opportunities to participate; and

WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont as follows:

Section 1. Determination of Reasonable Efforts. The City Council determines the following to constitute reasonable efforts to encourage participation in meetings pursuant to Government Code § 54953.4(b)(3)(C):

1. Language Access for City Council Meetings Webpage
The City will create a new language access webpage on the City’s website providing instructions on how all members of the Fremont community can access City Council agendas and materials in the language they are comfortable using.

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Attachment: SB 707 Public Participation Outreach Resolution (5744 : Senate Bill 707 Outreach Efforts) Resolution 2026-XX Page 2 of 3

2. Council Meetings; Electronic Access, Viewing and Agenda Subscriptions The City will continue to maintain electronic access to agendas and meeting materials through the City website and provide subscription-based notifications for public convenience. The City will provide real-time translated closed captioning during live meetings via the City’s video conferencing system used for virtual meetings, with a full transcript available at the conclusion of each meeting.

4. Flexible and Evolving Framework
The practices set forth in this Resolution form a flexible framework and may be modified over time based on available resources, changing technology, and evolving community needs.

5. No Requirement to Notify Any Specific Group
In accordance with Government Code § 54953.4(b)(3)(C)(ii), this Resolution reiterates that no action arises from failing to notify any particular group, ensuring City discretion in implementing outreach practices.

This Resolution documents compliance with SB 707 and formalizes public outreach methods that align with the City’s ongoing commitment to transparency and equitable access to government.

Section 2. Flexible Framework. The efforts identified in this Resolution are intended to provide a flexible framework for outreach and public participation. The City may modify, expand, or adjust its outreach methods over time based on available resources, evolving communication practi ces, changes in technology, and the needs of the community.

ADOPTED __________, 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: SB 707 Public Participation Outreach Resolution (5744 : Senate Bill 707 Outreach Efforts) Resolution 2026-XX Page 3 of 3

________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ________________________________ City Clerk City Attorney

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Attachment: SB 707 Public Participation Outreach Resolution (5744 : Senate Bill 707 Outreach Efforts) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5742) DOC ID: 5742
Updated: 6/5/2026 11:19 AM by Alberto Quintanilla Page 1 Osgood Road Family Apartments Loan Extension – Adopt a Resolution Authorizing the City Manager to Extend the Term of the Existing City Loan Agreement with MP Irvington LLC, an Affiliate of MidPen Housing Corporation Contact Persons:

Name: Lucia Hughes Joel Pullen
Title: Housing Manager Community Development Director
Div/Dept: Housing Community Development
Phone: 510-494-4506 510-494-4436
E-Mail: [email protected] [email protected]

Executive Summary: MidPen Housing Corporation (MidPen), a non-profit housing organization, is the developer of Osgood Family Apartments affordable housing project located at 41965 and 42021 Osgood Road owned by its affiliate MP Irvington LLC (the Borrower). The City received a request from MidPen to extend the term of the acquisition and pre-development loan agreement with the City to allow for additional time to secure sufficient financing for the project, which MidPen plans to construct in two phases.

Staff is seeking City Council approval 1) to amend the loan agreement in order to clarify that the project will proceed in two phases with distinct performance timelines; and 2) to extend the loan term for the project.

Background: On November 2, 2021, as part of the Notice of Funding Availability (NOFA) process, the City Council approved an acquisition and pre-development loan of $14 million to MidPen for the Osgood Road Family Apartments affordable housing project. The loan agreement was structured as one project, with an initial loan term of three years, which expired on June 30, 2025, the latest start date for construction. The agreement provided for two extension options of 180-days each, which the City granted by operating memorandum, extending the term to June 26, 2026. Due to continuing funding challenges, MidPen needs to further extend the City’s loan, which cannot be granted administratively. Staff is seeking Council approval to extend the loan term to June 30, 2028, with a 180-day period to be issued administratively for Phase 1, if needed, and an additional 180-day period thereafter (to June 30, 2029) for Phase 2.

Discussion/Analysis: Following extensive planning, community outreach, and conceptual design work, the project was officially entitled on August 27, 2024. It will proceed as a two-phased development, with Phase 1 including

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Council Staff Report (ID # 5742) Meeting of June 9, 2026 Updated: 6/5/2026 11:19 AM by Alberto Quintanilla Page 2 119 units and Phase 2 providing 110 units. In total, the development will offer 229 affordable apartments, consisting of 1-, 2-, and 3-bedroom options. These units are designated for eligible families earning between 30% and 60% of the Area Median Income (AMI).

The predevelopment period for the project has been prolonged because of the highly constrained and competitive affordable housing funding environment, especially for projects serving households with incomes at or below 60% of AMI.

Since securing entitlements, in the period between 2024 and 2026, MidPen evaluated multiple financial options. MidPen’s original financing plan identified the Affordable Housing and Sustainable Communities (AHSC) program as a prime financing path based on the planned Irvington BART station. With the delay of the Irvington BART station, this funding program has not been feasible. In addition to AHSC, the Multifamily Housing Program (MHP) was identified as a potential source of funding. The MHP focuses on supporting deeply affordable units, particularly those intended for individuals who were formerly homeless. A key requirement for these units is access to adequate operating funding, with project-based vouchers as the primary mechanism to ensure financial viability. Unfortunately, the unavailability of the vouchers means that sufficient operating funds cannot be secured, making it impossible to utilize MHP funding for the project at this time.

Historically, State affordable housing investments have been fragmented across multiple agencies, resulting in lengthy delays between initial funding awards and subsequent tax credit or bond awards. Developers have had to submit multiple applications to different sources to sufficiently fund projects.

To address inefficiencies, streamline processes and reduce costs, on July 1, 2026, the State will launch its first standalone housing agency, the California Housing and Homelessness Agency. With this reorganization, the State will create a new finance committee, the Housing Development Finance Committee (HDFC), to administer all multifamily affordable housing subsidy programs under the Governor’s control and the 4% Low Income Housing Tax Credit (LIHTC) and tax-exempt volume capped bond debt will be automatically available to projects that received an award from HDFC. As a result of these changes, there will be a single application process to obtain affordable housing funding.

Despite these positive changes, implementation will require time. The earliest round of applications for State tax credits and bonds through HDFC

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Council Staff Report (ID # 5742) Meeting of June 9, 2026 Updated: 6/5/2026 11:19 AM by Alberto Quintanilla Page 3 is anticipated to occur in mid-2027, with funding awards expected in Fall 2027. If MidPen is successful in securing funding, construction of the first phase of Osgood Family Apartments could begin in early 2028. If the initial application round is unsuccessful, MidPen plans to reapply during the next round in 2028, potentially receiving funding and commencing construction by late 2028. Once the first phase of the project is underway, it is expected that the second phase will follow soon after, with a targeted start date of June 2029.

Staff has completed the review of the documents necessary for the borrower to demonstrate that it satisfies the conditions for the loan extension, including but not limited to, a certification of no default, an updated schedule of performance, and a statement from MidPen that there is no adverse change in the financial condition of the borrower. Staff is recommending a two-year loan extension, with a new expiration date of June 30. 2028, plus one additional 180-day period to be issued administratively if needed for Phase 1 of this project, to allow for unforeseen delays to start construction.

To ensure that progress continues for both phases of the project without delay, MidPen will be actively pursuing funding for Phase 2, while the application for Phase 1 to the State is pending. When Phase 2 is ready to apply to the State for financing, the State’s single application system will have been operational for one year, eliminating any anticipated wait-time for system implementation. Accordingly, staff recommends establishing a construction start deadline of June 30, 2029, for Phase 2 of the project.

Fiscal Impact: The City Council is being asked to approve an extension of the loan term for the Osgood Family Apartments affordable housing project.

All City funding required for the project was allocated during the Council meeting held on November 2, 2021. No additional financial commitment from the City is anticipated as part of this approval.

Environmental Review: The City’s approval of the extension of loan term is exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation CEQA Guidelines Section 15061(b)(3) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The action is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly. Furthermore, the proposed project was previously found to meet the criteria in Government Code Section 65913.4, amended via Senate Bill 35, thereby making it ministerially exempt from the requirements of CEQA.

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Council Staff Report (ID # 5742) Meeting of June 9, 2026 Updated: 6/5/2026 11:19 AM by Alberto Quintanilla Page 4

ATTACHMENTS:
• Draft Resolution MidPen Loan Extension - Final

Recommendation: Adopt a resolution authorizing the City Manager or designee to amend the loan agreement and other implementing documents and take such other actions as required to clarify that the project will proceed in two phases with distinct performance timelines; and, extend the term of the acquisition and predevelopment loan agreement with MP Irvington LLC to June 30, 2028, with a 180-day period to be issued administratively for Phase 1, if needed, and an additional 180-day period thereafter (to June 30, 2029) for Phase 2.

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Resolution 2026-XX Page 1 of
3 RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AUTHORIZING THE CITY MANAGER TO AMEND AND

EXTEND THE TERM OF THE EXISTING LOAN AGREEMENT WITH

MP IRVINGTON LLC , AN AFFILIATE OF MIDPEN HOUSING

CORPORATION (MIDPEN), AND MAKING FINDINGS OF CEQA

EXEMPTION
WHEREAS, on November 2, 2021, as part of the Notice of Funding Availability (NOFA) process, the City Council approved an acquisition and pre-development loan of $14,000,000 to MidPen for the Osgood Road Family Apartments; and

WHEREAS, the initial loan term expired on June 30, 2025, the latest anticipated start date for construction, and the City extended the loan agreement for a total of 360 days by operating memorandum to June 30, 2026, as allowed per the terms of the agreement; and

WHEREAS, MidPen submitted a request to extend the term of the acquisition and pre- development loan agreement to allow for additional time to secure sufficient financing for the project; and

WHEREAS, following extensive planning, community outreach and conceptual design, the project was officially entitled on August 27, 2024; and

WHEREAS, the project will proceed as a two-phased development with Phase 1 including 119 units and Phase 2 providing 110 units, for a total of 229 units designated for eligible families earning between 30% and 60% of Area Median Income; and

WHEREAS, the predevelopment period has been prolonged because of the highly constrained and competitive affordable housing funding environment; and

WHEREAS, MidPen has evaluated multiple financial options that are currently infeasible; and

WHEREAS, the State of California is currently reorganizing the housing and homelessness funding structure to address inefficiencies, streamline procedures and reduce costs which will result in a single application process to obtain affordable housing funding; and

WHEREAS, implementation of the State’s planned changes will require time, and the earliest round of applications for State tax credits and bonds is anticipated to occur in mid- 2027, with funding awards expected in Fall 2027; and

WHEREAS, if MidPen is successful in securing funding, construction of the first phase of Osgood Family Apartments could begin in early 2028; or, if the initial application round is unsuccessful, MidPen plans to reapply during the next round in 2028, potentially commencing

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Attachment: Draft Resolution MidPen Loan Extension - Final (5742 : Osgood Road Family Apartments Loan Extension) Resolution 2026-XX Page 2 of
3 construction by late 2028; and

WHEREAS once the first phase of the project is underway, it is expected that the second phase will follow soon after, with a targeted start date of June 2029; and

WHEREAS, the borrower has submitted, and staff has reviewed, the documentation necessary to demonstrate that conditions for the loan extension are satisfied, including but not limited to, a certification of no default, an updated schedule of performance and MidPen’s statement that there is no adverse change in the financial condition of the borrower; and

WHEREAS, staff recommends a two-year loan extension for this project, with a new expiration date of June 30, 2028, plus one additional 180-day period to be issued administratively if needed for Phase 1, to allow for unforeseen delays to start construction; and to ensure that progress continues for both phases without delay, staff recommends an additional 180-day loan extension, establishing a construction start deadline of June 30, 2029 for Phase 2.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY:

1. Finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15061(b)(3) and/or 15378(b)(2), (4) and/or (5), and Section 15262 Feasibility and Planning Studies, each as a separate and independent basis, in that it is a governmental fiscal or administrative action which will have no potential to impact the environment, directly or indirectly; and furthermore, the proposed project was previously found to meet the criteria in Government Code Section 65913.4, amended via Senate Bill 35, thereby making it ministerially exempt from the requirements of CEQA; and

2. Authorizes the City Manager or designee to amend the loan agreement and other implementing documents, and take such other actions as required to extend the term of the existing City acquisition and pre- development loan with MP Irvington LLC to June 30, 2028, with a 180- day period to be issued administratively for Phase 1, if needed, and an additional 180-day period thereafter to June 30, 2029, for Phase 2.

ADOPTED , 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution MidPen Loan Extension - Final (5742 : Osgood Road Family Apartments Loan Extension) Resolution 2026-XX Page 3 of
3 Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution MidPen Loan Extension - Final (5742 : Osgood Road Family Apartments Loan Extension) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5729) DOC ID: 5729
Updated: 6/5/2026 8:55 AM by Alberto Quintanilla Page 1 City Network Infrastructure Replacement - Authorize the City Manager, or Designee, to issue a purchase order to Saitech Inc. in the amount of $348,903.88 for the purchase of Cisco C9350 network equipment.

Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services IT Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: The City standardizes with Cisco equipment for computer network infrastructure and needs to replace certain components due to aging equipment and/or because the vendor no longer supports the equipment or has issued notice of end of support. The City issued a Request for Bid on April 16, 2026, and received nineteen responses.

Staff is recommending that the City Council authorize the City Manager, or her designee, to issue a purchase order and to execute implementing documents with Saitech Inc., for the purchase of Cisco C9350 network equipment in the amount of $348,903.88.

Background: The City has standardized its network on Cisco equipment, consisting of switches, firewalls, and wireless access points. Several components are outdated and need to be replaced.

Discussion/Analysis: The Information Technology Services Department is responsible for managing the computer network infrastructure that departments use to access software applications and systems for conducting City business and communication. The typical useful life of network equipment components ranges from 5 to 10 years. The equipment scheduled for replacement at this time includes network switches for the City’s primary data center and wireless access points. The current equipment can no longer effectively and efficiently provide the network connectivity needed for City services.

On April 16, 2026, the City issued a Request for Bid (Bid# 26-027) for the purchase of Cisco C9350 network equipment. The City received a total of nineteen responses as follows:

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Council Staff Report (ID # 5729) Meeting of June 9, 2026 Updated: 6/5/2026 8:55 AM by Alberto Quintanilla Page 2 Supplier Total Bid
Saitech Inc. $348,903.88

IBOLOLA OGUN DBA ICT

RESOURCES
$373,952.26
Presidio Networked Solutions
Group, LLC
$391,874.54
GigaKOM $401,223.10
Zones, LLC $402,164.83
General Datatech, L.P. (GDT) $402,953.70
Software Information
Resource Corporation (SIRC)
$406,683.31
BLUE SOURCE GROUP INC $406,921.61
datanet IT $469,554.05
Dragonteh LLC $502,266.80
New Tech Solutions, Inc. NON-RESPONSIVE
EIDM Group, Inc. dba EIDIM
AV Technology

NON-RESPONSIVE
Axcede Corporation NON-RESPONSIVE

CAPITOL SECURE SYSTEMS
LLC

NON-RESPONSIVE
Noviant NON-RESPONSIVE

VARIEDY NON-RESPONSIVE
SmartWave Technologies
LLC

NON-RESPONSIVE
American Business Solutions,
Inc.

NON-RESPONSIVE
dataendure NON-RESPONSIVE

Saitech Inc. is the lowest responsible bidder and is a Cisco registered partner to provide the Cisco network equipment and related support.

On May 5, 2026, the City issued the intent to award a contract to Saitech Inc., in the amount of $348,903.88.

Fiscal Impact: The one-time purchase of Cisco C9350 network equipment is $348,903.88, including applicable sales tax and shipping charges. Funding for this purchase is appropriated in the Information Technology Services Capital Replacement Fund (Fund 625).

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Council Staff Report (ID # 5729) Meeting of June 9, 2026 Updated: 6/5/2026 8:55 AM by Alberto Quintanilla Page 3 Environmental Review: The proposed action is not a project under the California Environmental Quality Act (CEQA) as defined in CEQA Guidelines Section 15378(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The purchase of computer hardware and software maintenance services will clearly not have a significant effect on the environment and is not a project under CEQA.

Attachments: None.

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Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5730) DOC ID: 5730
Updated: 6/5/2026 10:43 AM by Alberto Quintanilla Page 1 FY 2026/27 Memoranda of Understanding With Alameda County Health For Medi- Cal Programs - Authorize the City Manager to Execute Memoranda of Understanding with Alameda County Health for FY 2026/27 Medi-Cal Administrative Activities and Targeted Case Management Services Contact Persons:

Name: Leticia Leyva Arquimides Caldera
Title: Management Analyst II Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2072 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: Staff recommend the City Council authorize the City Manager, or designee, to execute FY 2026/27 Memoranda of Understanding (MOUs) with Alameda County Health (ACH) to enable the City to continue receiving reimbursements through Alameda County’s Targeted Case Management (TCM) and Medi-Cal Administrative Activities (MAA) programs for eligible activities carried out by the City’s Human Services Department.

Staff anticipate receiving approximately $499,000 in reimbursements for eligible TCM activities and $1,000,000 for eligible MAA activities. Staff also recommend the City Council adopt a resolution delegating to the City Manager, Finance Director, or designees, the authority to sign, certify or execute documents on behalf of the City with respect to the MAA and TCM programs.

Background: The Medi-Cal TCM and MAA programs are both funded with Medicaid Title XIX funds administered through the federal Centers for Medicare and Medicaid Services (CMS). The California Department of Health Care Services (DHCS) oversees these programs at the state level, with each county in California designating a Local Government Agency to administer the programs locally. In Alameda County, Alameda County Health (ACH) serves as the Local Government Agency for the Medi-Cal TCM and MMA programs. The TCM and MAA programs allow service providers to receive partial federal reimbursement of local funds (i.e., City, County and/or State funds) expended on certain direct services and administrative activities necessary for the proper and efficient provision and administration of the Medi-Cal TCM and MAA programs. Funding flows from CMS through DHCS, then to ACH, and finally to the City. The City has participated in the TCM program since FY 2002/03, and the MAA program since FY 2006/07.

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Council Staff Report (ID # 5730) Meeting of June 9, 2026 Updated: 6/5/2026 10:43 AM by Alberto Quintanilla Page 2 Discussion/Analysis:

Targeted Case Management (TCM) Program: The City is reimbursed for targeted case management services provided by the Family Service Team at the Fremont Family Resource Center (FRC), as well as Older Adult Support Specialists in the Aging and Family Services Division (AFS). FRC staff work with families and individuals that fit within the TCM target population of “Individuals in Jeopardy of Negative Health or Psycho-Social Outcomes.” AFS staff works primarily with seniors that fit within the TCM target population of “Medically Fragile Individuals.”

Eligible Activities: Targeted case management services are defined as services provided to individuals in gaining access to needed medical, social, educational and other services. Services must fall under one of the following components:

1. Assessment and reassessment of individual needs

2. Development and periodic revision of a care plan

3. Referral and linkage activities

4. Monitoring and follow-up activities

Reimbursement: The TCM program reimburses the City for approximately 48% of the estimated costs associated with providing case management services to Medi-Cal eligible clients. The exact amount of funding the City receives is based on a cost report completed by the City’s Human Services Department in cooperation with the Finance Department, which includes the following:

1. An ongoing time survey of staff time spent supporting TCM activities;

2. The actual number of face-to-face encounters case managers have with Medi-Cal eligible individuals during the year; and

3. The Federal Medical Assistance Percentage (FMAP) rate.

As the City’s costs and time spent providing these services vary each year, new cost reports and an MOU must be completed for each year the City to participate in the program.

Medi-Cal Administrative Activities (MAA) Program: Many of the administrative activities carried out by the Human Services Department are eligible for reimbursement through the MAA program. These administrative

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Council Staff Report (ID # 5730) Meeting of June 9, 2026 Updated: 6/5/2026 10:43 AM by Alberto Quintanilla Page 3 activities support the provision of case management, counseling, and health promotion services in our community.

Eligible Activities: DHCS has approved the City’s four current MAA claiming plans, which describe the reimbursable activities to be carried out, the staff for whom claiming will be done, and the methodology for determining costs.

Eligible activities include the following:

1. Outreach that brings potentially Medi-Cal eligible people into the Medi- Cal system for the purpose of determining their Medi-Cal eligibility, or links Medi-Cal eligible individuals with Medi-Cal covered services;

2. Referral, Coordination and Monitoring of Medi-Cal Services;

3. Facilitating the completion of Medi-Cal applications;

4. Administering contracts for Medi-Cal services and administrative activities; and

5. Program planning and policy development with the goal of increasing the Medi-Cal system’s capacity.

Reimbursement: Participating staff will complete a MAA program time survey each month to determine the percentage of time spent on reimbursable administrative activities during FY 2026/27. At the close of FY 2026/27, ACH and City staff will use the time surveys and actual FY 2026/27 expenses to calculate the reimbursement for eligible administrative activities during the fiscal year. ACH will then submit the request for reimbursement to DHCS on the City’s behalf.

Local Public Entity Requirements: The City is recognized by DHCS as a Local Public Entity for the purposes of participating in the MAA and TCM programs. This designation allows the City to self-certify local public expenditures that support the provision of Medi-Cal programs.

Therefore, staff also recommend the City Council adopt a resolution delegating to the City Manager, Finance Director, or designees, the authority to sign, certify or execute documents on behalf of the City with respect to the Medi-Cal Administrative Activities and Targeted Case Management Programs.

Fiscal Impact: Based on revenue from prior years, for FY 2026/27 TCM activities, staff estimate that the City may be reimbursed up to a maximum of approximately $499,000, including up to $250,000 for AFS case management services and $249,000 for FRC case management services. For

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Council Staff Report (ID # 5730) Meeting of June 9, 2026 Updated: 6/5/2026 10:43 AM by Alberto Quintanilla Page 4 MAA activities, based on the most recent completed reimbursement cycle, staff anticipate receiving approximately $1,000,000 in reimbursement for eligible activities.

TCM and MAA revenues are important components of the Human Services Department’s strategy to cultivate the outside revenue sources needed to sustain safety net services and support administrative overhead costs associated with these programs. This funding is anticipated and will be appropriated as part of the FY 2026/27 adopted budget.

Environmental Review: The proposed actions are not subject to review under the California Environmental Quality Act (CEQA) because they are not a “project” under CEQA Guidelines Sections 15378(b)(2) (continuing administrative activities), (b)(4) (governmental fiscal activities), and/or (b)(5) (administrative activities), and/or under Section 15601(b)(3), because it can be seen with certainty that there is no possibility that the actions will have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS:
• Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs

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Res. 2026- Page 1 of 2
DRAFT

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM

OF UNDERSTANDING WITH ALAMEDA COUNTY HEALTH TO

ENABLE THE CITY TO RECEIVE REIMBURSEMENT FOR ELIGIBLE
FY 2026/27 EXPENSES THROUGH ALAMEDA COUNTY’S TARGETED

CASE MANAGEMENT (TCM) AND MEDI -CAL ADMINISTRATION

ACTIVITIES (MAA) PROGRAMS, AND DELEGATING TO THE CITY

MANAGER OR FINANCE DIRECTOR THE AUTHORITY TO SIGN,

CERTIFY OR EXECUTE DOCUMENTS ON BEHALF OF THE CITY

WITH RESPECT TO MAA AND TCM PROGRAM S, AND MAKING

FINDINGS OF CEQA EXEMPTION

WHEREAS, the City of Fremont (“City”) is a Medi-Cal program provider in partnership with Alameda County Health (“ACH”); and

WHEREAS, the City’s Human Services Department participates in the Medi- Cal Administrative Activities (“MAA”) program and the Targeted Case Management (“TCM”) program; and

WHEREAS, the City is designated as a Local Public Entity for purposes of its participation in the MMA and TCM programs, which allows the City to self-certify its own public expenditures; and

WHEREAS, the City is required to sign, certify and execute documents pertaining to the MAA and TCM programs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The City Council authorizes the City Manager , or designee , to execute a Memorandum of Understanding with Alameda County Health to enable the City’s Human Services Department to receive reimbursement for eligible FY 202 6/27 expenses through the TCM and MAA programs.

SECTION 2. The City Council delegates to the City Manager, Finance Director, or designees, the authority to sign, certify or execute documents on behalf of the City, with respect to the TCM and MAA programs for FY 2026/27.

SECTION 3. The City Council finds that these actions are not subject to review under the California Environmental Quality Act (CEQA) because they are not a “project” under CEQA Guidelines Sections 15378(b)(2) (continuing administrative activities), (b)(4) (governmental fiscal activities), and/or (b)(5) (administrative activities), and/or under Section 15601(b)(3),

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Attachment: Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs (5730 : Medi-Cal Reimbursement

Res. 2026- Page 2 of 2
because it can be seen with certainty that there is no possibility that the actions will have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ADOPTED _________, 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

_________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

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Attachment: Draft Resolution Medi-Cal Administrative Activities and Targeted Case Management Programs (5730 : Medi-Cal Reimbursement Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Housing
Fremont, CA 94538 Category: Affordable Housing

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5733) DOC ID: 5733
Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 1 Adopt A Resolution Approving Additional Funding For The Canvas Apartments Project – Approval of Additional Affordable Housing Funding for the Canvas Apartments Project and Making Findings of CEQA Exemption Contact Persons:

Executive Summary: Community Development Partners (CDP) currently manages the development of the Canvas Apartments project. On March 19, 2024, the City Council approved an affordable housing loan and appropriated a total of $10,000,000 for the project. The City entered into a $1,000,000 pre-development loan with CDP Site Fund LLC (Borrower), a CDP affiliate, with the expectation that once CDP could demonstrate readiness, the City and Borrower would enter into a $9,000,000 construction loan. The City recently received a request from CDP for $1,000,000 in additional funding and has confirmed the legitimate basis for the request. Staff recommends that the City Council authorize the City Manager to execute loan documents and appropriate an additional $1,000,000 for a total loan amount of $11,000,000 to the project. The additional funds will come from the Affordable Housing Development Fund 196.

Background: CDP is a privately owned affordable housing developer based in Newport Beach, California and Portland Oregon. Founded in 2011, CDP has developed over 4,800 units in five western states, including California, Oregon, Nevada, Arizona and Colorado. Canvas Apartments will be their first development in Fremont, CA.

Under the 2023 Notice of Funding Availability (NOFA), CDP proposed a 100% affordable multi-family housing development at 39340 Fremont Boulevard and requested $10,000,000 in City financial assistance for pre-development and construction. On March 19, 2024, the City Council approved an affordable housing loan and appropriated a total of $10,000,000 for the project. Subsequently, the City entered into a $1,000,000 pre-development loan with CDP Site Fund LLC (Borrower), a CDP affiliate, with the expectation that once CDP could demonstrate readiness, the City and Borrower would enter into a $9,000,000 construction loan.

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Council Staff Report (ID # 5733) Meeting of June 9, 2026 Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 2

Discussion/Analysis: The Canvas Apartments project will provide 91 new apartments for families and individuals, with one unrestricted manager’s unit (92 total). Located on Fremont Boulevard, adjacent to the Fremont Hub, the site has access to parks, shopping, schools, and other local and regional amenities. Studios, 1-, 2- and 3-bedroom units will be available in this development for people earning between 30% and 70% AMI.

The costs of the project total approximately $52 Million. A large part of the project cost is proposed to be financed through multi-family housing revenue bonds, with Low Income Housing Tax Credits as another principal funding source. Construction financing will also include the following funding sources: City of Fremont, State Department of Developmental Services, Developer’s Contribution, hard debt, and Equity.

The project received Tax Credit and Bond commitments in December 2025, which stipulated a construction start date in June 2026. However, the project is facing a financing gap estimated at $2,100,000. The shortfall is primarily due to the significant shifts in the affordable housing financial markets: lower tax credit equity pricing, higher interest rates and increased reliance on debt financing. Furthermore, CDP proposed several financing sources in the NOFA proposal that were not available after changes in regulations, such as eliminated solar tax credits, HUD funded project-based vouchers and California Infill Infrastructure Grants. CDP worked closely with their financing partners to further reduce the funding gap through several measures, including contributing developer-funded General Partner equity during construction, using income received prior to permanent conversion as an anticipated source, pursuing increased tax credit pricing, and value engineering to reduce costs. Through these efforts, CDP was able to limit the additional funding request to the City to $1,000,000. The $1,000,000 loan increase will support the long-term financial feasibility of the project.

In May, CDP formally submitted a request for additional funding to the City.

This submission included a revised financial proposal, detailed Uses and Sources of funds, and other supporting documents as part of their request for additional funding. The documents were carefully reviewed and analyzed by the City’s financial consultant, Mosaic Urban Development, a firm that specializes in affordable housing finance. The consultant has determined that the project is facing a funding gap and considered that the additional loan of $1,000,000 was reasonable.

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Council Staff Report (ID # 5733) Meeting of June 9, 2026 Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 3 Staff recommends the City Council approve additional funding in the amount of $1,000,000 for the Canvas Apartments affordable housing development.

There is sufficient funding available in the Affordable Housing Fund (Fund 196) for this action. It would bring the City’s total contribution to $11,000,000. This equates to a local subsidy of $119,565 per unit. The per unit subsidy amount is considered to be at the lower end of the range when compared to similar affordable housing developments in the Bay Area. To reduce the risk of cost overruns within the City’s control, staff will undertake rigorous oversight measures throughout the project’s duration. These measures include participation in construction-related calls, ongoing review of the project’s financials, and consistent monitoring of progress. This approach is designed to safeguard the City’s investment and support the successful completion of the Canvas Apartments affordable housing development.

Fiscal Impact: There are sufficient funds available for this appropriation in the Affordable Housing In-Lieu Fee Fund (Fund 196).

Environmental Review: The Canvas Apartments affordable housing development project satisfied all the eligibility requirements to qualify for processing under Government Code section 65583.2(c), commonly known as Assembly Bill (AB) 1397. Accordingly, pursuant to AB 1397, the project was subject to ministerial review and then approved on December 4th, 2025. The project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 15268 and 15369 (ministerial project) and was classified as "not a project" under CEQA. The proposed additional funding for the project and loan agreement are exempt from CEQA as it does not constitute a project within the meaning of CEQA, without limitations, in accordance with CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis.

ATTACHMENTS:
• Draft Resolution-CDP Additional Funding Final

Recommendation:

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Council Staff Report (ID # 5733) Meeting of June 9, 2026 Updated: 6/5/2026 11:16 AM by Alberto Quintanilla Page 4

2. Appropriate $1,000,000 from Fund 196 (Affordable Housing Development Fund) for the Canvas Apartments project.

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Resolution 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO AMEND THE

EXISTING LOAN DOCUMENTS WITH COMMUNITY DEVELOPMENT

PARTNERS (CDP) FOR THE CANVAS APARTMENTS PROJECT TO ADD $1,000,000 IN FUNDING FOR THE PROJECT AND TAKE OTHER SUCH

ACTIONS AS REQUIRED TO INCREASE THE TOTAL LOAN AMOUNT
TO $1 1,000,000, APPROPRIATING $1,000,000 FROM FUND 196 (AFFORDABLE HOUSING DEVELOPMENT FUND), AND MAKING

FINDINGS OF CEQA EXEMPTION
WHEREAS, under the 2023 Notice of Funding Availability (NOFA), Community Development Partners (CDP) proposed a 100% affordable multi-family housing development at 39340 Fremont Boulevard, and requested $10,000,000 in City financial assistance; and WHEREAS, on March 19, 2024, the City Council approved an affordable housing loan and appropriated $10,000,000 for the project now known as Canvas Apartments; and

WHEREAS, the City subsequently entered into a $1,000,000 pre-development loan with CDP Site Fund LLC (Borrower), a CDP affiliate, with the expectation that once CDP could demonstrate readiness, the City and Borrower would enter into a $9,000,000 construction loan; and

WHEREAS, the costs of the project total approximately $52 million which, in addition to the City’s affordable housing loan, is proposed to be financed largely through multi-family housing revenue bonds and Low-Income Housing Tax Credits (LIHTC) awarded in December 2025; and

WHEREAS, in May 2026, the City received a request from CDP for an additional $1,000,000 funding due to a financing gap primarily due to significant shifts in the affordable housing financial markets, including lower tax credit equity pricing, higher interest rates and increasing reliance on debt financing; and

WHEREAS, CDP submitted its revised financial proposal, detailed Sources and Uses of funds, and other supporting documents, which were reviewed and analyzed by the City’s affordable housing financial consultant; and

WHEREAS, the financial consultant affirmed that the project is facing a funding gap and considered that the additional loan of $1,000,000 is reasonable; and

WHEREAS, staff recommends the City Council approve additional funding in the amount of $1,000,000 for the Canvas Apartments affordable housing project; and

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Attachment: Draft Resolution-CDP Additional Funding Final (5733 : Adopt A Resolution Approving Additional Funding For The Canvas Resolution 2026-XX Page 2 of 3
WHEREAS, there is sufficient funding available in the Affordable Housing Fund (Fund 196) for this action.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY:

1. Authorizes the City Manager or designee to amend the existing loan agreement and other implementing documents to add $1,000,000 in funding to the project and take such other actions as required to increase the total loan amount to $11,000,000, to Community Development Partners for the Canvas Apartments project.

2. Appropriates $1,000,000 from Fund 196 (Affordable Housing Development Fund).

3. Finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Sections 15268 and 15369 (ministerial project). Further, the proposed additional funding for the project and loan agreement are exempt from CEQA as it does not constitute a project within the meaning of CEQA, without limitations, in accordance with CEQA Guidelines Section 15378(b)(2), (4) and/or (5) and/or 15061(b)(3), each as a separate and independent basis, in that it is an administrative or fiscal activity of the City which has no potential, directly or indirectly, to cause a significant effect on the environment.

ADOPTED , 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution-CDP Additional Funding Final (5733 : Adopt A Resolution Approving Additional Funding For The Canvas Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5735) DOC ID: 5735
Updated: 6/5/2026 11:17 AM by Alberto Quintanilla Page 1 Veterinary Care and Spay/Neuter Services - Authorize the City Manager, or her Designee to increase the Purchase Order with Aborn Veterinary Hospital for an additional $81,000 for a total not to exceed amount of $280,000 for Animals at Tri- City Animal Shelter
Contact Persons:

Name: Shawn Decker Diane Brasil
Title: Police Lieutenant Police Business Manager
Div/Dept: Police Department Police Department
Phone: (510) 896-9592 510-790-6816
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to recommend that the City Council authorize the City Manager, or designee, to increase the existing purchase order with Aborn Veterinary Hospital to provide veterinary care, including spay/neuter services, for animals impounded at the Tri-City Animal Shelter. Aborn is a critical third party resource as the only veterinary provider in Fremont able to accommodate urgent same day cases for diagnosis, treatment, and surgery.

Background: California law requires that all animals in public shelters receive necessary veterinary care, including diagnosis, treatment, and surgery, and that all animals leaving shelters be sterilized. Fremont Municipal Code further mandates sterilization for dogs impounded more than once.

Discussion/Analysis: The City has actively recruited for a full-time veterinarian and veterinary technician for approximately two years, and has finally identified a veterinarian candidate, who is currently in the final stages of the hiring process. While many of these services will now be performed in-house, Aborn Veterinary Hospital will continue to be an important third- party option for supplemental service when demand is high. Aborn is uniquely positioned to meet these needs immediately, providing same-day care for urgent cases, routine spay/neuter procedures, and convenient proximity to the shelter.

Aborn Veterinary Hospital provides same-day care for urgent cases and routine spay/neuter procedures. They also offer the City a reduced “rescue” rate, helping to manage costs. This partnership ensures compliance with

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Council Staff Report (ID # 5735) Meeting of June 9, 2026 Updated: 6/5/2026 11:17 AM by Alberto Quintanilla Page 2 state and local law and is critical to maintaining animal health, public safety, and effective shelter operations.

Fiscal Impact: The proposal is to increase the purchase order by $81,000, for a total amount of $280,000 for the remainder of Fiscal Year 2025/26.

The increase will be funded by the Animal Services operating budget. This expenditure is within the current fiscal year budget and ensures compliance with State and local law while maintaining humane, safe, and efficient animal care services.

Environmental Review: The proposed action is exempt from and not subject to review under the California Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

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Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5738) DOC ID: 5738
Updated: 6/5/2026 9:06 AM by Alberto Quintanilla Page 1 Service Agreement for Printing and Delivery of the City of Fremont Newsletter - Authorize the City Manager to Execute an Agreement with FolgerGraphics, Inc., for the printing and delivery of the City of Fremont newsletter, in an amount not to exceed $263,960 for a 5-year term.

Contact Persons:

Name: Cheryl Golden Anthony Choi
Title: Communications Manager Management Analyst I
Div/Dept: City Manager's Office City Manager's Office
Phone: 510-284-4025 (510) 284-4015
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve and authorize the City Manager to execute a service agreement for printing and delivery of the City of Fremont newsletter with FolgerGraphics, Inc., for a five-year term beginning July 1, 2026, which includes a base 3-year term and two 1-year extension options and accounts for Consumer Price Index (CPI) adjustments. The total not-to-exceed compensation amount will be $263,960.

Background: The City Manager’s Office produces a printed City Newsletter, titled “City News,” that is delivered to all Fremont households to keep residents informed about what programs, services, and events are offered throughout the year. This newsletter is typically published and distributed, but not limited to, three to four times per fiscal year. Each newsletter ranges from 4 to 16 pages, and approximately 85,000 copies are printed per cycle and mailed or distributed at City facilities.

Discussion/Analysis: A Request for Proposals (RFP #26-019) for printing and delivery of the City of Fremont Newsletter was published on March 24, 2026. On April 24, 2026, the City received one proposal in response to RFP #26-019. The sole proposal the City received was from FolgerGraphics, Inc.

The City staff reviewed the information provided by the proposer, including its responses to the inquiries in the RFP with regard to the scope of services, costs/billing rates, and printing and delivery timelines. Upon review, the City staff determined that the proposer, FolgerGraphics, Inc., satisfied the City’s requirements listed in RFP #26-019 for services to be rendered. As a result, the City staff concluded that FolgerGraphics, Inc., is the only qualified responder.

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Council Staff Report (ID # 5738) Meeting of June 9, 2026 Updated: 6/5/2026 9:06 AM by Alberto Quintanilla Page 2 The proposed term of the agreement is for July 1, 2026, to June 30, 2031, approximately 5 years total, inclusive of two 1-year extension options and Consumer Price Index adjustments. The CPI adjustment applies to service costs after year one at 4% each year until the end of the proposed term.

Upon execution, the total not-to-exceed compensation amount will be $263,960.

The specified total not-to-exceed amount would allow the City to produce up to three issues of the City of Fremont newsletter per year, with up to 16 pages per issue for a quantity range of 85,000 to 89,000 newsletters being produced. The postage is to be paid by the City.

The breakdown of cost is as follows:

• Total Cost:
o Year One Cost Range - $46,785 to $48,735
o Five Year Cost Range - $253,400 to $263,960
• Breakdown of the total cost by five fiscal years, plus CPI adjustments:
o Year One Cost Range: $46,785 to $48,735
o Year Two Cost Range: $48,656 to $50,684 (4% CPI)
o Year Three Cost Range: $50,602 to $52,711 (4% CPI)
o Year Four Cost Range: $52,626 to $54,819 (4% CPI)
o Year Five Cost Range: $54,731 to $57,011 (4% CPI)
• Cost for 3 years only: $146,043 to $152,130
• Cost for 2 one-year extension options: $107,357 to $111,830

Should the City plan to produce a fourth newsletter within a given fiscal year, the City staff will adjust the number of pages to fit the cost within the total dollar amount allocated for that fiscal year.

Fiscal Impact: The first-year funding for the printing and delivery of the City of Fremont newsletter is included in the Fiscal Year 2026/27 Proposed Operating Budget. Funding for subsequent years will be requested as part of the City’s annual budget process.

Environmental Review: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines

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Council Staff Report (ID # 5738) Meeting of June 9, 2026 Updated: 6/5/2026 9:06 AM by Alberto Quintanilla Page 3 Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

Attachments: None.

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Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5739) DOC ID: 5739
Updated: 6/5/2026 11:18 AM by Alberto Quintanilla Page 1 Alameda County Housing Community Supports - Authorize the City Manager to Execute a Fourth Amendment with Alameda County for City to Provide Housing Transition Navigation and Housing Tenancy and Sustaining Services Contact Persons:

Name: Alina Kwak Arquimides Caldera
Title: Family Resource Center
Administrator
Human Services Director
Div/Dept: Human Services Department
Phone: 510-574-2004 510-574-2056
E-Mail: [email protected] [email protected]

Executive Summary: Medi-Cal, California’s Medicaid health care program for children and adults, is currently undergoing a transformative system change to enable it to work more seamlessly with other social services. This system transformation is known as California Advancing and Innovating Medi-Cal (CalAIM).

As part of CalAIM, Alameda County, through its Health Department (ACH), has currently contracted with the City to provide homeless individuals and families with Housing Community Supports, including Housing Transition Navigation Services, Tenancy Sustaining Services and one-time rental deposits through June 30, 2026.

To allow the City to continue providing these services in FY 2026/27, City staff recommends that the City Council authorize the City Manager, or designee, to execute a Fourth Amendment with Alameda County in an amount not to exceed $912,685.

Background: Medi-Cal is California’s Medicaid health care program, which pays for services for children and adults with limited income and resources.

Currently, the Medi-Cal program is undergoing a transformative system change to CalAIM, with the goal of:

• Improving population health using a whole person care model and social determinants of health;
• Reducing complexity and variation, and increasing flexibility of services across Medi-Cal; and

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Council Staff Report (ID # 5739) Meeting of June 9, 2026 Updated: 6/5/2026 11:18 AM by Alberto Quintanilla Page 2 • Improving quality outcomes, reducing health disparities, and modernizing systems through value-based initiatives and payment reform.

As part of CalAIM, Alameda County Health (ACH), through its Office of Housing and Homeless Services, has spearheaded the County’s effort to expand the Housing Community Supports project for homeless populations.

This project is funded through a combination of CalAIM funding from Alameda Alliance for Health, Kaiser Permanente, as well as additional County general funds.

The City’s Human Services Department has contracted with Alameda County (County) to provide Medi-Cal funded services to South County residents for many years, including mental health services, substance use disorder services and targeted Case Management services. Serving low-income clients will necessitate the City’s continued involvement in the CalAIM system.

The County currently contracts with providers, including the City, for Housing Community Supports (HCS), including Housing Transition Navigation Services, Tenancy and Sustaining Services, and one-time flexible Housing Deposits. These activities align with the City’s Homeless Response Plan, with the goal of decreasing overall homelessness in the community.

This contract will add critical capacity to addressing homelessness in Southern Alameda County.

The City and County initially entered into an Agreement for the City to provide HCS-related services on January 1, 2023, and the parties have since amended the Agreement each year to increase the not to exceed amount and extend the term of the Agreement. To allow the City to continue providing HCS-related services for FY 2026/27, the County wishes to enter into a Fourth Amendment to extend the term of the Agreement through June 30, 2027, in an amount not to exceed $912,685.

Discussion/Analysis:

Under the Fourth Amendment, the City will designates up to 65 client “slots” to:

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Council Staff Report (ID # 5739) Meeting of June 9, 2026 Updated: 6/5/2026 11:18 AM by Alberto Quintanilla Page 3 • Maintain combined strength-based housing transition navigation services and/or housing tenancy and sustaining services for homeless and formerly homeless individuals living in or transitioning to County designated permanent housing units, and;
• Administer one-time flexible housing deposits for consumers authorized by County to assist with costs associated with move- in expenses.

From July 1, 2026, through September 30, 2026, the County will continue the current reimbursement rate of $620 per consumer served per month but will transition beginning October 1, 2026, to a per encounter per consumer per month reimbursement rate of $207.

Term: July 1, 2026 – September 30, 2026 Term: October 1, 2026 – June 30, 2027 Per consumer structure:

• Housing Transition Navigation Services:
$620 per consumer served per
month

• Housing Tenancy and Sustaining
Services:
$620 per consumer served per
month
Per encounter structure:

• Housing Transition Navigation Services:
$207 per encounter (maximum of 3
billable encounters per consumer per
month shall be reimbursed)

• Housing Tenancy and Sustaining
Services:
$207 per encounter (maximum of 3
billable encounters per consumer per
month shall be reimbursed)

ACH has designated up to 65 client “slots” for the City with a one-time housing deposit of up to $5,000 per client with the pre-enrollment outreach fee remaining the same at $10 to $30 per encounter, depending on the length of the encounter Based on these assumptions, staff estimates an amount of $133,200 for the time periods as shown below:

July 1, 2026-September 30, 2026
Per Consumer Reimbursement Rate Structure

Rate Slots Encounters Months
Total
Amount
Services as
Needed $620 60 3

$111,600
Pre-enrollment
Outreach $20 15 3 3 $2,700

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Council Staff Report (ID # 5739) Meeting of June 9, 2026 Updated: 6/5/2026 11:18 AM by Alberto Quintanilla Page 4 Move in Assistance
Fund $5,000 15 N/A $75,000
Total: $189,300

October 1, 2026-June 30, 2027
Per Encounter Reimbursement Rate Structure

Rate Slots Encounters Months
Total
Amount
Services as
Needed $207 65 3 9

$363,285
Pre-enrollment
Outreach $20 65 3 9 $35,100
Move In Assistance
Fund $5,000 65 N/A $325,000
Total: $723,385
Overall Total July 1-June 30, 2027: $912,685

Fiscal Impact: There is no impact on the General Fund. To meet the required ratio of clients to care manager, reimbursements from the Fourth Amendment will support 2.8 full-time equivalent (FTE) Case Managers. The Fourth Amendment will also cover the cost of housing deposits, as well as internal service costs.

In anticipation of continuing to provide HCS-related services, staff included sufficient appropriations in the ACH Housing Community Supports account in the Miscellaneous Operating Grants Fund (Fund 190) as part of the FY 2026/27 Proposed Operating Budget.

Environmental Review: The proposed actions is not subject to review under the California Environmental Quality Act (CEQA) because it is not a “project” under CEQA Guidelines Sections 15378(b)(2) (continuing administrative activities), (b)(4) (governmental fiscal activities), and/or (b)(5) (administrative activities), and/or under Section 15601(b)(3), because it can be seen with certainty that there is no possibility that the actions will have a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

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Council Staff Report (ID # 5739) Meeting of June 9, 2026 Updated: 6/5/2026 11:18 AM by Alberto Quintanilla Page 5 Recommendation: Authorize the City Manager, or designee, to execute a Fourth Amendment to its Agreement with Alameda County for the City to provide Housing Transition Navigation and Housing Tenancy and Sustaining Services through June 30, 2027, in an amount not to exceed $912,685.

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Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5637) DOC ID: 5637
Updated: 6/5/2026 11:33 AM by Alberto Quintanilla Page 1 Special Event Sponsorship Program 2026/27 – Adopt resolution allocating Special Event Sponsorship Awards for FY 2026/27
Contact Persons:

Name: Amy Gee Geneva Bosques
Title: Public Affairs Manager Director of Communications and Legislative Affairs
Div/Dept: Police Department City Manager's Office
Phone: 510-790-6967 510-284-4094
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont City Council established the Special Event Sponsorship Program (SESP) in 2019 to support local community events. Staff has completed the FY 2026/27 review and award allocation process and recommends City Council approval of the sponsorship awards outlined in this report.

BACKGROUND: In FY 2025/26, the SESP budget was $350,000. After the cancellation of the 4th of July Parade, the Council awarded $319,010 for 12 events. At the time of this report, final accounting for several events held in May and June of 2025 is pending, as final reports are not yet available until the events conclude at the end of June. One planned event, Burger and Brew scheduled for late May 2026, was canceled. At this time, staff anticipates total spending of $299,290 in SESP Awards for FY 2025/26 for all executed events.

The City opened the FY 2026/27 application period in December 2025. The program remains available to established organizers of permitted events requiring City services. Applicants may request up to 50% of the event budget or the estimated cost of City services, whichever is greater. The FY 2026/27 Proposed Operating Budget includes $350,000 for SESP.

DISCUSSION/ANALYSIS: The FY 2026/27 special event sponsorship letter of intent process opened from November 20, 2025, to January 14, 2026, with the full application due on March 25, 2026. The City publicized the program online and through direct outreach, and staff held a virtual information session. General feedback from event organizers indicates that SESP funding is essential for successfully hosting community events, particularly as costs for materials, vendors, and City services continue to rise.

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Council Staff Report (ID # 5637) Meeting of June 9, 2026 Updated: 6/5/2026 11:33 AM by Alberto Quintanilla Page 2

Applications Received and Eligibility Review: The City originally received eleven eligible SESP applications by the deadline. One event, Burger and Brew, again canceled their planned event next fiscal year in 2027 and withdrew their application during the review process. Staff processed the following ten SESP applications.

1. 4th of July Parade (July 4, 2026)

2. Fremont Street Eats (Fridays from July to October 2026, and May to June 30, 2027)

3. Festival of Arts (August 1, 2026, and August 2, 2026)

4. Niles Car Shows (August 9, 2026, and May 2, 2027)

5. Festival of India (August 15, 2026, and August 16, 2026)

6. Niles Antique Fair (August 30, 2026)

7. Gurdwara Diwali and New Year’s Eve (November 8, 2026, and December 31, 2026)

8. Festival of Lights and Tree Lighting (November 27, 2026)

9. Chanukah Lighting (December 6, 2026)

10. Fremont Creates Grand Finale (April 24, 2027, and April 25, 2027)

Staff from five departments reviewed each application using a Pass/No Pass scoring system; all applications received a passing score. In consultation with the City Manager’s Office, staff recommends funding all ten events. The City will establish a sponsorship agreement with each award recipient, requiring recipients to comply with all applicable City ordinances and State and federal regulations governing special events and public gatherings.

Failure to comply with any regulations may result in revocation of the current award and eligibility for future sponsorship, and recipients may be subject to fines or other appropriate actions.

Sponsorship Award Allocation and Funding Recommendation: Staff calculated the estimated City service cost for each eligible event and used that as a guide for award allocation. Funds are allocated pro rata to each eligible applicant based on the estimated cost of City services, including, but not limited to, those provided by Community Services, Fire, Police, Maintenance Operations, and/or City-approved vendors. Using this allocation method, Staff recommends the City Council award the funding amounts shown in the Award Allocation column in the far-right table below. Based on available funding, the proposed award is anticipated to cover approximately

92.6% of the city services cost estimated for each event.

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Council Staff Report (ID # 5637) Meeting of June 9, 2026 Updated: 6/5/2026 11:33 AM by Alberto Quintanilla Page 3

Disbursement of Sponsorship Awards: The SESP is a reimbursement grant intended to cover some or all of an event's City service costs and possibly some of the event's other expenses. After the event, staff will determine the actual cost of the City services provided using the special events hourly rate schedule previously adopted by the City Council. The event's sponsorship award will be credited against the actual cost of City services, where possible. The event organizer is responsible for paying the City any actual costs in excess of the sponsorship award amount.

Event organizers have until 90 days after the event, or 30 days after final billing details from the City are available, whichever is later, to submit a final report (including a post-event evaluation, attendance estimate, and documentation of actual costs). To the extent the sponsorship award exceeds the actual cost of City services, the City will reimburse the event organizer for eligible event-related expenses, which may include City- approved third-party traffic control vendors for street closures or City facility rental fees. The combined credit for the cost of City services and reimbursement for other event-related expenses will not exceed the event's sponsorship award amount.

FISCAL IMPACT: The FY 2026/27 Proposed Operating Budget included a $350,000 General Fund allocation for the SESP.

ENVIRONMENTAL REVIEW: The Special Event Sponsorship Program, an administrative government activity, is not subject to the California Event
SESP
Award
Requested
City
Services
Cost
Estimate
Award
Allocation
1 Fremont Street Eats $30,000
$30,000
$13,200 $ 12,230
2 4th of July Parade 47,031
47,0311951
34,600 32,050
3 Festival of Arts 195,000
195,000
134,300 124,380
4 Niles Car Shows 8,000
8,000
3,400 3,150
5 Festival of India 160,000
160,000
95,000 87,980
6 Niles Antique Fair 100,000
100,000
40,300 37,320
7 Diwali Gurdwara and New
Year's Eve
12,000
12,000
9,000 8,340
8 Festival of Lights and Tree
Lighting
42,000
42,000
36,800 34,080
9 Chanukah Lighting 5,000
5,000
1,800 1,670
10 Fremont Creates Presents 10,000
10,000
9,500 8,800
Total $609,031
$639,031
$377,900 $350,000

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Council Staff Report (ID # 5637) Meeting of June 9, 2026 Updated: 6/5/2026 11:33 AM by Alberto Quintanilla Page 4 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Special Event Sponsorship Program does not involve the approval of special events or individual projects, which are subject to a separate environmental review and permitting process. Thus, the Special Event Sponsorship Program will not significantly affect the environment, and no further CEQA review is required.

LINKS: https://www.fremont.gov/permits/special-event-permit/special- event-sponsorship

ATTACHMENTS:
• Draft Resolution- SESP Program FY 26-27
• 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025

RECOMMENDATION: Adopt resolution allocating FY 2026/27 special event sponsorship awards to the ten eligible events as specified in this report.

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Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

AUTHORIZING SPECIAL EVENT SPONSORSHIP PROGRAM GRANTS
TO TEN RECIPIENTS FOR FY 2026/27

WHEREAS, in December 2019, the City Council approved the Special Events Sponsorship Program (SESP) in response to special event organizers' requests for City financial support; and

WHEREAS, the SESP is available to support established event organizers that have held successful events in the City, and their events required City services on the day(s) of the event, or who hire a third-party vendor to provide such services (e.g., hiring a City-approved traffic vendor to conduct road closures); and

WHEREAS, applicants for SESP grants may request up to 50% of their overall event budget or the total estimated cost for City services, whichever is higher, and sponsorship grants are effective July 1 of each year, contingent upon budget approval; and

WHEREAS, in December 2025, the City opened the SESP application process for FY 2026/27, and the FY 2026/27 Proposed Operating Budget includes $350,000 of funding for the SESP; and

WHEREAS, the City processed ten SESP applications, all applications were eligible, and staff recommends awarding SESP grants to all ten applicants; and

WHEREAS, on June 9, 2026, the City Council conducted a hearing on the proposed SESP grants, afforded the public an opportunity to be heard, and considered the staff report including the staff recommendations therein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

The City Council hereby awards the Special Event Sponsorship Program grants for FY 2026/27 to the ten recipients in the amounts listed in Exhibit A to this resolution.

ADOPTED ________________, 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Draft Resolution- SESP Program FY 26-27 (5637 : Special Event Sponsorship Program 2026/27)

Resolution 2026-XX Page 2 of 3

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft Resolution- SESP Program FY 26-27 (5637 : Special Event Sponsorship Program 2026/27)

Resolution 2026-XX Page 3 of 3

EXHIBIT A to Resolution 2026-XX

FY 2026/27 SESP Grant Recipients

Special Event SESP Grant Award

1. 4th of July Parade $12,230

2. Fremont Street Eats $32,050

3. Festival of Arts $124,380

4. Festival of India $3,150

5. Niles Car Show $87,980

6. Niles Antique Fair $37,320

7. Diwali Gurdwara & New Year’s Eve $8,340

8. Festival of Lights and Tree Lighting $34,080

9. Chanukah Lighting $1,670

10. Fremont Creates Presents $8,800
Total $350,000

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Attachment: Draft Resolution- SESP Program FY 26-27 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 1 of 8 Rev (11/19/2025)

FY 2026/2027 Special Events Sponsorship Program
Guidelines and Application Checklist

Letter of Intent (LOI) Deadline: Wednesday, January 14, 2026, 12:00 p.m. PT Application Deadline: Wednesday, March 25, 2026, at 12:00 p.m. PT Late and/or incomplete submissions will not be accepted Overview and Goals
The Special Events Sponsorship Program (SESP) offers financial assistance to support large-scale special events in the City of Fremont. These events include festivals, parades, and community celebrations that require overtime or specialty City staff support from the Police Department, Fire Department, Public Work Department (Street Maintenance), or Community Services (Parks and Recreations) on the days of the event. Funds are made available annually through the City budget process and awarded by City Council through a competitive application and review process. The program aims to foster successful high-impact community events that:

1. Enhance economic development;

2. Encourage community participation;

3. Promote arts and/or cultural growth; and

4. Provide a rich variety of festivities for residents and visitors.

The program is not intended to support events where the purpose is fundraising for a cause or to advocate for a political position. The SESP funding is specifically meant to partially offset the cost of City services by providing financial support for events. Award amounts may vary per event, per year.

Organizers may request up to 50% of the anticipated total event cost or 100% of the anticipated cost of City services, whichever is higher. Award amounts may be less than the amount requested and all awards are subject to Council approval and/or the availability of funding.

Administration
The Fremont Police Department manages the administrative process of the SESP, as the department also manages the permitting process for high-impact special events in the City. The special event sponsorship application and the special event permit application will be processed together in Spring of each year for events taking place in the upcoming fiscal year. SESP applications will be reviewed by a sub-committee including City of Fremont staff from various departments.

Funding and Grant Use Restrictions
The amount of available funding may vary per year depending on economic outlook and available resources. Past grant awards are no assurance of future awards. Available funds are subject to City Council approval. The City may terminate the program at any time due to unforeseen circumstances.

Grant funds must be used for event-related expenses only and not for operating deficit, administrative costs, or other organizational costs unrelated to production of the event or for any capital equipment purchases. No part of the grant shall be used for political advocacy or for religious events.

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 2 of 8 Rev (11/19/2025) Eligibility
To be considered for SESP, the event and the event organizer must meet ALL of the following eligibility criteria. Note that meeting the below criteria does not guarantee event sponsorship. Eligible events must submit an application to the SESP each year. Final funding decisions are recommended by staff for Council approval. Applications may be rejected if ANY of the following criteria is not met:
• Event Criteria
o Event takes place between July 1, 2026, and June 30, 2027 in the jurisdiction of City of Fremont;
o Event is not conducted as a fundraiser for a cause or advocate a political position; religious events are generally not prohibited. A religious event that is free, held in a public space, advertised to the general public and has an educational or cultural celebration component may be submitted.
o Event must support all four of the SESP program goals; o Event must require the use of City services on the day(s) of the event, specifically Police, Fire, Public Works, facility rental at the Downtown Event Center, and/or street closures conducted by City-approved vendors;
o Event must have other sources of funding sufficient to cover at least 50% of all anticipated event-related expenses.
• Event Organizer (Organization) Criteria
o Event organizer must be in good financial and operational standing with the City of Fremont and have no outstanding balances owed to the City; o Event organizer must be a legally registered 501c(3) non-profit organization or 501c(6) business entity;
o Event organizer must have a valid City of Fremont business tax certificate, or a Fremont business tax exemption from the City’s Finance Department; and o Event organizer must be established with at least one year of successful history with the City of Fremont; new events hosted by new organizers are not eligible until year two.  Successful history is further defined as those that have adhered to all special event permitting conditions and fulfillment of all event obligations, including payment to vendors and the City of Fremont. In addition, organizer’s events are those that have not resulted in an adverse impact in the community, such as the receipt of significant complaints from residents or businesses, or violations of permits or municipal codes.

Application Requirement
To be considered for an award, applicants must complete a letter of intent (LOI) per event per fiscal year, and upon LOI approval, a complete special event sponsorship program (SESP) application per event per fiscal year must be submitted together with the special event permit application. Refer to the application checklist below for information about each required document. Note that events applying for SESP are subject to an earlier deadline for the special event permit application. Partial, incomplete or late applications will not be considered. A complete SESP application packet consists of all documents required for the Sponsorship Program as well as the Special Event Permit. Refer to the next section for a complete checklist of documents required.

Letter of Intent (LOI) Submission
The LOI is a simple webform that only takes a few minutes to complete. The form must be completed

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 3 of 8 Rev (11/19/2025) online by Wednesday, January 14, 2026, 12:00 p.m. at the following website:
https://www.fremont.gov/permits/special-event-permit/special-event-sponsorship/letter-of-intent-loi- online-form

Special Event Sponsorship (SESP) Application Checklist
Once City staff approves the applicant’s Letter of Intent (LOI), applicants shall proceed to complete and submit a full application packet, as outlined below. For consideration of event sponsorship, all required documents for sponsorship and permit are due together by Wednesday, March 25, 2026, at 12:00 p.m. Incomplete applications will not be accepted. ☐ 1. Special Event Sponsorship Program (SESP) Application

☐ 2. Special Event Permit Application for High Impact Events • All sections must be completed; answers such as “same/TBD” are not acceptable. • The following items are required as part of the permit application:
☐ i. Event Program to include times, list of activities, and name of anticipated special VIPs or guests.
☐ ii.. Event Venue Contract/Permission, if applicable, indicating property usage permission. ☐ iii. Event Site Plan (Special Event Permit Application Attachment A) that clearly indicates set up of event, stages, bleachers, tents, canopies, booths, rides, portable toilets, location of storm drains, trash/recycling/compost receptables, and other equipment or set up. o Tent(s) & Stage(s) Plan required for stages, grandstands, bleachers, special seating, and/or enclosed tents.
o California Engineer Approved/Stamped Plan (drawing with specifications and measurements) for the event with pertinent information on tents/stages/bleachers, etc., including details on connecting ramps, rotary devices, and/or lifts. o Note: If a tent/stage permit is required, applicants must use the City's online Citizen Access portal to submit such requests in addition to submitting the sponsorship and permit application. Additional materials and fees apply. ☐ iv. Traffic Plan/Road Detour Plan (Special Event Permit Application Attachment B), if applicable, must indicate road closures, location of cones/barricades, available entry points, and flow of traffic. If shuttles are used, the traffic plan must also indicate type, route, frequency, and drop-off location(s). Traffic plan for road closures must be developed from one of the City’s approved Traffic Vendors.
☐ v. Parking Plan (Special Event Permit Application Attachment C) that indicates parking availability, location of emergency vehicle access, disabled parking, and any available bicycle parking or ride drop-off designated area.
☐ vi. If private parking lots are used, written permission from the property is required. ☐ vii. Vendor Information (Special Event Permit Application Attachment D) must include all anticipated major vendors, particularly those serving the event, such as those for stages, security, portable toilets, etc. Business vendors participating at the event can be added two weeks prior to the event.
☐ viii. Public Safety and Crowd Management Plan, required for 1,000+ attendance. ☐ ix. Private Security Plan, if private security firm will be hired for the event. ☐ x. Daily ABC License Application required if alcohol is served. ☐ xi. Special Event Permit Application Fee. Permit fee varies by class type.

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 4 of 8 Rev (11/19/2025) The following materials can be submitted at time of application submission. If pending, they can be submitted at a later time when the City review the special event permit application.

Applicants will be notified of the submission deadline for these documents.

☐ i. Finalized Event Program including confirmed VIP Guests ☐ ii. Certificate of Insurance for the event with at least $1 million liability insurance. ☐ a. Additional Insured Endorsement for the event explicitly listing the City of Fremont as additional insured.
☐ b. Certificate(s) of Insurance for each carnival ride vendor, if applicable, with at least $1 million liability insurance and all rides explicitly listed. ☐ c. Additional Insured Endorsement from carnival ride insurance explicitly listing the event organizer and the City of Fremont as additional insured. ☐ iii.. Alameda County Health Permit required if food is served. ☐ iv.. Approved Daily ABC License required if alcohol is served. ☐ v. Written Notification to nearby businesses and residents regarding impact of event, road closures, and/or parking.
☐ vi. Vendor Contract(s) for major services, such as stages, security, portable toilets, trash, etc. ☐ vii. Vendors List including information on all participating vendors. ☐ a. Temporary tax license fee(s) for applicable vendors. ☐ viii. Personnel List, if applicable, listing those operating carnival rides or managing kids’ activities. ☐ ix. Event Deposit, if applicable.
☐ x. Other information or materials as determined necessary by the City.

FY 2026/2027 Special Event Sponsorship (SESP) Program Timeline

Description Date
SESP Letter of Intent (LOI) Opens Thursday, November 20, 2025 SESP Public Information Session for Applicants Thursday, December 11, 2025, 11:00 a.m. PT SESP Letter of Intent (LOI) Due Wednesday, January 14, 2026, 12:00 p.m. PT City notifies applicants of LOI Results By Monday, January 26, 2026 SESP Application Process Opens to Applicants with
Approved LOIs
Tuesday, January 27, 2026
SESP Application & Special Event Permit Application Due Wednesday, March 25, 2026, 12:00 p.m. PT SESP Committee Review and Scoring of Applications By May 2026 Proposed Council Review and Approval Date June 2026
Outstanding event balance due to City (if applicable) 30 days after invoice date Final Report Due for Grantees 90 days after event, or 30 days after finally billing information received by grantee,
whichever comes later
Sponsorship reimbursement made to applicant
(if applicable)
After completion of Final Report & submission
of receipts/documents

Application Submission Process
A copy of all application materials and documents, including a check to process your special event permit fee, must be submitted together in one packet to the Development Services Center in person and by appointment only.

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 5 of 8 Rev (11/19/2025)

Applicants MUST make an appointment with:
• Juliette Setudeh-Nejad, Planner, Community Development Phone: (510) 494-4540, Email: [email protected] City of Fremont Development Services Center
39550 Liberty Street, Fremont, CA 94538

Check Payment should be made payable to: City of Fremont

You MUST make an in-person appointment to submit your application, and the appointment must take place prior to the application deadline.

At the appointment, you must have already completed your application and provide all necessary documents and payment. If your application is not complete, you will be asked to return at a later time.

Note about Application Deadline
Applicants are strongly encouraged to submit their applications early to give themselves ample time to resolve any unexpected issues. Incomplete applications will be not accepted.

Plan early and DO NOT WAIT until the application deadline to call with questions or to make an appointment. Staff will be in session with previously-made appointments and will not be able to respond to same day requests or inquires.

Fees
There is no cost to apply to SESP, however, application and payment for the Special Event Permit is due at the time of SESP application submission. Refer to https://www.fremont.gov/permits/special-event- permit for more information on the Special Event Permit. If your event requires a stage or tent permit, additional documents and fees apply. Stage and tent permit and inspection fees cannot be waived, and all related fees must be paid for by the applicant prior to issuance of the permit.

Public Nature of Application Materials
Applications submitted for SESP become the property of the City of Fremont and shall be regarded as public records, with the exception of those elements in the application which are defined by the applicant as business or trade secrets and designated as Confidential, Trade Secret, or Proprietary.

These elements are not required and not encouraged to be included in the application. The City shall not in any way be liable or responsible for the disclosure of any such application or portions thereof, if they are not designed as Confidential, Trade Secret, or Proprietary or if the disclosure is required under the Public Records Act. If an organization wishes to designate elements of the application as confidential, business or trade secret, they must submit a letter at the time of application identifying the specific sections of their application that should be defined as such. Although the California Public Records Act recognizes that certain information may be protected from disclosure, the City may not be in a position to establish that the information that an applicant submits is protected. If a request is made for information marked Confidential, Trade Secret, or Proprietary, the City will provide the applicant who submitted the information with reasonable notice to allow the applicant to seek protection from disclosure by a court of competent jurisdiction.

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 6 of 8 Rev (11/19/2025) Applicant Affidavit
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief. I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager's designee. Applicant agrees to comply with all reporting and sponsor acknowledgement requirements if the event is awarded a grant under the Special Event Sponsorship Program. I agree to provide exhibition space and setup of canopies, tables, and/or chairs as needed and as requested by City departments. I agree to provide financial statements and documents, including all contracts, invoices, receipts, proof of payment, etc. for the event upon request. I agree to abide by all requirements and further certify that I, on behalf of the Event Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Fremont. I agree to comply with City-issued conditions pertaining to the issuance of a special event permit or acceptance of a sponsorship award. I further agree to pay back any or all of the awarded grant to the City of Fremont within 30 days of notification if the event is canceled or modified significantly from the original proposed activities, or the event violates any City-issued supplemental conditions or request pertaining to the execution of the event, as determined by the SESP Decision Committee, City Council, and/or the City Manager or the City Manager’s designee.

Evaluation Criteria
SESP Applications will be evaluated according to the following criteria, in the context of the applicant’s overall goals and the purpose and goals of the Special Event Sponsorship Program:
• Event Narrative and Significance
o Clarity of the event’s nature, structure and vision and how well the event relates to the applicant’s mission, purpose and goals.
o How well the event components demonstrate support of SESP program goals:

1. Enhance economic development;

2. Encourage community participation;

3. Promote arts and cultural growth; and

4. Provide a rich variety of festivities for residents and visitors.

• Financial Capabilities and Event Execution
o Ability to produce a profitable or break-even event measured on a cash basis; o Extent of diversified financial support and in-kind contributions and/or volunteer resources used to leverage the City’s grant funding;
o Ability and experience in producing a well-planned and safe event; o Depth of managerial and organizational capacity.

Rating System
When evaluating each criterion, members of the decision committee will issue a pass or not pass. The application must receive a “Pass” on all sections to warrant funding from the sponsorship program.

Appeals
An applicant may file an appeal of the SESP Decision Committee’s funding decision only if it is based one of the following circumstances:

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 7 of 8 Rev (11/19/2025) • Required application materials that were submitted by the deadline were omitted from the materials the Committee considered during the review process; • A member of the Committee did not recuse her/himself even though s/he had a conflict of interest, as such term is defined under state law, in relation to an applicant, which should have resulted in the council member’s recusal from evaluating the application or participating in a discussion regarding the applicant.

The Committee will not consider appeals based on any other circumstances, including but not limited to:
• Correcting applicant errors and omissions in the application or review process; • Information received after the application deadline;
• Disagreements about the merits of the application relative to others the Committee considered.

Applicants must submit their appeals in writing to the City Manager’s Office within the specified time period after funding notifications have been sent. The notification will specify the deadline to file an appeal.

Final Report
SESP grantees must submit a Final Report for the event on a City-provided form 90 days after the event is held, or 30 days after City billing information is received, whichever is later. Grantees must be current on filing required reports before they can receive grant funding.

Reimbursement Process:

1. The sponsorship award is used to offset any city service cost on the day(s) of the event.

2. If your sponsorship award is not sufficient to cover all city service cost, you will receive a bill for the remaining balance due.

3. If your sponsorship award is sufficient to cover all city service cost, you will not be billed for the event, and any remaining balance on the sponsorship award may be used to reimburse for other event-related expenses. Any reimbursement will take place after submission of your Final Report and all necessary event expense receipts. You must submit receipts equal to, or greater than the amount available for reimbursement.

Acknowledging City Support
Grant recipients must acknowledge the City’s financial support in all appropriate materials and media.

The acknowledgement should read, “Supported in part by the City of Fremont” or similar language, unless the City is a part of a list of supporters. In the latter case, the acknowledgement may simply say City of Fremont. Grantees must display the City’s logo whenever other sponsor logos are displayed, and in accordance with City logo use guidelines.

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) FY 2026/2027 SESP Guidelines and Application Checklist Page 8 of 8 Rev (11/19/2025) Contact
For questions regarding the Special Event Sponsorship Program or the permitting process for high- impact special events, contact:

• Amy Gee, Public Affairs Manager, Fremont Police Department Phone: (510) 790-6967, Email: [email protected]

For questions regarding stage and tent permits, and submission of the application contact:

• Juliette Setudeh-Nejad, Planner, Community Development Phone: (510) 494-4540, Email: [email protected]

Additional Information on City of Fremont’s Website
• Special Event Sponsorship Program: https://www.fremont.gov/permits/special-event- permit/special-event-sponsorship
• Special Event Permit: https://www.fremont.gov/permits/special-event-permit

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Attachment: 2026-2027 SESP Guidelines and Application Checklist Rev Nov 2025 (5637 : Special Event Sponsorship Program 2026/27) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5746) DOC ID: 5746
Updated: 6/5/2026 9:31 AM by Alberto Quintanilla Page 1 Tract 8596 - Approval of Final Map, Agreements for Construction of Public and Private Street Improvements, and Dedication of Public Easements for Tract 8596, located at 43401 Ellsworth Street (Ellsworth Mixed Use) Contact Persons:

Name: Kenneth Nagar Noe Veloso
Title: Associate Civil Engineer Assistant City Engineer Div/Dept: Public Works Public Works
Phone: 510-494-4732 510-494-4774
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to approve Final Tract Map 8596 and improvement agreements for public and private infrastructure associated with a 13-unit development (12 residential units and one commercial unit), commonly known as Ellsworth Mixed Use.

Background: On October 13, 2022, the City Council approved Vesting Tentative Tract Map 8596 for the 1.12 acre property at 43401 Ellsworth Street in the Mission San Jose Community Plan Area. The developer is Robson Homes, LLC. The Final Map creates 16 parcels to allow for 1 commercial unit, and 12 residential units consisting of six duet units in three buildings and six detached townhomes. The Project’s site plan is attached to this report for reference.

Discussion/Analysis: The Final Map is in conformance with the Vesting Tentative Map and the developer has complied with all Tentative Map Conditions of Approval. The Final Map and Improvement Plans have been reviewed and are now ready for City Council approval.

The developer has signed the Public Improvement Agreement and has posted performance and labor and material bonds each in the amount of $688,000.00 to guarantee construction of the public improvements (Ellsworth Street, Grove Avenue, and Bryant Street). Public improvements include curb, gutter, sidewalk, driveway, pavement, landscaping, signing and striping, utilities including storm drain, water, sanitary sewer, joint trench, and other miscellaneous items of work as identified on the approved improvement plans.

The developer has signed the Private Improvement Agreement and has posted performance and labor and material bonds each in the amount of

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Council Staff Report (ID # 5746) Meeting of June 9, 2026 Updated: 6/5/2026 9:31 AM by Alberto Quintanilla Page 2 $1,270,000.00 to guarantee construction of the private and common area improvements (Festas Common and Velas Common). Private improvements include the construction of private streets, installation of stormwater facilities, vehicular parking to serve the residents, and other miscellaneous items of work as identified on the approved improvement plans.

The developer anticipates starting construction immediately following approval of the Final Map and Improvement Agreements and finishing construction approximately late 2027.

Fiscal Impact: None.

Environmental Review: Approval of final subdivision maps is statutorily exempt from the California Environmental Quality Act (CEQA), Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial projects. Moreover, on October 13, 2022, the Planning Commission made findings that the project site is categorically exempt from CEQA review per CEQA Guidelines Sections 15332, In-Fill Development Projects, and 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The Final Map and Improvement Plans are consistent with the General Plan and Zoning Ordinance, original project description, and scope of work. No further environmental review is required.

ATTACHMENTS:
• Site Plan (1 sheet)
• Draft Resolution - Final Tract Map 8596

Recommendation: Adopt a resolution to:

1. Approve the Final Map and the Improvement Plans for Tract 8596.

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Council Staff Report (ID # 5746) Meeting of June 9, 2026 Updated: 6/5/2026 9:31 AM by Alberto Quintanilla Page 3 improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

5. Make findings of CEQA exemptions.

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Attachment: Site Plan (1 sheet) (5746 : Tract 8596)

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DRAFT

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO. 8596, ACCEPTING THE OFFER S OF DEDICATION

IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING THE
EXECUTION OF IMPROVEMENT AGREEMENTS FOR TRACT 8596

WHEREAS, the City of Fremont (“City”) Planning Commission approved the Tentative Tract Map 8596 for the 1.12-acre property located at 43401 Ellsworth Street in the Mission San Jose Community Plan Area (“Project”), subject to certain Conditions of Approval (“Conditions) on October 13, 2022; and

WHEREAS, staff has reviewed the final subdivision map for Tract No.8596 ("Final Map") and finds it is technically correct and geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8596 – Ellsworth Mixed Use, City of Fremont, Alameda County, California”; and

WHEREAS, the Developer has submitted “Improvement Plans – Tract 8596, City of Fremont, Alameda County, California,” which that describe construction of the public improvements (Ellsworth Street, Grove Avenue, and Bryant Street) and private improvements required by the Conditions, including construction of private streets (Festas Common and Velas Common); and
WHEREAS, Robson Homes, LLC. (“the Developer”) has executed a Public Improvement Agreement for Tract 8596, agreeing to construct all public improvements required by the Conditions, including those described by the Improvement Plans, and has posted security guaranteeing completion of the public improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $688,000.00 and a labor and material bond in the amount of $688,000.00; and

WHEREAS, the Developer has executed a Private Improvement Agreement for Tract 8596, agreeing to construct all private improvements required by the Conditions, including those described by the Improvement Plans, and has posted security guaranteeing completion of the private improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $1,270,000 and a labor and material bond in the amount of $1,270,000; and

WHEREAS, staff have reviewed the Final Map, the Improvement Plans, and the Improvement Agreements, and finds that the Final Map conform to the requirements of the Subdivision Map Act (California Government Code Sections 66410, et seq.), the City's Subdivision Ordinance (Fremont Municipal Code, Title 17), and the Conditions; and

WHEREAS, the Final Map includes offers of dedication of interests in real property to the City, including but not limited to easements as shown on the Final Tract Map 8596; and

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Attachment: Draft Resolution - Final Tract Map 8596 (5746 : Tract 8596)

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WHEREAS, the Developer has paid all fees required by the Conditions for processing of the Final Map; and

WHEREAS, the Final Map is statutorily exempt from the California Environmental Quality Act (CEQA) Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial Projects, Approval of Final Subdivision Maps, and a Notice of Exemption will be filed with the Alameda Sacramento County Recorder after the filing of the Final Map.is map.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

1. The City Council approves the Final Map for Tract 8596, a copy of which is on file with the City Engineer, which map is incorporated by reference and made a part of this Resolution.

1.2. Final Map is hereby approved, and Tthe City Council authorizes and directs the City Clerk is authorized and directed to certify the City Council’s approval this fact on the face of the Final Map and to file said map with the Alameda County Recorder.

2. The City Council finds the Final Map is statutorily exempt from the California Environmental Quality Act (CEQA), Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial projects, Approval of Final Subdivision Maps, and the City Clerk is authorized and directed to file the Notice of Exemption with the Alameda County Recorder.

3. The City Council approves The Improvement Plans are hereby approved.

4. All offers of dedication of interests in real property made to the City and identified on the Final Map (whether by fee, easement, right-of-way, or otherwise) are accepted by the City; provided, however, to the extent offers of dedication are for interests in real property on which the Developer is required to construct public improvements, the City's acceptance shall be conditioned upon the City Engineer's acceptance of the public improvements as complete.

5. The City Manager or designee is authorized to execute the required improvement agreements for Tract 8596.

ADOPTED 2026, by the City Council of the City of Fremont by the following vote, to wit:

AYES:

Formatted: Indent: Left: 1", No bullets or numbering
Formatted: Indent: First line: 0"

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Attachment: Draft Resolution - Final Tract Map 8596 (5746 : Tract 8596)

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NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk Sr. Deputy City Attorney II
City Attorney

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Attachment: Draft Resolution - Final Tract Map 8596 (5746 : Tract 8596) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Budget

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5737) DOC ID: 5737
Updated: 6/5/2026 11:14 AM by Alberto Quintanilla Page 1 Second Public Hearing and Adoption of FY 2026/27 Operating Budget and Appropriations Limit - Conduct a Second Public Hearing (Published Notice) and Adopt Resolutions Adopting FY 2026/27 Operating Budget and Establishing Appropriations Limit
Contact Persons:

Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]

Executive Summary: Staff recommends that the City Council hold the second public hearing on the FY 2026/27 Proposed Operating Budget and adopt resolutions approving the budget and the constitutional appropriations limit.

Background: Staff presented the FY 2026/27 Proposed Operating Budget to the City Council during a televised City Council meeting on May 12, 2026, and the City Council held the first public hearing on the proposed budget on June 2, 2026. The budget identifies total appropriations, including all funds, for FY 2026/27 in the amount of $427.1 million. The General Fund portion of the total is $289.1 million. Following tonight’s second public hearing, the Council may adopt the budget.

Article XIIIB of the California State Constitution imposes a limit on annual appropriations funded from taxes and certain regulatory fees, user fees, and investment earnings. The appropriations limit is often referred to as the “Gann limit.” The appropriations limit is adjusted from year to year using adjustment factors that must be adopted annually by the City Council.

Discussion/Analysis:

FY 2026/27 Budget Resolution

In addition to documenting the City Council’s approval and adoption of the budget, the Budget Resolution also authorizes the City Manager to appropriate and transfer funds under certain limited conditions specified in the resolution.

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Council Staff Report (ID # 5737) Meeting of June 9, 2026 Updated: 6/5/2026 11:14 AM by Alberto Quintanilla Page 2 FY 2025/26 Appropriations Limit

Staff has calculated the FY 2026/27 appropriations limit in accordance with Article XIIIB of the California State Constitution. The appropriations limit is adjusted annually to reflect both the percentage change in population and the percentage change in cost of living.

The percentage change in population for each city is provided by the State Department of Finance, which also provides the percentage change in California per capita personal income. As an alternative to the percentage change in personal income as a cost-of-living factor, local agencies may choose to use the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction.

The Alameda County Assessor’s Office annually provides information on the value of nonresidential new construction by the city.

As the California per capita change in personal income is 4.95%, while the percentage change in the City’s assessment roll due to the value of nonresidential new construction is 0.07%, staff recommends that the City Council adopt the percentage change in per capita personal income as the cost of living factor to be used in calculating the FY 2026/27 appropriations limit.

Using the percentage change in City population of 0.23% and the percentage change in California per capital personal income of 4.95%, the appropriations limit for FY 2026/27 is calculated to be $1.1 billion. Based on the proposed General Fund operating budget of $289.1 million, the City is not at risk of exceeding the appropriations limit. The Appropriations Limit Resolution attachment describes in more detail the methodology for calculating the appropriations limit.

Fiscal Impact: Total General Fund budgeted revenues and transfers in in the coming fiscal year of $291.0 million will be adequate to support total budgeted expenditures and transfers out of $289.1 million, and the $1.1 billion appropriations limit far exceeds the proposed appropriations.

Environmental Review: Action on this item represents a fiscal, organizational, and/or administrative governmental activity that will not result in physical changes in the environment. Therefore, it is not a project subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.

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Council Staff Report (ID # 5737) Meeting of June 9, 2026 Updated: 6/5/2026 11:14 AM by Alberto Quintanilla Page 3

Links: The FY 2026/27 Proposed Operating Budget is posted on the City’s website at:
https://www.fremont.gov/government/departments/finance/financial- reports.

ATTACHMENTS:
• Draft 2026-27 Budget Resolution - Operating Budget
• Draft 2026-27 Appropriations Limit Resolution

Recommendation:

1. Hold a public hearing on the proposed operating budget for FY 2026/27.

2. Adopt a resolution approving the City of Fremont FY 2026/27 Operating Budget.

3. Adopt a resolution creating an appropriations limit of $1,059,979,742 for FY 2026/27.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR JULY 1, 2026 THROUGH JUNE 30, 2027

WHEREAS, the City Manager has prepared a municipal budget for the fiscal year ending June 30, 2027, entitled “City of Fremont, Fiscal Year 2026/27 Proposed Operating Budget” (“Proposed Budget”), a copy of which is on file in the office of the City Clerk; and WHEREAS, the City Council has examined the Proposed Budget, has conferred with the City Manager and appropriate staff in public sessions, and has deliberated and considered the Proposed Budget during public hearings.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Manager is hereby directed to prepare the final budget, in substantial conformance with the Proposed Budget, and as directed by the City Council, for the fiscal year July 1, 2026, through June 30, 2027. The final budget shall be the “City of Fremont, Fiscal Year 2026/27 Adopted Operating Budget.” The final budget may be referred to as “the Budget,” and a copy of the Budget shall be filed in the office of the City Clerk. The Budget is hereby adopted and approved.

SECTION 2. The City Manager is hereby authorized to implement the Budget as set forth in this Resolution. The City Manager may delegate the authority to implement this Resolution to the Finance Director, or other designated City employees.

SECTION 3. The City Manager is authorized to transfer appropriations as needed from savings available in any account in the Budget to any other accounts within the same fund to meet overall Budget requirements.

SECTION 4. The City Manager is authorized to transfer among various funds amounts designated as “Transfers” in the Budget in increments and at intervals determined by the City Manager.

SECTION 5. The City Manager is authorized to increase appropriations for fiscal year 2026/27 expenditures in an amount not to exceed the amount of funds encumbered, but not yet expended, from fiscal year 2025/26. The actual amount of the increased appropriation due to encumbrances will be reported to the City Council as part of the fiscal year 2025/26 year-end financial report.

SECTION 6. When revenue estimates for the Development Services cost center exceed the amount identified in the Budget due to increases in development and fee activity as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2026/27 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance

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Attachment: Draft 2026-27 Budget Resolution - Operating Budget (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET)

Page 2 of 3 ends

Director, and reported to the City Council as part of the fiscal year 2026/27 year-end financial report. The multiplier used to calculate billing rates for planning services and engineering services provided by the Development Services cost center will be 3.25.

SECTION 7. When revenue estimates for the Recreation cost center exceed the amount identified in the Budget due to increases in recreation fee activity as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2026/27 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2026/27 year-end financial report.

SECTION 8. When revenue estimates exceed the amount identified in the Budget due to increases in grant or fee revenues as verified by the Finance Director, the City Manager is authorized to increase appropriations for fiscal year 2026/27 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2026/27 year-end financial report.

SECTION 9. When higher than anticipated revenue activity in the General Fund results in increased costs to directly support that activity (e.g., automated traffic enforcement), the City Manager is authorized to increase appropriations for fiscal year 2026/27 expenditures in an amount not to exceed the amount of increased revenue. Approval of increased appropriations shall be made in writing by the City Manager, filed with the Finance Director, and reported to the City Council as part of the fiscal year 2026/27 year-end financial report.

SECTION 10. The City Manager is authorized to appropriate and transfer funds from the General Fund, or other funds from which personnel costs are budgeted, to the Risk Management Fund in the amounts necessary to maintain adequate funding of the workers’ compensation and general liability reserves based on the actuarial valuation reports for these programs as of June 30, 2026, to the extent that the necessary amounts are available as unencumbered ending fund balance.

SECTION 11. The City Manager is authorized to appropriate and transfer funds from the General Fund, or other funds from which personnel costs are budgeted, to the Employee Benefits Fund in the amounts necessary to maintain adequate funding of the accrued leave liability reserve based on actual leave balances as of June 30, 2026, to the extent that the necessary amounts are available as unencumbered ending fund balance.

SECTION 12. The City Manager is instructed to use restricted funding sources in accordance with the requirements of the funding sources prior to using funds with unrestricted resources in order to allow the City the greatest flexibility in meeting its financial obligations.

SECTION 13. Each Councilmember is authorized $6,500, and the Mayor is authorized $20,000, for Council travel and expense reimbursement, to be utilized in accordance with the Council Travel Budget and Expense Reimbursement Policy.

SECTION 14. The City Manager is instructed to implement all policies contained in the “Policies” section of the Budget.

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Attachment: Draft 2026-27 Budget Resolution - Operating Budget (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET)

Page 3 of 3 ends

SECTION 15. This resolution shall take effect immediately upon its adoption.

ADOPTED June 9, 2026, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft 2026-27 Budget Resolution - Operating Budget (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET) Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
2026/27 FOR THE CITY OF FREMONT

WHEREAS, Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979, with modifications under Proposition 111 passed by the voters in June 1990, as implemented by California Government Code Sections 7900 et seq), requires the City of Fremont (“City”) to establish its appropriations limits by resolution each year, for the following fiscal year; and
WHEREAS, the City’s appropriations may increase by an amount not to exceed the change in population and the change in either the California per capita income or the change in non-residential assessed valuation due to new construction within the City; and WHEREAS, documentation used in the determination of the fiscal year 2026/27 appropriations limit has been available to the public prior to City Council’s determination in this matter, as required by Government Code Section 7910.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to the appropriations limit formula set forth in Government Code Sections 7900–7913, the City Council does hereby establish the appropriations limit for fiscal year 2026/27 for the City at $1,059,979,742, as documented in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 2. The City Council adopts the following adjustment factors for use in determining the fiscal year 2026/27 appropriations limit:

Population Factor: The percentage change in the City’s population from January 1 of the preceding calendar year to January 1 of the current calendar year, as provided in the State of California Department of Finance “Price and Population Information” publication, dated May 2026.

Per Capita Personal Income: The percentage change in California per capital personal income from the preceding year as provided in the State of California Department of Finance “Price and Population Information” publication, dated May 2026.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

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Attachment: Draft 2026-27 Appropriations Limit Resolution (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET) Resolution 2026-XX Page 2 of 3 ADOPTED June 9, 2026, by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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Attachment: Draft 2026-27 Appropriations Limit Resolution (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET) Resolution 2026-XX Page 3 of 3 Exhibit A to Resolution No. 2026-XX
Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979, with modifications under Proposition 111 passed in June 1990, and implemented by California Government Code sections 7900, and following) provides the basis for the appropriations limitation. In brief, the City’s appropriations growth rate is limited to changes in population and either the change in California per capita income or the change in the local assessment roll due to new, non-residential construction. The formula to be used in calculating the growth rate is:
% change in population + 100
100
multiplied by either
% change in per capita income + 100
100
or
% change in assessment roll due to non-residential construction + 100 100
The resultant factor times the previous appropriations limit equals the new appropriations limit.

Both the California per capita personal income price factor and the population percentage change factor are provided by the State Department of Finance to local jurisdictions each year. The population percentage change factor estimates the change in the City’s population between January of the previous fiscal year and January of the current fiscal year. Reports that present changes in new non-residential assessed value are provided by the County of Alameda. These numbers provide the basis for the factor to be used in the City’s calculation of the appropriations limit. Of the two methods above, the City is using the “per capita personal income” factor because it results in the higher appropriations limit.

In May 2026, the State Department of Finance notified each city of the population change factor and the per capita personal income factor to be used in determining the appropriations limit. The percentage change in per capita income is 4.95%. The calculation as applied to the City of Fremont for FY 2026/27 is as follows:

The population change on January 1 of the previous year (233,428) to the population on January 1, 2026 (233,974) is 546, or a 0.23% increase.

The change in per capita personal income is 4.95%.

The factor for determining the year-to-year increase is computed as:

0.23 + 100 X 4.95 + 100 = 1.0520
100 100
Applying this year’s factor of 1.0520 to last year’s limit of $1,007,585,306 yields the Appropriations Limit for FY 2026/27 of $1,059,979,742.

Based on an operating budget of $289,088,437 Fremont is not at risk of exceeding the appropriations limit. The Appropriations limit is adopted by the City Council concurrently with the adoption of the FY 2026/27 operating budget.

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Attachment: Draft 2026-27 Appropriations Limit Resolution (5737 : Second Public Hearing - FY 2026/27 OPERATING BUDGET) Fremont City Council Meeting: 06/09/26 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Development Project

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5745) DOC ID: 5745
Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 1 Sterling Osgood Road GPA & Rezoning – 43800 Osgood Road - PLN2025-00100 - (Public Hearing) To consider a proposed General Plan Amendment from Regional Commercial to Tech Industrial, a corresponding Rezoning from Commercial – Regional (C-R) to Tech Industrial (I-T), a Discretionary Design Review Permit, and other land use entitlements for the 11.21-acre property at 43800 Osgood Road in the Irvington Community Plan Area; and to consider a Negative Declaration prepared and circulated for the project in accordance with the requirements of the California Environmental Quality Act (CEQA).

Contact Persons:

Name: Marc Cleveland David Wage
Title: Associate Planner Planning Manager
Div/Dept: Planning Community Development
Phone: 510-494-4543 510-494-4447
E-Mail: [email protected] [email protected]

Executive Summary: The Applicant proposes a General Plan Amendment to redesignate the land use of a 11.21-acre site located at 43800 Osgood Road from Regional Commercial to Tech Industrial, a corresponding Rezoning from Regional Commercial (C-R) to Tech Industrial (I-T), a Discretionary Design Review Permit, and other minor entitlement approvals.

Background: The project site was the home of Fry’s Electronics, a predominantly Bay Area electronics chain retail store that has since ceased all operations. The existing 143,815-square-foot building that housed Fry’s’ retail-commercial operations, completed in 1999, was originally intended as a speculative industrial warehouse building consistent with the site’s previous zoning, I-L (Light Industrial). In 1998, while it was under construction, GPA-98-8, Z-98-7 and U-98-3 were approved which changed the land use and zoning from I-L (Light Industrial) to I-R (Restricted Industrial) with a Commercial/Industrial Overlay District, which expanded uses to include large-box retail under a use permit, such as the former Fry’s Electronics at the site. Upon establishment of the C-R (Regional Commercial) land use in the General Plan, the site was redesignated and rezoned (to its current Regional Commercial status) as part of the City-wide General Plan Updates and Rezonings in 2011 and 2015, respectively.

Fry’s Electronics operated at this location until 2021, when the company ceased operations. The Property has remained vacant since that closure, and the current owner purchased it in June 2024.

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 2 Planning Commission Hearing

On April 23, 2026, the Planning Commission held a public hearing to consider the proposed project. After receiving staff and applicant presentations and testimony from the public, the commissioners discussed the proposal and ultimately voted 6-0 (one commissioner absent) to recommend approval of the project to the City Council.

Discussion/Analysis:

Project Description

The project site is currently developed with an approximately 143,815- square-foot, 37-foot-tall building with an associated surface parking lot. The applicant is requesting approval of a General Plan Amendment, Rezoning, Discretionary Design Review Permit, and other minor entitlements to accommodate the adaptive reuse of the existing building for proposed industrial operations.

Proposed building and site improvements would include demolishing certain existing tenant improvement features; replacing the existing roof; upgrading power service to the building; the addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the building; new loading and receiving docks and drive-in doors; and façade design improvements. The interior layout of the building will be determined by future tenants. The eastern portion of the building will provide an outdoor employee amenity area with a shade structure. No changes to the building’s height or footprint are proposed.

The proposed project would include up to 18 docking doors and 3 drive-in doors on the building’s south elevation. The proposed project would include a total of 365 auto parking stalls, 62 trailer parking stalls, and 44 bicycle rack parking stalls. Of the auto parking provided, 75 stalls would be electric vehicle (EV) capable, four stalls would be auto accessible, and four stalls would be van accessible. Of the 75 EV capable stalls, 56 stalls would not include electric vehicle supply equipment (EVSE), 17 stalls would include EVSE, one stall would be auto accessible, and one stall would be van accessible. There would be 62 separate stalls dedicated to truck trailer parking. The bicycle parking is divided into 24 short-term bicycle spaces and 20 bicycle spaces.

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 3

The proposed project would include new landscaping within new interior parking areas as well as along on the eastern, southern, and western boundaries of the project site. It is the intent to provide a solid evergreen screen from public right-of-way along the east and south landscape setbacks. New and revitalized landscape is proposed along the frontage of the project on Osgood Road with colorful and enhanced planting at entries to define entry points to the site. The proposed project would retain 76 trees out of the existing 133 currently existing on the site and plant an additional 198 trees located throughout the site.

The proposed project would install a new six-foot ADA compliant sidewalk along Osgood Road, as well as create a new ADA pedestrian curb ramp at the corner of Osgood Road and Auto Mall Park Way. A new traffic signal would be installed on Osgood Road to facilitate the safe exiting out of the north driveway going southbound on Osgood Road. The applicant also proposes coordinating the repair of a guardrail that has been damaged on the Corner of Osgood Road and Auto Mall Parkway.

General Plan Conformance

The subject property is currently designated Regional Commercial. To enable industrial development at the site, the applicant is proposing a General Plan Amendment to change the land use designation to Tech Industrial, which permits research and development, “clean and green” tech, and semi- conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities, as well as warehouse and distribution, e-commerce fulfillment, and manufacturing facilities. The proposed General Plan Amendment would be consistent with the following General Plan goals and policies:

Land Use Goal 2-2.1: Opportunity Areas for Growth and Change – Guide new growth and development to specific areas, including commercially and industrially zoned lands in the city with the potential to create job and housing opportunities while contributing to the city’s evolution into a more sustainable and pedestrian-oriented city.

Land Use Policy 2-3.6: Conversion of Older Shopping Centers and Commercial Uses - Support the adaptive reuse, renovation, or redevelopment of older shopping centers or commercial uses that are no

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 4 longer viable due to changing market conditions, demographics, or retail trends.

Land Use Policy 2-5.1: Land Supply and Job Growth – Maintain an industrial land supply that is adequate and suitable for the continued growth of the City’s core industries, including computer and communications manufacturing, biotechnology, green technology, logistics/distribution, and emerging technologies. The City should capitalize on its proximity to Silicon Valley, regional transportation facilities, and educated and skilled work force to create opportunities for job growth.

Analysis: The proposed project would alter the land use allowances of the site, which features an existing vacant building that has had no activity since 2021. The adaptive reuse of the building and site would be consistent with other sites along Osgood Road north of Auto Mall Parkway (to Blacow Road), which all uniformly carry an industrial designation. Conversion to the Tech Industrial designation and implementation of the proposed project would facilitate a significant investment in an underperforming site that would result in a more productive and efficient use of the land than current conditions allow, and create job growth in the City’s growing industrial sector and revenue sources for the City.

Economic Development Policy 6-1.1: Increasing the Tax Base – Encourage economic development that generates sales tax, property tax, and other revenues that help sustain municipal services.

Economic Development Policy 6-1.4: Large Sales Tax and
Employment Generators – In order to attract and retain businesses that generate large amounts of sales tax or number of jobs, incentives or special considerations should be provided to these businesses because of the significant economic benefit they provide to the City. These special considerations may include variations to development standards (e.g., floor area, parking, signage), wayfinding signage in the public right of way, expedited permit processing, or other considerations to facilitate attraction or retention of these businesses. A business providing such a sales tax benefit that would be eligible for such consideration(s) includes those that generate a minimum of one million dollars or more in annual revenue to the City (including sales tax, property tax, transit occupancy tax, and/or other applicable direct City revenue source) within three years after start of operations of the business.

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 5 Economic Development Policy 6-3.1: Diverse Industrial and Technology Uses – Provide for a variety of industrial uses to minimize the impact of industry-specific downturns on the local economy, to provide a range of job opportunities for local residents, and to provide opportunities for synergy between various industries.

Economic Development Policy 6-3.2: Attracting Emerging Growth Industries – Recruit and retain emerging growth (industries with significant employment and performance potential) industries in order to increase employment opportunities for a wide range of skill levels and salaries to meet current and future employment, with an emphasis on industries such as high tech, biotech and clean tech that seek to locate in Silicon Valley.

Analysis: The project site has been vacant since 2021 with no known commercial tenant prospects owing to the uniquely large size of the space.

According to the City commissioned Market Assessment and Economic Benefits Analysis for Change of Use at 43800 Osgood Road prepared by Strategic Economics (Informational 1), the trend towards customers purchasing goods online has hurt the site’s viability as a regional commercial center. The area’s existing supply of retail-commercial uses limits the likelihood of a developer pursuing a regional retail destination at the site.

The project site is also unlikely to attract demand for smaller, local-serving retail uses that are allowable under the current zoning. The recent closure of the REI store south of the site, across Auto Mall Parkway, demonstrates the challenge large retail tenants have had in this area. Furthermore, the site has poor pedestrian connections to existing residential uses, which is becoming increasingly important for retail centers.

Conversely, the City’s consultant noted the current high demand for industrial land in the City and the greater Bay Area, particularly for uses such as advanced manufacturing, product distribution, and last-mile strategic locations, all of which are permitted in the proposed I-T zoning district. This demand is contrasted by a low supply of available land and low vacancy rates for industrial / advanced manufacturing space in the City. The economic analysis highlights that industrial uses would be the best, most feasible use of the site, and further notes that the relative stability and strength of the industrial market would result in a high probability that the project remains financially viable for the developer in both the short and long term, with the added benefit of increased economic development opportunities for the City. Per the consultant, new industrial space at the subject site would be well-positioned to attract a diverse set of

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 6 businesses, including businesses engaged in advanced manufacturing, and warehouse and distribution activities. Because Fremont is the highest performing industrial market in the region, facilities such as this are likely to attract best-in-class end users that will add to the City’s already dynamic industrial economy.

The proposed project would be subject to development impact fees, after credits for the existing building. Under the current fee schedule, the project can be expected to pay onetime impact fees of over $65,000 for a warehouse user and over $63,000 for a manufacturing user. Year one tax revenue would be anticipated to be $123,760 for a warehouse use and $132,877 for a manufacturing use. Total tax revenues to the City over a 10- year outlook would approximate $1,308,765 for a warehouse use and about $1,402,069 for a manufacturing use.

Findings for Approval

Pursuant to FMC Section In order to approve the proposed project, it must be found to be consistent with the General Plan and Zoning Ordinance.

Based upon the above analysis, the Planning Commission recommended at the April 23, 2026, Planning Commission meeting that the City Council find that the proposed project would be in conformance with applicable standards and regulations and recommends approval of the following findings:

General Plan Amendment and Rezoning:

Pursuant to FMC Section 18.225.050, the City Council may approve or approve with modifications a proposed General Plan Amendment and Rezoning only when the following findings can be made:

(a) 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; and

(b) The proposed amendment furthers the public interest, convenience, and general welfare of the city.

Analysis: The proposed General Plan Amendment to designate the project site Tech Industrial will undo the land use designation change (to Regional Commercial) that was enacted by the 2011 General Plan Update, reverting the site back to industrial land use where it would be positioned for greater

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 7 City benefit and economic success. A land use change to Tech Industrial will facilitate a substantial rehabilitation of the site and existing building that will improve the site’s visual character and support City innovation goals and enhance its strong industrial base, providing significant jobs and tax revenues. Public improvements such as fully redeveloped sidewalks and a new traffic signal are consistent with City welfare and interests.

The corresponding Rezoning from Regional Commercial (C-R) to the proposed Tech Industrial (I-T) designation supports and recognizes the essential role in the Silicon Valley economy and the high volume of business- to-business sales tax to the City that flexible industrial developments, such as those supported by the proposed project, contribute. Additionally, the proposed Rezoning will improve an under-utilized, tenant-less site that is not well positioned to attract new local- or regional-serving retail-commercial development due to a number of factors including the rise of e- commerce and the presence of established regional shopping venues in close proximity to the site, namely Pacific Commons and Downtown Fremont.

Discretionary Design Review:

Pursuant to FMC 18.235.060, the City Council may approve, conditionally approve, or deny an application for discretionary design review. The City Council shall approve or conditionally approve an application for discretionary design review only when all of the following findings can be made:

(a) The proposed project is consistent with the general plan, any applicable community or specific plan, planning and zoning regulations, and any adopted design rules and
guidelines;

Analysis: The proposed General Plan Amendment to designate the project site Tech Industrial will establish industrial land use allowances. The Rezoning from Regional Commercial to the proposed Tech Industrial designation, would establish industrial development standards consistent with the Tech Industrial zoning designation. As described in the staff report, the proposed project, which includes modification to the site’s building and surface features, would conform to the Tech Industrial development standards and the Citywide Design Guidelines.

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 8 (b) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means;

Analysis: The proposed project is consistent with the Citywide Design Guidelines as described in the staff report.

(c) The multifamily residential project’s architectural, site, and landscape design will not be detrimental to the public health or safety; or a non-multifamily project’s
architectural, site, and landscape design will not
unreasonably interfere with the use and enjoyment of
adjacent development nor be detrimental to the public
health, safety, or welfare;

Analysis: As described in the staff report, the proposed project would not unreasonably interfere with the use and enjoyment of adjacent development nor would it be detrimental to public health, safety, or welfare. The project site is located within an industrial area with existing industrial uses. City transportation engineers have reviewed the project’s truck turning templates and found the truck routes into and out of the site to be adequate. The project site contains sufficient parking for the potential uses under the Fremont Municipal Code. The project would be subject to City standard requirements related to noise, odors, vibration, and lighting. Improved pedestrian facilities along Osgood Road and new landscaping would enhance the site overall.

Tree Removal:

Pursuant to FMC Section 18.215.070, the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:

(a) Development project plans currently filed for the lot indicate that it is necessary to damage, remove, or
relocate the trees to enable reasonable and
conforming use of the property or to achieve a superior project; and the trees cannot be preserved or left
undamaged by a reasonably required redesign of the
project.

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 9 Analysis: The project had an arborist report prepared which identified trees that would need to be removed to allow implementation of the proposed project. The species, diameter, and health of each tree on the site was documented. Those trees slated for removal were either within the footprint of development or were not good candidates to preserve. The proposed project would include substantial landscaping, including planting new trees throughout the site.

Fiscal Impact: This project would be subject to citywide Development Impact Fees, including fees for fire protection, capital facilities, and traffic facilities. The project would also be subject to the commercial linkage affordable housing fees applicable to non-residential development. All applicable fees would be calculated and paid at the fee rates in effect at the time of building permit issuance.

Environmental Review: An Initial Study was prepared by consulting firm LSA for the project in accordance with the requirements of the California Environmental Quality Act (CEQA) (see Informational Item #1). The analysis was informed by a number of peer-reviewed technical studies, including those pertaining to air quality and greenhouse gases, biological resources, cultural resources, geotechnical analysis, a Phase I environmental site assessment, and transportation impacts. The Initial Study demonstrated that the project would not have a significant impact on the environment under CEQA, and that all potentially significant impacts are sufficiently addressed by the standard development requirements for resource protection adopted in the zoning ordinance. No mitigation measures were deemed necessary for project implementation. Accordingly, staff recommends adoption of the Negative Declaration attached as Exhibit A, with findings as specified in the Resolution attached as Exhibit B.

ATTACHMENTS:
• PLN2025-00100 Exhibit A - Negative Declaration and Initial Study • PLN2025-00100 Exhibit B - General Plan Amendment
• PLN2025-00100 Exhibit B - General Plan Amendment Resolution • PLN2025-00100 Exhibit C - Rezoning
• PLN2025-00100 Exhibit C - Rezoning Ordinance
• PLN2025-00100 Exhibit D - Project Plans
• PLN2025-00100 Exhibit E - Findings and Conditions of Approval

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Council Staff Report (ID # 5745) Meeting of June 9, 2026 Updated: 6/5/2026 10:54 AM by Alberto Quintanilla Page 10 • PLN2025-00100 Informational 1 - Market Assessment and Economic Benefits Analysis for Change of Use at 43800 Osgood
• PLN2025-00100 Informational 2 - PC Staff Report
• PLN2025-00100 Osgood Rd GPA Power Point

Recommendation: Staff and the Planning Commission recommend that the City Council:

1. Adopt a Resolution adopting the Negative Declaration and adopting the General Plan Amendment, each attached thereto, and making specified findings, and

2. Waive first reading and introduce an Ordinance approving the Rezoning of the project site, and the Project Plans based on the findings and subject to the conditions of approval.

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February 2026

INITIAL STUDY /

NEGATIVE DECLARATION

43800 OSGOOD ROAD PROJECT
(PLN2025- 00100)

FREMONT, CALIFORNIA

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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) February 2026

INITIAL STUDY /

NEGATIVE DECLARATION

43800 OSGOOD ROAD PROJECT

FREMONT, CALIFORNIA

Submitted to:

City of Fremont
Community Development Department
39550 Liberty Street
Fremont, California 94538

Prepared by:

LSA
6001 Shellmound Street, Suite 425
Emeryville, California 94608
(510) 236-6810

Project No. CFR2002.23

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TABLE OF CONTENTS
TABLE OF CONTENTS ................................ ................................ ................................ ..................... i FIGURES AND TABLES................................ ................................ ................................ .................... ii LIST OF ABBREVIATIONS AND ACRONYMS ................................ ................................ ..................... iii

1.0 PROJECT INFORMATION .......................................................................... 1-1

2.0 PROJECT DESCRIPTION ............................................................................ 2-1

2.1 Project Location................................ ................................ ................................ ........ 2-1

2.2 Proposed Project ................................ ................................ ................................ ...... 2-5

2.3 Required Permits and Approvals ................................ ................................ .............. 2-23

3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED.................................... 3-1

4.0 CEQA ENVIRONMENTAL CHECKLIST ........................................................... 4-1

4.1 Aesthetics ................................ ................................ ................................ ................ 4-1

4.2 Agriculture and Forestry Resources................................ ................................ ............ 4-5

4.3 Air Quality ................................ ................................ ................................ ................ 4-7

4.4 Biological Resources................................ ................................ ................................ 4-16

4.5 Cultural Resources ................................ ................................ ................................ .. 4-22

4.6 Energy................................ ................................ ................................ .................... 4-25

4.7 Geology and Soils................................ ................................ ................................ .... 4-29

4.8 Greenhouse Gas Emissions ................................ ................................ ...................... 4-36

4.9 Hazards and Hazardous Materials ................................ ................................ ............ 4-44

4.10 Hydrology and Water Quality ................................ ................................ .................. 4-51

4.11 Land Use and Planning ................................ ................................ ............................ 4-63

4.12 Mineral Resources ................................ ................................ ................................ .. 4-66

4.13 Noise ................................ ................................ ................................ ..................... 4-67

4.14 Population and Housing ................................ ................................ .......................... 4-73

4.15 Public Services ................................ ................................ ................................ ........ 4-74

4.16 Recreation................................ ................................ ................................ .............. 4-78

4.17 Transportation................................ ................................ ................................ ........ 4-79

4.18 Tribal Cultural Resources ................................ ................................ ......................... 4-86

4.19 Utilities and Service Systems ................................ ................................ ................... 4-91

4.20 Wildfire ................................ ................................ ................................ .................. 4-95

4.21 Mandatory Findings of Significance ................................ ................................ .......... 4-97

5.0 LIST OF PREPARERS ................................................................................. 5-1

5.1 City of Fremont................................ ................................ ................................ ......... 5-1

5.2 LSA................................ ................................ ................................ ........................... 5-1

6.0 REFERENCES .......................................................................................... 6-1

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FIGURES AND TABLES

FIGURES
Figure 2-1: Regional Location and Project Vicinity Map ................................ ................................ 2-3 Figure 2-2: Aerial Photograph of the Project Site and Surrounding Land Uses ................................ 2-7 Figure 2-3: Proposed Site Plan ................................ ................................ ................................ .. 2-11 Figure 2-4: Proposed Landscape Plan ................................ ................................ ........................ 2-15 Figure 2-5: Proposed Lighting Plan ................................ ................................ ............................ 2-19 Figure 2-6: Proposed Utility Plan................................ ................................ ............................... 2-21 Figure 2-7: Proposed Infrastructure and Circulation Improvements ................................ ............ 2-25 Figure 2-8: Proposed Grading and Drainage Plan ................................ ................................ ....... 2-27

TABLES
Table 2.A: Surrounding Land Uses and Setting ................................ ................................ ............. 2-9 Table 2.B: Potential Permits and Approvals ................................ ................................ ............... 2-29 Table 2.C: Applicable City of Fremont Standard Development Requirements .............................. 2-29 Table 4.3.A: Project Construction Emissions (in Pounds Per Day) ................................ ................ 4-12 Table 4.3.B: Project Operational Emissions................................ ................................ ................ 4-13 Table 4.6.A: Estimated Annual Energy Use of Proposed Project ................................ .................. 4-26 Table 4.8.A: Project Compliance with the Climate Ready Fremont GHG Reduction Measures ....... 4-39

APPENDICES
A: AIR QUALITY, ENERGY, AND GREENHOUSE GAS TECHNICAL MEMORANDUM B: ARBORIST REPORT
C: GEOTECHNICAL ENGINEERING INVESTIGATION
D: TRANSPORTATION ANALYSIS
E: TRANSPORTATION DEMAND MANAGEMENT PLAN
F: VEHICLE MILES TRAVELED ANALYSIS
G: TRANSPORTATION PEER REVIEW

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LIST OF ABBREVIATIONS AND ACRONYMS
AAQS Ambient Air Quality Standards
AB Assembly Bill
ABAG Association of Bay Area Governments
AC Transit Alameda-Contra Costa Transit District
ACE Altamont Commuter Express
ACFCWCD Alameda County Flood Control and Water Conservation District ACWD Alameda County Water District
ADA Americans with Disabilities Act
Air District Bay Area Air District
APN Assessor’s Parcel Number
BART Bay Area Rapid Transit
Basin Plan Water Quality Control Plan
BIA Bureau of Indian Affairs
BMP best management practice
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA California Occupational Safety and Health Administration CAL-ARP California Accidental Release Program
CalEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
CAP Climate Action Plan
CARB California Air Resources Board
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CERS California Environmental Reporting System
CGP Construction General Permit
CGS California Geological Survey

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CHRIS California Historical Resources Information System City City of Fremont
CNEL community noise equivalent level
CNPS California Native Plant Society
CO carbon monoxide
CO2 carbon dioxide
CO2e CO2 equivalents
CRPR California Rare Plant Rank
CTC County Transportation Commission
CUPA Certified Unified Program Agency
CWA Clean Water Act
dB decibel
dBA A-weighted sound level
DBH diameter at breast height
DDT dichlorodiphenyltrichloroethane
DIR California Department of Industrial Relations
DMA Drainage Management Area
DOC California Department of Conservation
DOSD Division of Safety of Dams
DOSH Division of Occupational Safety and Health
DTSC Department of Toxic Substances Control
DWR Department of Water Resources
EO Executive Order
EV electric vehicle
EVSE electric vehicle supply equipment
FAR Floor Area Ratio
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FMC Fremont Municipal Code
FUSD Fremont Unified School District

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GSA Groundwater Sustainability Agency
GWh gigawatt-hours
GWP global warming potential
HASP Health and Safety Plan
HazMat Hazardous Materials
HCP Habitat Conservation Plan
HFCs hydrofluorocarbons
HMBP Hazardous Materials Business Plan
HMMP Hazardous Materials Management Plan
HVAC heating, ventilation, and air conditioning
I-680 Interstate 680
I-880 Interstate 880
IPaC Information for Planning and Consultation
kWh kilowatt-hours
Ldn day-night average noise level
LED light-emitting diode
Leq equivalent continuous sound level
LID Low Impact Development
Lmax maximum instantaneous noise level
LOS Level of Service
LUST leaking underground storage tank
MRP Municipal Regional Stormwater NPDES Permit
MS4 Municipal Separate Storm Sewer System
Mw moment magnitude
N2O nitrous oxide
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NESHAPS National Emission Standards for Hazardous Air Pollutants NO2 nitrogen dioxide
NOx nitrogen oxides

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O3 ozone
OPR Office of Planning and Research
OSHA Occupational Safety and Health Administration
Pb lead
PCBs polychlorinated biphenyls
PFCs perfluorocarbons
PG&E Pacific Gas and Electric Company
PM10 particulate matter less than 10 microns in size
PM2.5 particulate matter less than 2.5 microns in size
POTWs publicly owned treatment works
PRC Public Resources Code
PRDs Permit Registration Documents
project 43800 Osgood Road Project
RCRA Resource Conservation and Recovery Act
RMP Risk Management Plan
ROG reactive organic gases
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCP Site Cleanup Program
SDSs Safety Data Sheets
SF6 sulfur hexafluoride
SFPUC RWS San Francisco Public Utilities Commission Regional Water System SGMA Sustainable Groundwater Management Act
SJC San Jose International Airport
SLF Sacred Lands File
SMARTS Stormwater Multiple Application and Report Tracking System SO2 sulfur dioxide
SWP State Water Project
SWPPP Stormwater Pollution Prevention Plan
SWQCP Stormwater Quality Control Plan

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TAC toxic air contaminant
TDF Travel Demand Forecast
TDM Transportation Demand Management
TMDL Total Maximum Daily Load
USD Union Sanitary District
USDOT United States Department of Transportation
USEPA United States Environmental Protection Agency
USGS United States Geological Survey
UST underground storage tank
UWMP Urban Water Management Plan
VHFHSZ very high fire hazard severity zone
VMT vehicle miles traveled
Water Board San Francisco Bay Regional Water Quality Control Board WDID Waste Discharge Identification Number
ZEV zero emission vehicle

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1.0 PROJECT INFORMATION

1. Project Title:
43800 Osgood Road Project
(PLN2025-00100)

2. Lead Agency Name and Address:

City of Fremont
Community Development Department
39550 Liberty Street
Fremont, California 94538

3. Contact Person and Phone Number:

Marc Cleveland, Associate Planner
(510) 494-4543

4. Project Location:
43800 Osgood Road
Fremont, California 94539

5. Project Sponsor’s Name and Address:

Mark Loper
Reuben, Junius & Rose, LLP
One Bush Street, #600
San Francisco, California 94101

6. General Plan Designation:

Existing: Regional Commercial
Proposed: Tech Industrial

7. Zoning:

Existing: Commercial-Regional (C-R)
Proposed: Tech Industrial (I-T)

8. Description of Project:

The project site is currently developed with an approximately 143,815-square-foot, 37-foot-tall commercial structure and an associated 365 auto space and 62 trailer space surface parking lot formerly occupied by Fry’s Electronics, a retail-commercial operator. The proposed project would include a change in use from retail to industrial uses and associated improvements to the existing commercial structure and surrounding surface area to accommodate proposed industrial operations. The proposed improvements would include interior and exterior improvements and updates to the existing structure, including demolishing existing tenant improvement features; replacing the existing roof; upgrading power service to the building; the

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 1-2 addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the existing building; new loading and receiving docks and drive-in doors; and façade design improvements. No changes to the height or footprint are proposed.

The proposed project would include up to 18 docking doors and 3 drive-in doors on the building’s south elevation. In addition, it would include minor modifications to the parking layout to provide separate trailer and auto stalls. The southern portion would also accommodate outdoor storage that would be used for equipment, merchandise, container, and trailer storage. The proposed project would include site improvements such as internal grading, paving, and landscaping.

9. Surrounding Land Uses and Setting:

The 11.2-acre project site is at 43800 Osgood Road in Fremont, Alameda County, California. The project site is bounded by industrial uses and outdoor vehicle storage and surface parking accessed via Cormack Road to the north, Interstate 680 (I-680) to the east, Auto Mall Parkway to the south, and Osgood Road to the west. The nearest arterial streets to the project site include Auto Mall Parkway and Osgood Road, located directly south and west of the project site, respectively. The project site is surrounded by industrial uses to the north. Across I-680 to the east, a partially built mixed-use structure exists followed by undeveloped land. A residential neighborhood is located to the southeast, across I-680, and a mix of commercial uses and undeveloped land are located directly to the south, across Auto Mall Parkway. To the west across Osgood Road are a mix of commercial and industrial uses.

10. Other Public Agencies Whose Approval is Required (e.g., permits, ﬁnancial approval, or participation agreements):

Refer to Table 2.B, Potential Permits and Approvals.

11. Have California Native American tribes traditionally and culturally aﬃliated with the project area requested consultation pursuant to Public Resource Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of signiﬁcance of impacts to tribal cultural resources, procedures regarding conﬁdentiality, etc.? The proposed project would require a General Plan Amendment and Rezoning from Regional Commercial to Tech Industrial (I-T) and is therefore subject to Senate Bill (SB) 18 in addition to Assembly Bill (AB) 52 (Public Resources Code Section 21080.3.1). Consultation efforts conducted under SB 18 and AB 52 are described below.

The City sent a Consultation Request Form to the NAHC on April 22, 2024, and on February 24, 2025, the NAHC responded to the City’s request with a consultation list and a letter indicating that a Sacred Lands File (SLF) check for the project site was negative.

On August 4, 2025, the City sent formal notices for both SB 18 and AB 52 to the 27 tribal representatives from California Native American tribes that are traditionally and culturally affiliated with the geographic area of the project site, as identified by the NAHC. The letters were sent via email.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) The City received four responses to the consultation requests:
• On August 4, 2025, representatives from the Muwekma Ohlone Tribe requested ongoing consultation and provided attachments consisting of a formal consultation request, historic and legal documentation about the history and heritage of the Tribe, and examples of previous cultural resource management work. On August 7, 2025, the City responded asking for confirmation that the tribe was formally requesting consultation, providing a brief description of the project, and asking if the tribe needed additional details. On August 7, 2025, representatives from the Muwekma Ohlone Tribe confirmed that the tribe would like to engage in the consultation process for the proposed project, provided background information on a different project where tribal cultural resources were discovered, asked if the proposed project would include utility trenching or other subsurface excavations, requested the results of the CHRIS record search conducted for the proposed project, and informed the city that the Muwekma Ohlone tribe is the only Bureau of Indian Affairs documented Ohlone tribe of the greater San Francisco Bay Area for inclusion in the City's administrative files. • On August 5, 2025, representatives from the Lisjan Nation requested consultation on the proposed project, the results of the SLF search, CHRIS records search, and any cultural resource reports prepared for the proposed project. On August 7, 2025, the City responded, providing the NAHC SLF Search results), a brief description of the project, and a link to the City of Fremont standard development requirements which address cultural and tribal cultural resource protection. No further communication was received.
• On August 8, 2025, a different representative of the Muwekma Ohlone tribe responded to the City’s notice, offering services if requested by the City. • On August 12, 2025, representatives of the Wilton Rancheria tribe responded to the City’s notice, declining consultation, but requesting notification if there were to be any project updates or changes.
• On August 13, 2025 representatives of the Tamien Nation requested formal consultation and provided two documents, requesting that they be referenced in all future correspondence. The provided documents requested consultation on topics including alternatives to the project, recommended mitigation measures, significant effects of the project, type of environmental review necessary, significance of tribal cultural resources, including any regulations, policies, or standards used to determine significance, and the project's significance of impacts on tribal cultural resources. The attached documents also requested CHRIS record search results, SLF search results, and the geotechnical report prepared for the project site. The Tribe also requested inclusion of key personnel on all correspondence, and provided the below recommended measures for preservation or mitigation:

1. Avoidance and preservation of the resources in place, pursuant to Public Resources Code section 21084.3, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks or

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 1-4 other open space, to incorporate the resources with culturally appropriate protection and management criteria;

2. Treating the resources with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resources, including but not limited to the following:
a. Protecting the cultural character and integrity of the resource; b. Protection the traditional use of the resource; and
c. Protecting the confidentiality of the resource

3. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.

4. Protecting the resource.

No further communication was received, and the City considers consultation concluded under AB 52 and SB 18.

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2.0 PROJECT DESCRIPTION
The following includes a description of the proposed project’s location, existing site characteristics, implementation actions, required approvals, and entitlements.

2.1 PROJECT LOCATION
The following describes the precise location and boundaries of the project site, including its geographic context, and provides a brief overview of the existing land uses within and in the vicinity of the project site.

2.1.1 Regional Location and Access
The project site is located at 43800 Osgood Road in Fremont, Alameda County, California, on an approximately 11.2-acre site (Assessor’s Parcel Numbers [APN] 513-0701-017, and -18). The project site is bounded by industrial uses and outdoor vehicle storage and surface parking accessed via Cormack Road to the north, Interstate 680 (I-680) to the east, Auto Mall Parkway to the south, and Osgood Road to the west. The nearest arterial streets (both “primary”) to the project site include Auto Mall Parkway and Osgood Road, located directly south and west of the project site, respectively.
1 Figure 2-1: Regional Location and Project Vicinity depicts the project site’s location within the region.

Interstate 880 (I-880) and I-680 facilitate regional access to the project site. I-880, a north-south freeway, provides regional access to the project site at the I-880 and Auto Mall Parkway interchange, located approximately 1.3 miles west of the project site. I-680, a north to south regional highway, runs directly adjacent to the eastern boundary of the project site, and provides direct access to the project site via the Auto Mall Parkway interchange immediately south of the project site. Local access to the project site is available via two existing driveways off Osgood Road, on the western boundary of the project site. In addition, the project site is approximately 0.8 miles northwest of the Bay Area Rapid Transit (BART) Warm Springs/South Fremont Station.

2.1.2 Site Characteristics and Current Site Conditions
The existing project site is relatively level and gently slopes from south to north and northwest towards Osgood Road along the western boundary of the project site, with approximately 2 percent slopes. The project site is currently developed with an approximately 143,815-square-foot, 37-foot- tall commercial structure and an associated 365 auto space and 62 trailer space surface parking lot formerly occupied by Fry’s Electronics. The property has been vacant since 2021. The project site is almost entirely covered in impervious surfaces, with 384,141 square feet of impervious area out of 488,285 square feet.

1 City of Fremont. 2011. City of Fremont General Plan Mobility Element. Website: https://www.fremon t. gov/home/showpublisheddocument/779/637750630784670000 (accessed February 23, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) The eastern, southern, and western boundaries of the project site are lined with ornamental vegetation, including several different types of trees. In addition, portions of the surface parking lot include a variety of vegetation and trees. In total, the project site contains 133 trees of 17 different species. 2

2.1.3 General Plan and Zoning Designation
According to the City’s General Plan Land Use Diagram, the project site has an existing land use designation of Regional Commercial.3 The Regional Commercial Land Use designation is intended for large-scale commercial uses serving a citywide or regional market typically on large sites along freeways or major arterials. Parcels with this designation usually have large floor areas and high sales volumes, and the permitted Floor Area Ratio (FAR) in these areas is 0.30. The City’s Zoning Map designates the project site as Commercial-Regional (C-R). The C-R zoning designation is intended to provide locations for national retailers, large format retailers, hotels, auto sales and similar uses which serve the residents of the city and the region. See Section 2.2.2 for proposed zoning and land use designation.

2.1.4 Surrounding Land Uses
The project site is surrounded by industrial uses to the north. Across I-680 to the east, a partially built mixed-use structure exists followed by undeveloped land. A residential neighborhood is located to the southeast, and a mix of commercial uses and undeveloped land are located directly to the south. To the west across Osgood Road are a mix of commercial and industrial uses. Table 2.A:

Surrounding Land Uses and Setting summarizes the existing land uses, General Plan designations, and zoning on the project site and surrounding properties and Figure 2-2: Aerial Photograph of the Project Site and Surrounding Land Uses depicts the project site’s surrounding land uses.

2.2 PROPOSED PROJECT
The proposed project would include a change in use from retail to industrial uses and associated improvements to the existing commercial structure and surrounding surface area. The proposed improvements would include interior and exterior improvements and updates to the existing structure including demolishing existing tenant improvement features; replacing the existing roof; upgrading power service to the building; the addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the existing building; new loading and receiving docks and drive-in doors; and façade design improvements. No changes to the height or footprint are proposed.

2 SBCA Tree Consulting. 2024. 43800 Osgood Road Tree Inventory . September 27. 3 City of Fremont. 2019. City of Fremont General Plan Land Use Diagram. December 17. Website:
https://www .fremont.gov/home/showpublisheddocument/803/637750630865770000 (accessed July 17, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26) Table 2.A: Surrounding Land Uses and Setting
Direction Existing Land Use General Plan Designation Zoning Project Site Existing commercial
building
Regional Commercial : allows for
large-scale commercial uses
serving a citywide or regional
market, typically on large sites
along freeways or maj or arterials.

Land uses with this designation
normally have large floor areas,
with a permitted FAR of 0.3.

Commercial-Regional (C-R):
provides locations for national
retailers, large format retailers,
hotels, auto sales and similar uses
which serve the residents of the
city and the region.

North Industrial uses and
surface parking lot, with
access via Cormack Road.

Service Industrial: allows for a
variety of industrial uses which are
generally oriented toward local
businesses and residents, often
located on the perimeter of a
City’s larger industrial districts,
with a permitted FAR of 0.35.

Service-Industrial (I-S): provides
locations for industrial uses which
are generally oriented toward
serving local businesses
and residents and can operate in
proximity to commercial and
residential uses with a minimum of
adverse effects.

East I-680; followed by a
partially-built structure
and open space.

General Commercial: allows low-
scale commercial, service, and
office uses located along the City’s
arterials and collector streets, with
a permitted FAR ranging from 0.3
for non-residential projects up to

0.8 for mixed-use projects.

Planned Development District (P-
2013-201; P-2006-153): provides a
means for effectuating desirable
development, redevelopment,
rehabilitation and conservation in
the city, which features variations
in siting, mix of land uses and/or
varied dwelling types.

South Auto Mall Pkwy,
commercial uses , and
undeveloped land. To the
southeast, residential
uses.

Regional Commercial (south);
Hillside Residential (southeast):
allows for single -family lots, hobby
farms, estates, open space , and
other residential uses with lots
under 20,0000 square feet and
between 8.7 units 2.3 units per net
acre.

Commercial-Regional (C-R) (south);
Hillside Overlay (H -I) (southeast):
promotes and encourages the
orderly and safe development
of hillside areas of the city by the
application of regulations and
requirements established to meet
the particular problems and
challenges associated with
development of hillside areas.

West Osgood Road followed by
industrial uses.

Service Industrial Service-Industrial (I-S)
Sources: City of Fremont. Fremont General Plan Land Use Diagram. December 17, 2019.

City of Fremont. City of Fremont – Zoning Atlas, Page 578 -C-372. January 1, 2025.

City of Fremont. Fremont General Plan Land Use Element. December, 2011.

City of Fremont. City of Fremont – Zoning Code.

The proposed project would include up to 18 docking doors and 3 drive-in doors on the building’s south elevation. In addition, it would include minor modifications to the parking layout to provide separate trailer and auto stalls. The southern portion would also accommodate outdoor storage that would be used for equipment, merchandise, container, and trailer storage. Figure 2-3: Proposed Site Plan depicts the proposed improvements to the existing site. The following is a description of the proposed improvements that would be required to facilitate the proposed change in use.

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FEET
60300
FIGURE 2-3
I:\C\CFR2002.23\G\Site_Plan.ai (7/18/2025)
43800 Osgood Road Project
Proposed Site Plan

PARKING
NO

PARKING
NO
Owner:

Project:

Consultants:

HPA Inc.
18831 Bardeen Avenue, Ste.100
Irvine, CA 92612
Tel : 949-863-1770
E-Mail : [email protected]
302 DATURA ST. SUITE 100
WEST PALM BEACH, FL 33401
Tel : 561.812.7472
43800 OSGOOD
ROAD
CIVIL

STRUCTURAL

MECHANICAL

PLUMBING

ELECTRCIAL

LANDSCAPE
FIRE
SOILS

KIER & WRIGHT
-
-
-
-

GREEN DESIGN
-
-
TITLE
Project Number:

Drawn By:

Date:
24314
ST
11/12/2024
Revision:

Sheet:

CAUTION : IF THIS SHEET IS NOT 30"X42" IT IS A REDUCED PRINT Fremont, CA
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CLIMATE READY FREMONT PLAN (FREMONT’S LOCAL CLIMATE ACTION PLAN) IS CURRENTLY IN EFFECT.

PROJECT TO COMPLY WITH CLIMAT ACTION PLAN (CAP)

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2.2.1 General Plan Amendment and Rezoning
The proposed project would require a General Plan Amendment to revise the General Plan designation on the project site from Regional Commercial to Industrial-Tech, and a corresponding change in the zoning designation from Commercial-Regional to Tech-Industrial (I-T). As described in the City’s General Plan, the Tech-Industrial land use applies to areas used for research and development, “clean and green” tech, and semi-conductor, computer hardware, software and related technological, administrative, sales, and engineering facilities, as well as warehousing, wholesaling, and distribution facilities. Similarly, as described in Section 18.50.010 of the City’s Zoning Code, the Tech-Industrial zoning designation implements the Industrial-Tech General Plan designation and applies to the same areas. Within this district, certain hazardous material uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials are regulated to minimize potential for off-site impacts. The Tech-Industrial zoning designation requires a lot area larger than 20,000 square feet, a lot width larger than 70 feet, a maximum building height of 75 feet, 15-foot front yard and street side yard setbacks, and no interior or rear yard setbacks.

2.2.2 Vehicle Access, Site Circulation, and Parking
Vehicular access to the project site, including emergency vehicles, would be provided via two existing driveways from Osgood Road, both approximately 35 feet wide, located at the western boundary of the proposed project site. The proposed project would include a total of 365 auto parking stalls, 62 trailer parking stalls, and 44 bicycle rack parking stalls. Of the auto parking provided, 75 stalls would be electric vehicle (EV) capable, 4 stalls would be auto accessible, and 4 stalls would be van accessible. Of the 75 EV capable stalls, 56 stalls would not include electric vehicle supply equipment (EVSE), 17 stalls would include EVSE, one stall would be auto accessible, and one stall would be van accessible. The proposed project would meet the required number of parking spaces, as required by Table 18.183.030, Required Parking Spaces, of the Fremont Municipal Code, at 3.3 parking spaces for 1,000 square feet.
4 Truck access to the project site would be
provided via the existing City of Fremont truck routes on I-680.5

2.2.3 Landscaping
According to the preliminary landscape plan the proposed project would include new landscaping within new interior parking areas as well as along on the eastern, southern, and western boundaries of the project site. It is the intent to provide a solid evergreen screen from public right-of-way along the east and south landscape setbacks. New and revitalized landscape is proposed along the frontage of the project on Osgood Road with colorful and enhanced planting at entries to define entry points to the site. Figure 2-4: Proposed Landscape Plan illustrates the proposed landscaping.

4 City of Fremont. 2025. City of Fremont Municipal Code. T able 18.183.030 - Required Parking Spaces.

Website: https://www .codepublishing.com/CA/Fremont/#!/html/Fremont18/Fremont18183.html (accessed July 23, 2025) .
5 City of Fremont. n.d. Fremont Police Department. Truck Routes and Enforcement Regulations, City of Fremont Truck Route Map. Website: https://www .fremontpolice.gov/about-us/patrol-division/traﬃc - unit/truck-routes-and-enforcement-regulations (accessed July 25, 2025).

5.B.a
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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning)

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-14 This page intentionally left blank

5.B.a
Packet Pg. 127
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) SOURCE: Green Design Landscape Architects, Inc
FEET
150750
FIGURE 2-4
I:\C\CFR2002.23\G\Landscape_Plan.ai (7/21/2025)
43800 Osgood Road Project
Proposed Landscape Plan

PARKING
NO

PARKING
NO
PARCEL 1

AUTO MALL PARKWAY
HIGHWAY 680

7.0'

9.5'7.0'

9.5'

7.0'

10.5'

6.0'

7.0'
M
M

M M M M M M M
M M M
M
M
M
M
M

M M M M

15.9'

11.6'
M MM

20.0'
M
M
M
M
M
MM
M
M
MM
M
M
M
MM
M
M
M
M

16.3'
M
M
M M

18.7'
LOW TO MEDIUM SHRUBS FLOWERING w/ ACCENT PERENNIALS & GRASSES w/ BARK MULCH

PROJECT ACCENT PLANTING FLOWERING SHRUBS & GROUND-COVERS,

PERENNIAL ACCENT, BARK MULCH & BOULDER ACCENTS

PG & E COMPLIANT MEDIUM BROADLEAF EVERGREEN
TREE - HARDY RED OLEANDER STD. TRUNK, SONORAN

PALO VERDE, STAR MAGNOLIA, LEATHER OAK

LANDSCAPE LEGEND

BIOFILTRATION SOD PER DELTA
BLUEGRASS CO.

CREPE MYRTLE - FLOWERING ACCENT
TREE

EXISTING LANDSCAPE TO REMAIN

CHINESE PISTACHE - LARGE DECIDUOUS

SHADE TREE

EXISTING TREE TO REMAIN - SEE SHEET
LC1.2 FOR EXISTING TREE INFO
M

TREE COUNTED AS MITIGATION TREE - SEE SHEET
LC1.2 FOR MITIGATION CALCULATIONS
LARGE EVERGREEN SCREEN SHRUBS MIN 6' HEIGHT w/ BARK MULCH

PRELIMINARY LANDSCAPE PLAN
SCALE: 1" = 60'-0"
LC1.1

SHEET NUMBER

REVISIONS
CIVIL:

CONSULTING ENGINEERS
KEIR + WRIGHT
3850 COLLIER CANYON ROAD
LIVERMORE, CA 94551
925-245-8788
EXISTING BUILDING RENOVATION PROJECT:
2000 POWELL ST SUITE 305
EMERYVILLE, CA 94608
(P) 650-288-1305
WWW.ARCOMURRAY.COM

DESIGN BUILDER
SET: 09/19/2024
43800 OSGOOD ROAD

FREMONT, CALIFORNIA
CLIENT: SCLP I FREMONT, LLC
302 DATURA ST, STE 100, WEST PALM BEACH, FL 33401
JOB NO:

PE: XXX
XXX
LANDSCAPE: GREEN DESIGN LANDSCAPE
1464 POPINJAY DRIVE
RENO, NEVADA 89506




No. 4511
Signature
Renewal Date
Date

LICENSED

LANDSCAPE ARCHITECT

STATE OF CAL I FORNIA
BARBARA M. HATCH
1 CITY COMMENTS 2-13-25
2 CITY COMMENTS 5-9-25
BARK MULCH AREA 3'' MIN. DEPTH OF SHREDDED CEDAR OR FIR BARK CONTACT LANDSCAPE ARCHITECT IF PLANTING REQUIRES CLARIFICATION.

RE-SPACED IN VICINITY OF UTILIY TO ACCOMODATE SCREENING.

PLANTINGS PER PLAN SHALL BE UTILIZED. PLANTS MAY BE

UTILITIES FROM PUBLIC STREETS AND PARKING AREAS

PLANTS AROUND ABOVE GROUND UTILITIES TO SCREEN

THE LANDSCAPE CONTRACTOR SHALL FIELD PLACE
AFTER PLACEMENT AND CONSTRUCTION OF UTILITY.

NOTE:

INSTALL 2" X 6' RECYCLED PLASTIC HEADER AT EDGE OF ALL SEEDED/SOD AREAS NOT ADJACENT TO BACK OF CURB. HEADER STAKED PER MFG. DIRECTIONS AND SPECIFICATIONS. HEADER SHALL BE EARTHTONE COLORING AND FLEXIBLE TO MAKE SWEEPING CURVES AS SHOWN ON THE PLANS. HEADER SHALL BE INSTALLED 112" ABOVE FINISHED GRADE. SPREAD BARK OR ROCK MULCH AT EDGE TO MATCH HEADER HEIGHT. SUBMIT SAMPLE FOR APPROVAL.

AUTOMATIC CONTROLLER W/ ET DATA, REPEAT CYCLING

IRRIGATION ZONES PER PLANT WATER REQUIREMENTS

RAIN SENSOR TO BE SPECIFIED

WATER EFFICIENT LANDSCAPE REQUIREMENTS

SOIL AMENDMENTS TO BE INCORPORATED

PLANTER SURFACE AREAS TO BE MULCHED

WATER USAGE TO MEET STATE WATER EFFICIENT LANDSCAPE STANDARD MULCH
PARKINSONIA PRAECOX SONORAN PALO VERDE 24" BOX. or B&B ,L 20' X 20' PRELIMINARY PLANT LIST:

NATIVE
"N" CA
/ZONE

BOTANICAL NAME COMMON NAME SIZE WATER REGIME MATURE HABIT TREES
TRISTANIA CONFERTA BRISBANE BOX 24" BOX or B&B L 60' X 40' PISTACIA CHINENSIS CHINESE PISTACHE 24" BOX. or B&B L 35' X 25' NERIUM OLEANDER ‘HARDY RED’ HARDY RED NERIUM 24" BOX STD. TRUNK L 10' X 12' LAGERSTROMIA I. 'DYNAMITE RED' CRAPE MYRTLE 24" BOX or B&B L 15' X 10' XYLOSMA SENTICOSA SHINY XYLOSMA 5 GAL. L 8' X 8'
ELAEAGNUS X. E. 'GILT EDGE' SILVERBERRY' 5 GAL. L 10' X 10' MUHLENBERGIA RIGENS DEER GRASS 5 GAL. L 4' X 4'

GRASSES
PENNISETUM SETACEUM 'RUBRUM' PINK FOUNTAIN GRASS 5 GAL. L 3' X 2' HELICHTOTRICHON SEMPERVIRONS BLUE OAT GRASS 5 GAL. L 1' X 2' CALMAGROSTIS ACUTIFLORA FEATHEREED 5 GAL. L 1' X 2'
LOMANDRA L. 'BREEZE' BREEZE MAT RUSH 5 GAL. L 3' X 3'
OLEA 'LITTLE OLLIE' DW. OLIVE 5 GAL. L 6' X 6'
CEANOTHUS 'RAY HARTMAN' CEANOTHUS 5 GAL. L 6' X 10'
CALLISTEMON 'LITTLE JOHN' DW. BOTTLEBRUSH 5 GAL. L 3' X 4' CISTUS SALVIFOLIUS ROCK ROSE 5 GAL. L 2' X 4'
RHAMNUS CALIFORNICA COFFEE BERRY 5 GAL. L 4' X 8'
RHAMNUS F. 'MOUND SAN BRUNO' COFFEEBERRY 5 GAL. L 4' X 5' PHORMIUM SPP. NEW ZEALAND FLAX 5 GAL. L 5' X 5'
LEUCOPHYLLUM F. 'BERTSTAR DWARF' TEXAS RANGER 5 GAL. L 3' X 4' SALVIA C. 'WINNIFRED GILMAN' BLUE SAGE 1 GAL. L 4' X 4' NANDINA 'FIRE POWER' HEAVENLY BAMBOO 1 GAL. L 3' X 3'

DROUGHT TOLERANT ACCENT SHRUBS
MAHONIA REPENS CREEPING MAHONIA 5 GAL. L 3' X 3'
ROSMARINUS O. HUNTINGTON CARPET' ROSEMARY 5 GAL. L 1.5' X 4' CEANOTHUS M. 'VALLEY VIOLET' CEANOTHUS 5 GAL. L 3' X 3' CEANOTHUS CARMEL CREEPER HORZ. CARMEL CEANOTHUS 5 GAL. L 3' X 10' ACHILLEA 'MOONSHINE' YARROW 1 GAL. L 3' X 3'
GAZINIA MEXICAN PRIMROSE 1 GAL. L 1' X 2'
NEPATA CATMINT 1 GAL. L 3' X 2'
VERBENA VERBENA 1 GAL. L 1.5' X 1.5'
ZAUSCHERIA CALIFORNICA CALIFORNIA FUSCHIA 1 GAL. L 2 X 2

PERENNIALS
H X W
ORANIC RECYCLED CHIPPED WOOD MULCH- PLACE 3'' MIN. DEPTH 3/4"- 1" DIA. COLOR DARK BROWN, NO VISIBLE CONTAMINANTS

BARK MULCH-ALL PLANTERS NOT DESIGNATED FOR SOD
LANDSCAPE CALCULATIONS:

TREES REQUIRED 1 TREE /10 SPACES INTERIOR SPACES (226) = 23 REQUIRED TREES PROVIDED = 39
TREES REQUIRED 1 TREE /3 SPACES PERIMETER SPACES (131) = 44 REQUIRED TREES PROVIDED = 60
PROVIDED TREES REQUIRED STREET FRONTAGE 1/50 L.F. = 16 REQUIRED TREES PROVIDED = 22
SEE TREE MITIGATION CALCULATIONS SHEET LC1.2

EXISTING TREE TO

REMAIN - TYP
MITIGATION TREE -TYP.

SEE MITIGATION

CALCULATIONS SHEET
LC1.2

LARGE PARKING AREA
SHADE TREE - TYP.
0 30 60 120

LANDSCAPE ALONG PUBLIC STREET
MUST BE MAINTAINED BY OWNER.

REPLACE ANY MISSING OR DEAD
LANDSCAPE PLANTING - TYP.

SCREEN PLANTING

AROUND TRASH

ENCLOSURE

EXISTING TREE TO

REMAIN - TYP

EXISTING TREE TO

REMAIN - TYP

EXISTING TREE TO

REMAIN - TYP
MAGNOLIA STELLATA STAR MAGNOLIA 24" BOX or B&B M 20' X 15' QUERCUS DURATA LEATHER OAK 24" BOX or B&B VL 15' X 15'

EXISTING LANDSCAPE

TO BE REVIEWED

REGARDING

DEBRIS/TRASH

COLLECTING, FIRE
ISSUES, ETC. -TYP.

LARGE SCREEN

SHRUBS TO BE ADDED

TO EXISTING

LANDSCAPE

LARGE SCREEN SHRUBS
N ARCTOSTAPHYLOS 'HOWARD MCMINN' MANZANITA 5 GAL. L 8' X 8' CEANOTHUS 'CONCHA' CEANOTHUS 5 GAL. L 6' X 8'
ARBUTUS U. 'OKTOBERFEST' DWARF STRAWBERRY 5 GAL. L 6' X 8' N
N

OSGOOD ROAD
2 2
2 2
2 BIO- RETENTION AREAS - INSTALL 3" OF NON-DYED, NON- FLOATING, AND

NON-RECYCLED MULCH ABOVE THE TOP OF THE BSM
2 N
N
N
2 PARKING
NO

PARKING
NO

PARKING
NO
PARCEL 1

AUTO MALL PARKWAY
HIGHWAY 680

7.0'

9.5'7.0'

9.5'

7.0'

10.5'

6.0'

7.0'
M
M

M M M M M M M
M M M
M
M
M
M
M

M M M M

15.9'

11.6'
M MM

20.0'
M
M
M
M
M
MM
M
M
MM
M
M
M
MM
M
M
M
M

16.3'
M
M
M M

18.7'
LOW TO MEDIUM SHRUBS FLOWERING w/ ACCENT PERENNIALS & GRASSES w/ BARK MULCH

PROJECT ACCENT PLANTING FLOWERING SHRUBS & GROUND-COVERS,

PERENNIAL ACCENT, BARK MULCH & BOULDER ACCENTS

PG & E COMPLIANT MEDIUM BROADLEAF EVERGREEN
TREE - HARDY RED OLEANDER STD. TRUNK, SONORAN

PALO VERDE, STAR MAGNOLIA, LEATHER OAK

LANDSCAPE LEGEND

BIOFILTRATION SOD PER DELTA
BLUEGRASS CO.

CREPE MYRTLE - FLOWERING ACCENT
TREE

EXISTING LANDSCAPE TO REMAIN

CHINESE PISTACHE - LARGE DECIDUOUS

SHADE TREE

EXISTING TREE TO REMAIN - SEE SHEET
LC1.2 FOR EXISTING TREE INFO
M

TREE COUNTED AS MITIGATION TREE - SEE SHEET
LC1.2 FOR MITIGATION CALCULATIONS
LARGE EVERGREEN SCREEN SHRUBS MIN 6' HEIGHT w/ BARK MULCH

PRELIMINARY LANDSCAPE PLAN
SCALE: 1" = 60'-0"
LC1.1

SHEET NUMBER

REVISIONS
CIVIL:

DESIGN BUILDER
SET: 09/19/2024
43800 OSGOOD ROAD

FREMONT, CALIFORNIA
CLIENT: SCLP I FREMONT, LLC
302 DATURA ST, STE 100, WEST PALM BEACH, FL 33401
JOB NO:

LICENSED

LANDSCAPE ARCHITECT

RE-SPACED IN VICINITY OF UTILIY TO ACCOMODATE SCREENING.

PLANTINGS PER PLAN SHALL BE UTILIZED. PLANTS MAY BE

UTILITIES FROM PUBLIC STREETS AND PARKING AREAS

PLANTS AROUND ABOVE GROUND UTILITIES TO SCREEN

THE LANDSCAPE CONTRACTOR SHALL FIELD PLACE
AFTER PLACEMENT AND CONSTRUCTION OF UTILITY.

NOTE:

AUTOMATIC CONTROLLER W/ ET DATA, REPEAT CYCLING

IRRIGATION ZONES PER PLANT WATER REQUIREMENTS

RAIN SENSOR TO BE SPECIFIED

WATER EFFICIENT LANDSCAPE REQUIREMENTS

SOIL AMENDMENTS TO BE INCORPORATED

PLANTER SURFACE AREAS TO BE MULCHED

WATER USAGE TO MEET STATE WATER EFFICIENT LANDSCAPE STANDARD MULCH
PARKINSONIA PRAECOX SONORAN PALO VERDE 24" BOX. or B&B ,L 20' X 20' PRELIMINARY PLANT LIST:

NATIVE
"N" CA
/ZONE

PERENNIALS
H X W
ORANIC RECYCLED CHIPPED WOOD MULCH- PLACE 3'' MIN. DEPTH 3/4"- 1" DIA. COLOR DARK BROWN, NO VISIBLE CONTAMINANTS

BARK MULCH-ALL PLANTERS NOT DESIGNATED FOR SOD
LANDSCAPE CALCULATIONS:

EXISTING TREE TO

REMAIN - TYP
MITIGATION TREE -TYP.

SEE MITIGATION

CALCULATIONS SHEET
LC1.2

LARGE PARKING AREA
SHADE TREE - TYP.
0 30 60 120

LANDSCAPE ALONG PUBLIC STREET
MUST BE MAINTAINED BY OWNER.

REPLACE ANY MISSING OR DEAD
LANDSCAPE PLANTING - TYP.

SCREEN PLANTING

AROUND TRASH

ENCLOSURE

EXISTING TREE TO

REMAIN - TYP

EXISTING TREE TO

REMAIN - TYP

EXISTING TREE TO

REMAIN - TYP
MAGNOLIA STELLATA STAR MAGNOLIA 24" BOX or B&B M 20' X 15' QUERCUS DURATA LEATHER OAK 24" BOX or B&B VL 15' X 15'

EXISTING LANDSCAPE

TO BE REVIEWED

REGARDING

DEBRIS/TRASH

COLLECTING, FIRE
ISSUES, ETC. -TYP.

LARGE SCREEN

SHRUBS TO BE ADDED

TO EXISTING

LANDSCAPE

LARGE SCREEN SHRUBS
N ARCTOSTAPHYLOS 'HOWARD MCMINN' MANZANITA 5 GAL. L 8' X 8' CEANOTHUS 'CONCHA' CEANOTHUS 5 GAL. L 6' X 8'
ARBUTUS U. 'OKTOBERFEST' DWARF STRAWBERRY 5 GAL. L 6' X 8' N
N

OSGOOD ROAD
2 2
2 2
2 BIO- RETENTION AREAS - INSTALL 3" OF NON-DYED, NON- FLOATING, AND

NON-RECYCLED MULCH ABOVE THE TOP OF THE BSM
2 N
N
N
2 5.B.a
Packet Pg. 128
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-16 This page intentionally left blank

5.B.a
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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) 2-17

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026
43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) Landscaping plant pallete includes low water use and or native plant species including but not limited to Sanoran Palo Verde shade trees, Red Oleander evergreen trees, Manzanita and Ceanothus shrubs, blue flowering Salvia shrubs, California fuchsia perennial, and California native Deer Grass ornamental grass. All planter areas are to receive a minimum of 3” of dark brown bark mulch.

The proposed project would retain 76 trees out of the existing 133 currently existing on the site.

Additionally, the proposed project would plant 198 trees, located within the surface parking lot, on the perimeter of the project, and on the street frontage of the project site. The proposed project would implement water efficient landscaping techniques, such as automatic water controller, irrigation zones for specific plant water needs, and rain sensors.

2.2.4 Lighting
The proposed project would include on-site lighting through the project site. The proposed project includes a lighting plan and photometric plan, which show the types and locations of proposed lighting fixtures on the project site. According to the proposed lighting plan, shown in Figure 2-5:

Proposed Lighting Plan, the proposed project would include four new site pole lighting fixtures located in the parking lot and three new wall pack lighting fixtures on the building facades. All new lighting fixtures would utilize LED lights, and all exterior light fixtures would include a dimming motion and daylight sensor to ensure lighting is not on during daylight.

2.2.5 Infrastructure and Utilities
The project site is in an urbanized area and would be served by existing, but upgraded, utility infrastructure. The proposed project would include upgrades to water, wastewater, stormwater drainage, and electric connections. Connections to existing utility infrastructure would be within the adjacent public rights-of-way. In general, the depths of utility improvements would range from approximately 3 feet to 8 feet below ground surface. The proposed utility plan prepared for the proposed project is shown in Figure 2-6: Proposed Utility Plan.

2.2.5.1 Stormwater
Under existing conditions, stormwater at the project site either infiltrates at the project site or flows northwest to discharge into existing drainage infrastructure within Osgood Road. As shown in Figure 2-6, the proposed project would include two new trench drains that would drain to a pump system. This pump system discharges into a bioretention area to the south and eventually drains into the public storm system on Osgood Road. A small portion of impervious area to the southwest of the building will drain into a bioretention area and then to the public storm system on Osgood Road. Additional stormwater infrastructure improvements would include new storm drain catch basins, storm drain junction boxes, storm drain manholes, a storm drain pump, and back flow prevention devices.

5.B.a
Packet Pg. 130
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning)

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-18 This page intentionally left blank

5.B.a
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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) SOURCE: Arco Murray

NOT TO SCALE
FIGURE 2-5
I:\C\CFR2002.23\G\Lighting_Plan.ai (7/18/2025)
43800 Osgood Road Project
Proposed Lighting Plan
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  
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  










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 
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
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   
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 
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
 








 
















 


















 








  
      
         
 
 


                                                                                    






   
        
   
         
      
         
         
         
         
      
         
      
      
   
     
  

            
    
   
   
 
  
  


5.B.a
Packet Pg. 132
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-20 This page intentionally left blank

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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) FIGURE 2-6
I:\C\CFR2002.23\G\Utility_Plan.ai (7/22/2025)
43800 Osgood Road Project
Proposed Utility Plan
PARCEL 2
(234 PM 82-83)

OSGOOD ROAD
OSGOOD
COURT
PARCEL 1

PARKING
NO

PARKING
NO
LEGEND
DRAWING NUMBER:

DRAWN BY: STF CHECKED BY:

FREMONT, CA
OF
43800 OSGOOD ROAD
FOR

SCLP I FREMONT, LLC

ORIGINAL ISSUE
DATE: 11.14.2024

CURRENT SET ISSUE
DATE: 02.19.2025
REVISIONS BYNO.

KIER + WRIGHT PROJECT NUMBER: A24312
DEPARTMENT:
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com
\\Kierwright.local\Global\Z\2024\A24312\DWG\ENTITLEMENTS\A24312-PG-UP.dwg [C5.0-PRELIM UTILITY] Plot: Thursday, May 15, 2025 SORUSH RICK GROGER OF ___ SHEETS C5.0

PRELIMINARY UTILITY PLAN
SOURCE: HPA Architecture
FEET
150750

5.B.a
Packet Pg. 134
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-22 This page intentionally left blank

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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) 2-23

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026
43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 )

2.2.5.2 Electricity and Gas
Electrical service would be provided by Pacific Gas and Electric Company (PG&E) through existing connections via a PG&E easement located on the eastern boundary of the project site. The proposed project would include the replacement of the existing switchboard, the enlargement of the existing electrical room within the structure, and implementation of new lighting fixtures throughout the property. Refer to Section 2.2.5, Lighting, above. While the project site is not in a specific undergrounding district per Chapter 12.35, Underground Districts, of the City’s Municipal Code, 6 implementation of any new lines would require undergrounding. The proposed project would be all- electric and would not utilize natural gas.

2.2.6 Demolition, Grading, and Construction
The proposed project would include site improvements such as interior demolition and construction, as well as grading, paving and landscaping or outdoor areas. Construction activities would take place over a span of approximately 6 months, with an expected start date of April 2026.

The proposed project would require 124,000 square feet of asphalt demolition, 10,460 square feet of concrete demolition, and 7,500 cubic yards of soil export. Asphalt and concrete would largely be taken offsite. 7
Project construction would include the removal of existing pavement and concrete, as well as landscaping in the existing parking area. In addition, the project would include improvements of underground utilities, curbs and gutters, as well as sidewalks, site lighting, fire hydrants, and catch basins, as shown in Figure 2-7: Proposed Infrastructure and Circulation Improvements. Soil removal would extend to a 4-foot depth. Figure 2-8: Proposed Grading and Drainage Plan shows the proposed improvements. Construction of the proposed project would utilize Tier 4 equipment.

Construction activities would take place between the hours of 7:00 a.m. and 7:00 p.m., weekdays, and 8:00 a.m. and 8:00 p.m., weekends and holidays, in accordance with the City’s Noise Ordinance and Fremont Municipal Code section 18.160.010.
8 2.3 REQUIRED PERMITS AND APPROVALS
Although the City is the Lead Agency for the project under CEQA, other agencies also have discretionary authority related to the project and approvals or serve as a responsible and/or trustee agency in connection to the project as established in State CEQA Guidelines Section 15124(d)(2), “If a public agency must make more than one decision on a project, all its decisions subject to CEQA should be listed.” A list of these agencies and potential permits and approvals that may be required is provided in Table 2.B: Potential Permits and Approvals.

6 City of Fremont. 2025. City of Fremont Municipal Code. Chapter 12.35 – Utility Underground Districts.

Website: https://www .codepublishing.com/CA/Fremont/#!/html/Fremont12/Fremont1235.html (accessed July 23, 2025).
7 The applicant may reuse some of the asphalt and concrete millings as aggregate base section onsite, and some soil may be reused onsite.
8 City of Fremont. 2025. City of Fremont Municipal Code. Chapter 9.25 – Noise. Website: https://www.code publishing.com/CA/Fremont/#!/html/Fremont09/Fremont0925.html (accessed July 23, 2025).

5.B.a
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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning)

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-24 This page intentionally left blank

5.B.a
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Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) SOURCE: HPA Architecture
FEET
150750
FIGURE 2-7
I:\C\CFR2002.23\G\Demo_Plan.ai (7/18/2025)
43800 Osgood Road Project
Proposed Infrastructure and Circulation Improvements
PARCEL 2
(234 PM 82-83)

OSGOOD ROAD
OSGOOD
COURT
DRAWING NUMBER:

DRAWN BY: STF CHECKED BY:

FREMONT, CA
OF
43800 OSGOOD ROAD
FOR

SCLP I FREMONT, LLC

ORIGINAL ISSUE
DATE: 09.25.2024

CURRENT SET ISSUE
DATE: 10.03.2024
REVISIONS BYNO.

KIER + WRIGHT PROJECT NUMBER: A24312
DEPARTMENT:
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com
\\Kierwright.local\Global\Z\2024\A24312\DWG\ENTITLEMENTS\A24312-PG-GP SCHEME 5.dwg [C3.0 DEMO] Plot: Thursday, May 15, 2025 SORUSH RICK GROGER OF ___ SHEETS LEGEND

PRELIMINARY DEMOLITION
PLAN
C3.0

5.B.a
Packet Pg. 138
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 2-26 This page intentionally left blank

5.B.a
Packet Pg. 139
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning) SOURCE: HPA Architecture
FEET
150750
FIGURE 2-8
I:\C\CFR2002.23\G\Grading_Drainage.ai (7/18/2025)
43800 Osgood Road Project
Proposed Grading and Drainage Plan
PARCEL 2
(234 PM 82-83)

OSGOOD ROAD
INTERSTATE 680

PARKING
NO

PARKING
NO
DRAWING NUMBER:

DRAWN BY: STF CHECKED BY:

FREMONT, CA
OF
43800 OSGOOD ROAD
FOR

SCLP I FREMONT, LLC

ORIGINAL ISSUE
DATE: 09.25.2024

CURRENT SET ISSUE
DATE: 10.03.2024
REVISIONS BYNO.

KIER + WRIGHT PROJECT NUMBER: A24312
DEPARTMENT:
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com
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PRELIMINARY GRADING &

DRAINAGE PLAN
LEGEND

PROPOSED EXISTING DESCRIPTION

CONTOUR LINE

LOT LINE

SPOT ELEVATION

STORM DRAIN - MANHOLE AND

CATCH BASIN

THRU CURB DRAIN

CURB CUT

AD AREA DRAIN

BLDG BUILDING

BW BACK OF WALK

C CONCRETE

CB CATCH BASIN

DIP DUCTILE IRON PIPE

FC FACE OF CURB

FF FINISHED FLOOR

GB GRADE BREAK

HP HIGH POINT

IE INVERT ELEVATION

LP LOW POINT

NEF NON EXPANSIVE FILL

OF OVERFLOW

PV PAVEMENT

R RIDGE

RE RIM ELEVATION

SDJB STORM DRAIN JUNCTION BOX

SDMH STORM DRAIN MANHOLE

TC TOP OF CURB
300
300.00
SD

TRUCK PAVEMENT

PAVEMENT

AUTO PAVEMENT
DETAIL 1

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) Table 2.B: Potential Permits and Approvals
Lead Agency Permits/Approvals
City of Fremont  General Plan Amendment
 Rezoning
 Discretionary Design Review Permit
 Tree Removal Permit
Other Agencies/Entities
Fremont Fire Department  Review/approve Fire Access Road Plan City of Fremont Community Development Department  Issuance of Building Permits for new construction  Grading Permit
City of Fremont Engineering Division  Connection to water system  Connection to wastewater system
 SWQCP
 Encroachment Permit
Pacific Gas and Electric Company (PG&E)  Connection of electricity/natural gas service  Undergrounding of utilities
Source: Compiled by LSA (2025).

In addition to the potential permits and approvals noted above, the proposed project would be required to implement the following Standard Development Requirements (Table 2.C: Applicable City of Fremont Standard Development Requirements), as noted in the City’s Municipal Code Section 18.218.050.9
Table 2.C: Applicable City of Fremont Standard Development Requirements Issue Area Standard Development Requirement
Air Quality FMC Section 18.218.050(a)(1): Construction Related Emissions. The following construction measures, as periodically amended by BAAQMD, are required for all proposed development projects to reduce construction-related fugitive dust and exhaust emissions:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times daily.
b. All haul trucks transporting soil, sand, or other loose material oﬀ site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment oﬀ when not in use or reducing the maximum idling time to ﬁve minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s speciﬁcations. All equipment shall be checked by a certiﬁed mechanic and determined to be running in proper condition prior to operation.

9 City of Fremont. 2025. City of Fremont Municipal Code. Chapter 18.218 – Standard Development Requirements to Address Resource Protection. May 20. Website: https://www .codepublishing.com/CA/ Fremont/#!/Fremont18/Fremont18218.html#18.218 (accessed July 23, 2025).

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h. A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours.

BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Biological, Special -
Status Species
FMC Section 18.218.050(b)(2): Nesting Birds. New development projects with the potential to impact nesting birds through tree or shrub removal shall implement the following measures prior to removal of any trees/shrubs, grading, or ground disturbing activities:
a. Avoidance. Proposed projects shall avoid construction activities during the bird nesting season (February 1st through August 31st).
b. Preconstruction Surveys. If construction activities are scheduled during the nesting season, a qualiﬁed biologist shall conduct a preconstruction survey to identify any potential nesting activity. The biologist shall determine the number and time frame (prior to construction) of surveys to be conducted.
c. Protective Buﬀer Zone(s). If the survey indicates the presence of nesting birds, protective buﬀer zones shall be established around the nests. The size of the buﬀer zone shall be recommended by the biologist in consultation with the CDFW depending on the species of nesting bird and level of potential disturbance.
d. Initiation of Construction Activities. The buﬀer zones shall remain in place until the young have ﬂedged and are foraging independently. A qualiﬁed biologist shall monitor the nests closely until it is determined the nests are no longer active, at which time construction activities may commence within the buﬀer area.

FMC Section 18.218.050(b)(3): Roosting Bats. New development with potential to impact special - status or roosting bat species through demolition of existing structures or removal of trees on site shall conduct the following measures prior to demolition:
a. Preconstruction Surveys. A qualiﬁed biologist shall conduct a preconstruction survey during seasonal periods of bat activity (mid -February through mid-October) to determine suitability of structure(s) or trees as bat roost habitat.
b. Protective Buﬀer Zone(s). If active bat roosts are found on site, a suitable buﬀer from construction shall be established per the biologist. The biologist shall determine the species of bats present and the type of roost.
c. Mitigation and Exclusion. If the bats are identiﬁed as common species, and the roost is not being used as a maternity roost or hibernation site, the bats may be evicted using methods developed by a qualiﬁed biologist. If special- status bat species are found present, or if the roost is determined to be a maternity roost or hibernation site for any species, then the qualiﬁed biologist shall develop a bat mitigation and exclusion plan to compensate for lost roost. The site shall not be disturbed until CDFW approves the mitigation plan.

Construction
Management Plan
FMC Section 18.218.050(c): Prior to the issuance of the first construction-related permit for a new development project, the project sponsor and his/her general contractor shall submit a construction management plan (CMP) for review and approval by the planning and building divisions and other relevant city departments, such as the fire department and the public works department, as directed. The CMP shall contain measures to minimize potential construction impacts including measures to comply with all construction -related conditions of approval (and mitigation measures if applicable) such as dust control, construction emissions, hazardous materials, construction days/hours, construction traffic control, waste reduction and recycling, erosion and sedimentation control, storm water pollution prevention, noise control, complaint management, and cultural and tribal cultural resource management as applicable. The CMP shall provide project-specific information including descriptive procedures, approval documentation, and drawings (such as a site logistics plan, fire safety plan, construction phasing plan, proposed truck routes, traffic control plan, complaint management plan, construction worker parking plan, and litter/debris clean-up plan) that specify how potential construction impacts will be minimized

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and how each construction-related requirement will be satisfied throughout construction of the project.

Cultural and Tribal
Resources
FMC Section 18.218.050(d)(2): Accidental Discovery of Cultural Resources. The following requirements shall be met to address the potential for accidental discovery of cultural resources during ground disturbing excavation:
a. The project proponent shall include a note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. The project proponent shall retain a professional archaeologist to provide a preconstruction brieﬁng to supervisory personnel of any excavation contractor to alert them to the possibility of exposing buried cultural resources, including signiﬁcant prehistoric archaeological resources.

The brieﬁng shall discuss any cultural resources, including archaeological objects, that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notiﬁcation of the project proponent and archaeological team. c. In the event that any human remains or historical, archaeological or paleontological resources are discovered during ground disturbing excavation, the provisions of CEQA Guidelines Sections 15064.5(e) and (f), and of subsection (c)(2)(D) of this section, r equiring cessation of work, notiﬁcation, and immediate evaluation shall be followed. d. If resources are discovered during ground disturbing activities that may be classiﬁed as historical, unique archaeological, or tribal cultural resources, ground disturbing activities shall cease immediately, and the planning manager shall be notiﬁed. The resources will be evaluated by a qualiﬁed archaeologist and, in the planning manager’s discretion, a tribal cultural monitor .

If the resources are determined to be historical, unique archaeological, or tribal cultural resources, then a plan for avoiding the resources shall be prepared. If avoidance is infeasible, then all signiﬁcant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientiﬁc analysis, professional museum curation, and documentation according to current professional standards. Any plan for avoidance or mitigation shall be subject to the approval of the planning manager.

As used herein, “historical resource” means a historical resource as defined by CEQA Guidelines Section 15064.5(a); “unique archaeological resource” means unique archaeological resource as defined by Cal. Pub. Res. Code § 21083.221083.2(g); and “tribal cultural resource” means tribal cultural resource as defined by Cal. Pub. Res. Code § 21074 21074. Collectively, these terms
describe “significant cultural materials.”
FMC Section 18.218.050(d)(4): Tribal Cultural Monitoring and Training. Should the city receive a formal written request by the designated contact or a tribal representative of a traditionally and culturally affiliated California Native American tribe pursuant to Cal. Pub. Res. Code § 64352.4 to have a tribal cultural representative present at the project site before or during construction activities to identify or monitor sites or objects of significance to Native Americans or to provide construction worker tribal cultural resources awareness training including applicable regulations and protocols for avoidance, confidentiality, and culturally appropriate treatment, the project proponent shall honor that request and include tribal cultural monitoring or training as a component of their project. The tribal cultural representative shall have the ability to request that work be stopped, diverted, or slowed if sites or objects of significance to Native Americans are encountered within the direct impact area and s hall be consulted for recommendations regarding the appropriate treatment of such sites or objects. Any compensation for time and expenses related to this activity shall be borne by the project proponent.

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Geology and Soils FMC Section 18.218.050(e)(1): New development projects with the potential to expose people or structures to substantial adverse effects, including the risk of loss, injury, or death due to seismic activity and potential seismic -related ground shaking if so determined by a site -specific geotechnical study prepared to the satisfaction of the city engineer or his/her designee, shall implement the following measures prior to or during project construction, as applicable. a. The project geotechnical consultant shall review all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations, and retaining walls). The consultant shall verify that their recommendations, including those regarding the need for further evaluation for potential liquefaction and the presence and lateral extent of any undocumented ﬁll as well as laboratory testing for corrosive soil, have been properly conducted and any necessary design measures are incorporated into the construction plans. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the city engineer prior to issuance of building permits for the project. b. The project geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of project construction. The inspections shall include, but not necessarily be limited to:
site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete.

The results of these inspections and the as -built conditions of the project shall be summarized by the project geotechnical consultant in a letter and submitted to the city building oﬃcial/city engineer for review prior to ﬁnal (as-built) project approval.

To further address and reduce impacts related to potential seismic activity and liquefaction, all grading, foundations, and structures for the proposed project would be required to be engineered and designed in conformance with applicable geotechnical and soil stability standards as required by the California Building Code (CBC), as adopted by the city.

Hazardous
Materials
FMC Section 18.218.050(f)(1): New development projects with the potential to create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, if so determined by a site-specific environmental site assessment prepared to the satisfaction of the fire marshal or planning manager, shall implement the following measures prior to or during project construction, as applicable:
a. A soil management plan (SMP) shall be developed to provide guidelines for the appropriate handling and management of soil with known contaminants or recognized environmental condition (REC) concentrations above the applicable screening levels recommended i n the California Department of Toxic Substances Control (DTSC) Oﬃce of Human and Ecological Risk (HERO) guidance document Human Health Risk Assessment or similar document provided by DTSC.

Prior to issuance of building and/or grading permits for site development, remediation work to remove known contaminants or RECs at the subject property shall be implemented to the satisfaction of the Alameda County Water District (ACWD), city of Fremont f ire department, California Department of Toxic Substance Control (DTSC), or other appropriate agency having jurisdiction, depending on the location (e.g., depth) and the type of REC found and the jurisdictional purview of the agencies. Completion of the remediation work and procurement of an appropriate closure document or written statement that the remediation work has been satisfactorily completed and without further conditions or obligations shall be submitted to the satisfaction of the city of Fremont c ommunity development department. Compliance with this mitigation may require the applicant or their agent to complete a preliminary endangerment report, voluntary cleanup agreement or other documentation as determined by the appropriate agency and receive concurrence that the site’s RECs have been resolved.

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Noise FMC Section 18.218.050(g)(1): Construction Noise. To reduce the potential for noise impacts during construction, the following requirements shall be implemented:
a. Construction equipment shall be well-maintained and used judiciously to be as quiet as practical.
b. Construction, excavating, grading, and ﬁlling activities (including the loading and unloading of materials, truck movements, and warming of equipment motors) shall be limited as provided in Section 18.160.010.
c. All internal combustion engine-driven equipment shall be equipped with muﬄers, which are in good condition and appropriate for the equipment.
d. The contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
e. Loading, staging areas, stationary noise generating equipment, etc., shall be located as far as feasible from sensitive receptors.
f. The contractor shall comply with Air Resource Board idling prohibitions of unnecessary idling of internal combustion engines.
g. Signs shall be posted at the construction site that include permitted construction days and hours, a day and evening contact number for the job site, and a contact number for the project sponsor in the event of noise complaints. The applicant shall designate an on-site complaint and enforcement manager to track and respond to noise complaints.

Temporary noise barriers, such as solid plywood fences, shall be installed around construction sites adjacent to operational businesses, residences or noise-sensitive land uses, unless an existing wall or other barrier provides equivalent noise attenuation. (Ord. 27-2016 § 37, 12-6-16; Ord. 23- 2018 § 41, 10-2-18; Ord. 05-2021 § 52, 4-20-21.)
BAAQMD = Bay Area Air Quality Management District , now know n as the Bay Area Air District CEQA = California Environmental Quality Act
CDFW = California Department of Fish and Wildlife
Cal. Pub. Res. Code = California Public Resources Code

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3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist in Chapter 4.0.

Aesthetics Agricultur e and Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance

DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “Potentially Significant Impact” or “Potentially Significant Unless Mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date

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4.0 CEQA ENVIRONMENTAL CHECKLIST

4.1 AESTHETICS

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse eﬀect on a scenic vista?
b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway

c. In non-urbanized areas, s ubstantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are
experienced from a publicly accessible vantage point.) If the project is in an urbanized area, would the project
conﬂict with applicable zoning and other regulations
governing scenic quality?

d. Create a new source of substantial light or glare which would adversely aﬀect day or nighttime views in the area?

4.1.1 Impact Analysis
a. Would the project have a substantial effect on a scenic vista? The Fremont General Plan identifies views of the East Bay hills as scenic resources for neighborhoods and commercial centers.10 Views to the hills are present across the project site and are somewhat obstructed by the existing buildings, trees, and I-680. Views toward the East Bay hills for travelers on Auto Mall Parkway adjacent to the project site are currently somewhat obstructed by existing buildings and trees, but largely visible. However, views towards the East Bay hills for travelers on Osgood Road adjacent to the project site are largely obstructed by existing industrial and commercial buildings, including the building on the project site.

The proposed project would include a change in use from retail to industrial uses and associated improvements to the existing commercial structure and surrounding surface area. The proposed improvements would include interior and exterior improvements and updates to the existing structure including demolishing existing tenant improvement features, replacing the existing roof, the addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the existing building; new loading and receiving docks and drive-in doors; and façade design improvements. No changes to the height or footprint of the existing building are proposed.

10 City of Fremont. 2011. “ Chapter 4: Community Character Element .” City of Fremont General Plan. Website:
https://www .fremont.gov/home/showpublisheddocument/781/637750630790930000 (accessed August 18, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-2 Therefore, as implementation of the proposed project would not result in a taller building or larger footprint, the project would not introduce new obstructions of an existing scenic vista.

Additionally, the General Plan identifies the BART line, located approximately 770 feet from the western site boundary, as a scenic corridor.11 Views to the East Bay hills from the BART corridor would not be obstructed by implementation of the proposed project, as the proposed project would not result in a taller building or larger footprint. Moreover, the BART corridor passes through the project area only slightly above grade on a berm, and views of the project site from the BART corridor would be largely obstructed by the existing commercial and industrial buildings located west of Osgood Road.

Development of the proposed project would not substantially obscure any other scenic vistas from surrounding public vantage points or corridors, such as trails, city gateways, or designated viewing areas, as none are located within the vicinity of the project site. Therefore, the proposed project would not result in a substantial adverse effect on a scenic vista, and this impact would be less than significant.
b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? According to the California Department of Transportation’s (Caltrans) State Scenic Highway Program, the portion of I-680 in the vicinity of the proposed project is eligible to be designated a State Scenic Highway.
12 The interstate is directly adjacent to the eastern border of the project site and is at grade through the project vicinity. While the proposed project is visible from this section of the highway, the proposed project would not include any changes to the height or footprint of the existing building. Therefore, the project would not introduce new obstructions of an existing scenic vista. Additionally, the proposed project would be consistent with the character of the existing industrial and commercial area in which it is located. Implementation of the proposed project would have a less than significant impact on views from a State Scenic Highway. c. In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The project site is located in an urbanized area, with development on all sides. The project site is surrounded by industrial uses to the north. Across I-680 to the east, a partially built mixed-use structure exists followed by undeveloped land. A residential neighborhood is located to the southeast, and a mix of commercial uses and undeveloped land are located directly to the south. To

11 City of Fremont. 2011. “Community Character Map: Scenic Routes and City Gateways. ” City of Fremont General Plan. Website: https://www .fremont.gov/home/showpublisheddocument/9180/63787975604 3600000 (accessed August 18, 2025).
12 California Department of Transportation (Caltrans). 2019. “California State Scenic Highway System Map.” Website: https://www .arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1 aacaa (accessed August 18, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26) the west across Osgood Road are a mix of commercial and industrial uses. General Plan land use designations surrounding the project site include Regional Commercial to the north and south, General Commercial to the east, Hillside Residential to the southeast, and Service Industrial to the west. The nearest residential neighborhood is located approximately 700 feet southeast of the project site. The City of Fremont General Plan designates the land use and zoning at the proposed project site as Regional Commercial and Commercial-Regional (C-R). 13 These designations include
large-scale commercial uses serving a citywide or regional market, typically on large sites along freeways or major arterials. Uses include furniture and electronic stores, auto dealerships, home improvement stores, department stores, and other “big box” retailers. A permitted FAR of 0.30 and a building height of 40 feet apply. 14
The proposed project would include interior and exterior improvements and updates to the existing structure including demolishing existing tenant improvement features, replacing the existing roof, upgrading power service to the building; the addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the existing building; new loading and receiving docks and drive-in doors; and façade design improvements. While the proposed project would require a General Plan Amendment rezoning to the Tech Industrial (I-T) designation it would not result in a taller building or a larger footprint, and would therefore be similar in bulk, scale, and potential use to other buildings in the area. Therefore, the project would not conflict with applicable zoning or other regulations governing scenic quality, and impacts on visual character or quality would be less than significant.
d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The project is located in an urbanized area that is surrounded by existing sources of light, including streetlights and nighttime vehicle headlights, as well as exterior lighting and signage from commercial and industrial buildings in the vicinity. The proposed project would be located along Osgood Road, which is designated as a primary arterial roadway, with streetlights lining the sidewalks on either side. Additionally, the proposed project would include on-site lighting through the project site. The proposed project includes a lighting plan and photometric plan, which show the types and locations of proposed lighting fixtures on the project site, which would be similar to existing conditions.

As previously discussed, according to the proposed lighting plan, shown in Figure 2-5: Proposed Lighting Plan, the proposed project would include 4 new site pole lighting fixtures and 3 new wall pack lighting fixtures. All new lighting fixtures would utilize LED lights, and all exterior light fixtures would include a dimming motion and daylight sensor to ensure lighting is not on during daylight.

13 City of Fremont. 2019. City of Fremont General Plan Land Use Diagram. December 17. Website:
https://www .fremont.gov/home/showpublisheddocument/803/637750630865770000 (accessed August 18, 2025).
14 C ity of Fremont. 2022 . Fremont Municipal Code Chapter 18.45: Commercial and Mixed- Use Districts.

Website: https://www .codepublishing.com/CA/Fremont/html/Fremont18/Fremont1845.html (accessed August 18, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-4 In addition, these fixtures would comply with the City’s development standards, 15 including configuration and placement of any lighting to prevent light spill or other objectionable visual impacts on neighboring properties. The light and glare created by the project would be consistent with levels of light currently emitted at the site and by surrounding development. Therefore, the project would not create any new source of substantial light and glare. Impacts would be less than significant.

15 City of Fremont. 2022. Fremo nt Municipal Code Section 18.50.050(d): Development standards and requirements applicable to all industrial districts. Website: https://www .codepublishing.com/CA/F remont/ html/Fremont18/Fremont1850.html#18.50.050 (accessed August 18, 2025) .

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4.2 AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and the forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?

b. Conﬂict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conﬂict with existing zoning for, or cause rezoning of, forest land (as deﬁned in Public Resources Code Section 12220(g)), timberland (as de ﬁned by Public Resources
Code Section 4526), or timberland zoned Timberland
Production (as deﬁned by Government Code Section
51104(g))?

d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?

4.2.1 Impact Analysis
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? The project site is surrounded by urban development, and according to the DOC’s Farmland Monitoring and Mapping Program,
16 the project site and vicinity are classified as “Urban and Built- Up Land,” and are not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.

16 California Department of Conservation (DOC), Division of Land Resource Protection, Farmland Mapping and Monitoring Program. 2018. California Important Farmland Finder . Website: https://maps. conservation.ca. gov/dlrp/ciﬀ/ (accessed August 18, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-6 Therefore, the proposed project would have no impact related to the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? Per the City of Fremont General Plan, the project site is zoned Commercial-Regional (C-R). The project site is not zoned for agricultural use and is not under a Williamson Act contract, and there are no agriculturally zoned lands or existing Williamson Act contracts in the vicinity of the project site.17 Therefore, development of the proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract, and no impact would occur. c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
The project site is not zoned for forest land, timberland, or any other forestry resources, and there are no forestry resources in the vicinity of the project site. The proposed project would not conflict with existing zoning for, or cause rezoning of, forest land or timberland, nor would it result in the loss of forest land or conversion of forest land to non-forest uses. No impact to forest land or timberland would occur.
d. Would the project result in the loss of forest land or conversion of forestland to non-forest use? As stated in Section 4.2.c (above), the proposed project would not result in the loss of forest land or conversion of forest land to non-forest uses, and no impact to forest land would occur. e. Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
As stated in Sections 4.2.a. and 4.2.c. (above), the project site is located in an existing urban environment. Implementation of the proposed project would not involve any changes in the existing environment that, due to their location or nature, could result in the conversion of farmland to non- agricultural use or conversion of forest land to non-forest use. Therefore, no impact would occur.

17 DOC. n.d. Williamson Act Finder . Website: https://maps.conservation.ca.gov/dlrp/WilliamsonAct/App/ #data_s=id%3AdataSource_1-196837250e2 -layer-6-196837251d1 -layer-8%3A1 (accessed August 18, 2025).

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4.3 AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Conﬂict with or obstruct implementation of the
applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard?

c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (such as those leading to
odors) adversely aﬀecting a substantial number of
people?

The information and analysis in this section have been prepared based on the Air Quality, Energy, and Greenhouse Gas Technical Memorandum (Air Quality, Energy, and GHG Memorandum) 18 (Appendix A) prepared for the proposed project.

The project site is within the jurisdiction of the Bay Area Air District (Air District), which regulates air quality in the San Francisco Bay Area. Air quality conditions in the San Francisco Bay Area have improved significantly since the Air District was created in 1955. Ambient concentrations of air pollutants and the number of days during which the region exceeds air quality standards have fallen substantially. Neither State nor national ambient air quality standards of the following chemicals have been violated in recent decades: nitrogen dioxide, sulfur dioxide, sulfates, lead, hydrogen sulfide, and vinyl chloride. Those exceedances of air quality standards that do occur primarily happen during meteorological conditions conducive to high pollution levels, such as cold, windless nights or hot, sunny summer afternoons.

Both State and federal governments have established health- based Ambient Air Quality Standards (AAQS) for six criteria air pollutants: carbon monoxide (CO), ozone (O 3), nitrogen dioxide (NO2),
sulfur dioxide (SO2), lead (Pb), and suspended particulate matter. In addition, the State has set standards for sulfates, hydrogen sulfide, vinyl chloride and visibility-reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The Air District is under State nonattainment status for ozone and particulate matter standards. In addition, the Air District is classified as nonattainment for the federal ozone 8-hour standard and nonattainment for the federal particulate matter less than 2.5 microns in size (PM2.5)

18 LSA Associates, Inc . (LSA). 2025. Air Quality, Energy, and Greenhouse Gas T echnical Memorandum for the 43800 Osgood Road Project, Fremont, California. March 31.

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4.3.1 Impact Analysis
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? The applicable air quality plan is the Air District’s 2017 Clean Air Plan19, which defines control strategies to reduce emissions and ambient concentrations of air pollutants; safeguard public health by reducing exposure to air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily affected by air pollution; and reduce greenhouse gas (GHG) emissions to protect the climate. Consistency with the Clean Air Plan can be determined if the project: (1) supports the goals of the Clean Air Plan; (2) includes applicable control measures from the Clean Air Plan; and (3) would not disrupt or hinder implementation of any control measures from the Clean Air Plan.

Clean Air Plan Goals. The primary goals of the Clean Air Plan are to attain air quality standards, reduce population exposure and protect public health in the Bay Area, reduce GHG emissions, and protect climate. The Air District has established significance thresholds for project construction and operational impacts of which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards. As discussed below, construction and operation of the proposed project would not result in the generation of criteria air pollutants that would exceed the Air District’s thresholds of significance. Therefore, the proposed project would not conflict with the Clean Air Plan goals.

Clean Air Plan Control Measures. The control strategies of the Clean Air Plan include measures in the following categories: Stationary Source Measures, Transportation Measures, Energy Measures, Building Measures, Agriculture Measures, Natural and Working Lands Measures, Waste Management Measures, Water Measures, and Super-GHG Pollutants Measures. The proposed project’s compliance with each of these control measures is discussed below.

Stationary Source Control Measures. The Stationary Source Control Measures, which are designed to reduce emissions from stationary sources such as metal melting facilities, cement kilns, refineries, and glass furnaces, are incorporated into the rules adopted by the Air District and then enforced by the Air District’s Permit and Inspection programs. Because the proposed project would not include any of these stationary sources, the Stationary Source Control Measures of the Clean Air Plan are not applicable to the proposed project.

Transportation Control Measures. The Air District identifies Transportation Control Measures as part of the Clean Air Plan to decrease emissions of criteria pollutants, toxic air contaminants (TACs), and GHGs by reducing demand for motor vehicle travel, promoting efficient vehicles and transit service, decarbonizing transportation fuels, and electrifying motor vehicles and equipment.

19 Bay Area Air District ( formerly the Bay Area Air Quality Management District ). 2017. Clean Air Plan.

April 19.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) The project site is currently developed with an existing building that operated as a retail center.

The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, which would locate employees near existing commercial, industrial, and residential uses, reducing the demand for travel by single occupancy vehicles. The proposed project would also provide electric vehicle (EV) charging and access to public transit as the Alameda-Contra Costa Transit District (AC Transit) Bus Route Line 215 has a stop adjacent to the project site. Additionally, as discussed in the Vehicle Miles Traveled (VMT) Analysis
20 prepared for the proposed project, a detailed assessment of VMT reduction strategies that are applicable to the project were considered and applied using the Alameda County Transportation Commission VMT Reduction Calculator Tool. Given that the eventual project tenant is unknown, the VMT Analysis presented several trip reduction strategies that may be utilized to mitigate the VMT impact, including priced workplace parking, a mandatory employer commute program, or a combination of multiple strategies such as carpool and/or vanpool programs. The proposed project would be required to implement one of these options to ensure VMT impacts would be less than significant. Refer to Section 4.17, Transportation for additional discussion.

Therefore, the proposed project would support the ability to use alternative and cleaner modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation. Therefore, the proposed project would not conflict with the identified Transportation Control Measures of the Clean Air Plan.

Energy Control Measures. The Clean Air Plan also includes Energy Control Measures, which are designed to reduce emissions of criteria air pollutants, TACs, and GHGs by decreasing the amount of electricity consumed in the Bay Area, as well as decreasing the carbon intensity of the electricity used by switching to less GHG-intensive fuel sources for electricity generation.

Because these measures apply to electrical utility providers and local government agencies (and not individual projects), the Energy Control Measures of the Clean Air Plan are not applicable to the proposed project.

Building Control Measures. The Air District has authority to regulate emissions from certain sources in buildings (e.g., boilers and water heaters) but has limited authority to regulate buildings themselves. Therefore, the strategies in the control measures for this sector focus on working with local governments that have authority over local building codes, to facilitate adoption of best GHG control practices and policies.

The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility. The proposed project would be all-electric.

As identified in the Air District’s CEQA Guidelines, the elimination of natural gas in new developments would help projects implement their “fair share” of GHG emission reductions necessary to achieve carbon neutrality by 2045, consistent with State goals. As such, if a project does utilize natural gas, a lead agency can conclude that it would not be consistent with achieving the 2045 neutrality goal and will have a cumulative considerable impact on climate

20 Hexagon Transportation Consultants, Inc. 2025. VMT Analysis for proposed Industrial Development at 43800 Osgood Road in Fremont, California. March 7.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-10 change. The proposed project would not include natural gas appliances or plumbing. Therefore, the proposed project would contribute to its “fair share” of GHG emission reductions necessary to support achieving the State goals of long-term GHG emission reductions and carbon neutrality by 2045. Therefore, the proposed project would not conflict with any of the Building Control Measures.

Agriculture Control Measures. The Agriculture Control Measures are designed to primarily reduce emissions of methane. Because the project does not include any agricultural activities, the Agriculture Control Measures of the Clean Air Plan are not applicable to the proposed project.

Natural and Working Lands Control Measures. The Natural and Working Lands Control Measures focus on increasing carbon sequestration on rangelands and wetlands, as well as encouraging local governments to adopt ordinances that promote urban-tree plantings. Because the proposed project does not include the disturbance of any rangelands or wetlands, the Natural and Working Lands Control Measures of the Clean Air Plan are not applicable to the proposed project.

Waste Management Control Measures. The Waste Management Control Measures focus on reducing or capturing methane emissions from landfills and composting facilities, diverting organic materials away from landfills, and increasing waste diversion rates through efforts to reduce, reuse, and recycle. The proposed project would comply with local requirements for waste management (e.g., recycling and composting services). Therefore, the proposed project would be consistent with the Waste Management Control Measures of the Clean Air Plan.

Water Control Measures. The Water Control Measures focus on reducing emissions of criteria pollutants, TACs, and GHGs by encouraging water conservation, limiting GHG emissions from publicly owned treatment works (POTWs), and promoting the use of biogas recovery systems.

Because these measures apply to POTWs and local government agencies (and not individual projects), the Water Control Measures are not applicable to the proposed project.

Super GHG Control Measures. The Super-GHG Control Measures are designed to facilitate the adoption of best GHG control practices and policies through the Air District and local government agencies. Because these measures do not apply to individual projects, the Super- GHG Control Measures are not applicable to the proposed project Clean Air Plan Implementation. As discussed above, the proposed project would generally implement the applicable measures outlined in the Clean Air Plan, including Transportation Control Measures. Therefore, the project would not disrupt or hinder implementation of a control measure from the Clean Air Plan, and impacts would be less than significant.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
The Air District is currently designated as a nonattainment area for State and national ozone standards and national particulate matter AAQS. The Air District’s nonattainment status is attributed to the region’s development history. Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.

In developing thresholds of significance for air pollutants, the Air District considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions.

Therefore, additional analysis to assess cumulative impacts is unnecessary. The following analysis assesses the potential project-level construction- and operation-related air quality impacts.

Short-Term Construction Emissions. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by demolition, grading, paving, and other activities. Emissions from construction equipment are also anticipated and would include CO, NO
x, ROG, directly emitted particulate matter (PM2.5 and PM10), and TACs such as diesel exhaust particulate matter.

Project construction activities would include internal demolition and construction, grading, paving and landscaping. Construction-related effects on air quality from the proposed project would be greatest during the site preparation and grading phase due to the disturbance of soils. If not properly controlled, these activities would temporarily generate particulate emissions. Sources of fugitive dust would include disturbed soils at the construction site. Unless properly controlled, vehicles leaving the site would deposit dirt and mud on local streets, which could be an additional source of airborne dust after it dries. PM
10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the amount of operating equipment.

Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site.

Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The Air District has established standard measures for reducing fugitive dust emissions (PM
10). With the implementation of these Basic Best Management Practices (BMPs), fugitive dust emissions from construction activities would not result in adverse air quality impacts.

In addition to dust-related PM10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, ROG, and some soot particulate (PM2.5 and PM10) in exhaust emissions. If construction activities were to increase traffic congestion in the area,

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The California Emissions Estimator Model (CalEEMod) was used to calculate emissions from on-site construction equipment and emissions from worker and vehicle trips to the site. Construction- related assumptions used in the modeling are detailed in the Air Quality, Energy, and GHG Memorandum included in Appendix A and the resulting emissions estimates are presented in Table 4.3.A.

Table 4.3.A: Project Construction Emissions (in Pounds Per Day) Project Construction ROG NOX Exhaust
PM10
Fugitive Dust
PM10
Exhaust
PM2.5
Fugitive Dust
PM2.5
Project Construction Emissions 0.5 3.1 <0.1 0.5 <0.1 0.2 Air District Thresholds 54.0 54.0 82.0 BMP 54.0 BMP
Exceed Threshold? No No No No No No
Source: LSA ( March 2025 ).

Note: Average Daily Emissions
Air District = Bay Area Air District
BMP = Best Management Practices
NOx = nitrogen oxides
PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gases

As shown in Table 4.3.A, construction emissions associated with the project would not exceed the Air District’s thresholds for ROG, NOX, exhaust PM10, and exhaust PM2.5 emissions. Fremont Municipal Code (FMC) Section 18.218.050(a)(1)21 would require the implementation of the Air District’s Basic Construction Mitigation Measures to reduce construction fugitive dust impacts to a less than significant level. As such, construction of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS and impacts would be less than significant.

Long-Term Operational Emissions. Long-term air pollutant emission impacts are those associated with mobile sources (e.g., vehicle trips), energy sources (e.g., natural gas), and area sources (e.g., architectural coatings and the use of landscape maintenance equipment) related to the proposed project.

PM
10 emissions result from running exhaust, tire and brake wear, and the entrainment of dust into the atmosphere from vehicles traveling on paved roadways. Entrainment of PM10 occurs when vehicle tires pulverize small rocks and pavement, and the vehicle’s movement generates airborne dust. The contribution of tire and brake wear is small compared to the other particulate matter

21 City of Fremont. 2025. City of Fremont Municipal Code. Standard Development Requirements – Air Quality. Website: https://www .codepublishing.com/CA/Fremont/#!/Fremont18/F remont18218. html#18.218 (accessed August 6, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26) emissions processes. Gasoline-powered engines have small rates of particulate matter emissions compared with diesel-powered vehicles.

Energy source emissions result from activities in buildings for which natural gas is used. The quantity of emissions is the product of usage intensity (i.e., the amount of natural gas) and the emission factor of the fuel source. As identified above, the proposed project would be all-electric; therefore, the proposed project would not generate energy source emissions.

Typically, area source emissions consist of direct sources of air emissions located at the project site, including architectural coatings, consumer products, and the use of landscape maintenance equipment.

Emission estimates for operation of the project were calculated using CalEEMod. The primary emissions associated with the project are regional in nature, meaning that air pollutants are rapidly dispersed on release or, in the case of vehicle emissions associated with the project, emissions are released in other areas of the Air Basin. The daily and annual emissions associated with project operational trip generation, energy, and area sources are identified in Table 4.3.B for ROG, NOx, PM
10, and PM2.5.

Table 4.3.B: Project Operational Emissions
ROG NOx PM10 PM2.5
Pounds Per Day
Mobile Source Emissions 2.3 3.2 7.1 1.8
Area Source Emissions 4.2 <0.1 <0.1 <0.1
Energy Source Emissions 0.0 0.0 0.0 0.0
Total Emissions 6.5 3.2 7.1 1.8
Air District Thresholds 54.0 54.0 82.0 54.0
Exceed Threshold? No No No No
Tons Per Year
Mobile Source Emissions 0.4 0.6 1.3 0.3
Area Source Emissions 0.8 <0.1 <0.1 <0.1
Energy Source Emissions 0.0 0.0 0.0 0.0
Total Emissions 1.2 0.6 1.3 0.3
Air District Thresholds 10.0 10.0 15.0 10.0
Exceed Threshold? No No No No
Source: LSA (March 2025).

Air District = Bay Area Air District
NOx = nitrogen oxides
PM2.5 = particulate matter less than 2.5 microns in size PM10 = particulate matter less than 10 microns in size ROG = reactive organic gases

The results shown in Table 4.3.B indicate the project would not exceed the significance criteria for daily or annual ROG, NOx, PM10, and PM2.5 emissions; therefore, operation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State AAQS. Impacts would be less than significant.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-14 Localized CO Impacts. Emissions and ambient concentrations of CO have decreased dramatically in the Bay Area with the introduction of the catalytic converter in 1975. No exceedances of the State or federal CO standards have been recorded at Bay Area monitoring stations since 1991. The Air District’s CEQA Guidelines include recommended methodologies for quantifying concentrations of localized CO levels for proposed transportation projects. A screening level analysis using guidance from the Air District’s CEQA Guidelines was performed to determine the impacts of the project. The screening methodology provides a conservative indication of whether the implementation of a proposed project would result in significant CO emissions. According to the Air District’s CEQA Guidelines, a proposed project would result in a less-than-significant impact to localized CO concentrations if the following screening criteria are met:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, and the regional transportation plan and local congestion management agency plans. • Project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
• The project would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below-grade roadway).

Implementation of the proposed project would not conflict with the policies or programs of the Alameda County Transportation Commission. As further discussed in Section 4.17, Transportation, the proposed project would generate approximately 131 a.m. peak hour trips and 180 p.m. peak hour trips; therefore, the project’s contribution to peak hour traffic volumes at intersections in the vicinity of the project site would be well below 44,000 vehicles per hour. As such, the proposed project would not result in localized CO concentrations that exceed State or federal standards.

As described above, the proposed project would have a less than significant impact relating to a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard. c. Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors are defined as residential uses, schools, daycare centers, nursing homes, and medical centers. Individuals particularly vulnerable to diesel particulate matter are children, whose lung tissue is still developing, and the elderly, who may have serious health problems that can be aggravated by exposure to diesel particulate matter. Exposure from diesel exhaust associated with construction activity contributes to both cancer and chronic non-cancer health risks.

Construction of the proposed project may expose surrounding sensitive receptors to airborne particulates, as well as a small quantity of construction equipment pollutants (i.e., usually diesel- fueled vehicles and equipment). However, the closest receptors to the project site include multi- family residences located approximately 700 feet southeast of the project site. Additionally, construction contractors would be required to implement the Air District’s Basic Construction

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) Mitigation Measures to reduce construction fugitive dust impacts to a less than significant level, as required by FMC Section 18.218.050(a)(1). With implementation of the Air District’s Basic Construction Mitigation Measures, project construction pollutant emissions would be below significance thresholds. Therefore, given the distance to the nearest sensitive receptors, the temporary nature of short-term construction impacts, and the absence of any exceeded threshold of significance related to construction impacts, construction of the proposed project would not expose nearby sensitive receptors to substantial pollutant concentrations.

Once operational, the proposed project would generate approximately 964 average daily trips, including 936 vehicle trips and 28 truck trips.22 While the TAC emissions from gasoline-powered vehicles have a small health effect, truck trips would generate diesel exhaust emissions that could expose nearby sensitive receptors to TACs. Project trucks would operate in two modes: stationary idling and moving on and off the site. The emissions from trucks while idling result in a much higher concentration of TACs at nearby sensitive receptors compared to the emissions from moving trucks.

This is due to the dispersion of emissions that occurs with distance and with travel of the vehicle.

As identified in Section 2.0, Project Description, the proposed project would provide up to 18 dock doors and 3 drive-in doors. As the project would contain multiple loading docks, offsite queuing of trucks is not anticipated. As identified above, the closest receptors to the project site include multi- family residences located approximately 700 feet southeast of the project site. These residences would be located approximately 1,000 feet from the loading docks. At this distance, project trucks would not be a source of substantial emissions at the nearest residences. In addition, idling of trucks would be limited by the CARB’s In-Use Off-Road Diesel Vehicles regulation, which limits idling to 5 minutes or less. As such, sensitive receptors are not expected to be exposed to substantial pollutant concentrations during project construction or operation.

As described above, the proposed project would have a less than significant impact related to the exposure of sensitive receptors to substantial pollutant concentrations. d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
During construction, the various diesel-powered vehicles and equipment in use on site would create localized odors. These odors would be temporary and are not likely to be noticeable for extended periods of time beyond the project site. Additionally, the proposed uses that would be developed within the project site are not expected to produce any offensive odors that would result in frequent odor complaints. Therefore, the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. The impact would be less than significant.

22 Hexagon Transportation Consultants, Inc. 2025. Trip Generation Estimates for High Cube Fulﬁllment Center – Sort.

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4.4 BIOLOGICAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Have a substantial adverse eﬀect, either directly or through habitat modiﬁcations, on any species identiﬁed
as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

b. Have a substantial adverse eﬀect on any riparian habitat or other sensitive natural community identiﬁed in local or regional plans, policies, regulations or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?

c. Have a substantial adverse eﬀect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, ﬁlling, hydrological interruption, or other
means?

d. Interfere substantially with the movement of any native resident or migratory ﬁsh or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?

e. Conﬂict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

f. Conﬂict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?

Regulatory Framework. Biological resources in the study area may fall under the jurisdiction of various regulatory agencies and be subject to their regulations. In general, the greatest legal protections are provided for plant and wildlife species that are formally listed by the federal or State government. The following regulations and agencies are commonly associated with projects that have the potential to affect biological resources.
• Federal Endangered Species Act
• Migratory Bird Treaty Act
• Bald and Golden Eagle Protection Act
• Clean Water Act (CWA), Section 404
• California Endangered Species Act
• California Fish and Game Code Sections 3503, 3503.5, and 3513 • California Fish and Game Code Sections 5050, 5515, 3511, and 4700 • California Fish and Game Code Sections 1600–1603

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) • State Regulations of Wetlands and Waters
• Native Plant Protection Act
• State CEQA Guidelines Section 15380
• City of Fremont Tree Ordinance
Existing Vegetation and Habitats. According to the Multi-Resolution Land Characteristics Consortium Land Cover Map, three land cover types were identified within the project site:

Developed (high intensity), Developed (medium intensity), and Developed (low intensity). 23 No Riparian habitat or other sensitive natural communities were identified within the project site.

Developed land cover areas are not natural vegetation communities, as they lack natural vegetation, and the term is therefore used in this analysis to describe areas that cannot be classified as vegetation communities. The project site is currently developed and is almost entirely covered in impervious surfaces.

Special-Status Species. For the purposes of the analysis contained in this document, special-status species are defined as follows:
• Species that are listed, formally proposed, or designated as candidates for listing as threatened or endangered under the federal Endangered Species Act or California Endangered Species Act. • Plant species assigned to California Rare Plant Ranks (CRPR) 1A, 1B, 2A, 2B, or 3. • Animal species designated as Species of Special Concern or Fully Protected Species by the California Department of Fish and Wildlife (CDFW).
• Species that meet the definition of rare, threatened, or endangered under Section 15380 of the State CEQA Guidelines.
• Species considered as a taxon of special concern by local agencies.

Special‐Status Plants. The CNPS Inventory identified the potential for 11 special-status plant species to occur on the project site.
24 Based on a lack of suitable habitat and status as non- federally or State listed, 10 species were determined to have no potential to occur on the project site. One special-status plant species was determined to have a low potential to occur on the site: Contra Costa goldfields (Lasthenia conjugens). However, this species is normally found in vernal pools or swales, open grasslands or woodlands, and the project site is already fully developed. Therefore, no special -status plants are expected to occur within the study area.

23 Multi-Resolution Land Characteristics Consortium. 2016. AK Land Cover . Website: https://www.mrlc.gov/ viewer/ (accessed August 18, 2025) .
24 California Native Plant Society. n.d. CNPS Rare Plant Inventory. Website: https://rareplants.cnps.org/ Search/result?frm=T&crpr=1A:1B:2A:2B:3:4&ccl=ALA&qsl=9&quad=3712251:&elev=:m:o (accessed August 18, 2025) .

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-18 Special‐Status Wildlife. According to the IPaC database25, there is potential for 13 special status animal species to occur on the project site. However, based on a lack of suitable habitat (no riparian or wetland habitat), 7 species would have no potential to occur on the project site. The majority of the remaining special status species, including the San Joaquin Kit Fox (Vulpes macrotis mutica), the Alameda Whipsnake (lateralis euryxanthus), and the Monarch butterfly (Danaus Plexippus) were determined to have a low potential to occur on the site as the site is already completely developed and fully surrounded by urban development. The remaining special-status species include nesting birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code.

The study area is not within designated critical habitat for any listed plant or wildlife species, nor were any riparian habitat or other sensitive natural communities identified, and no waters of the United States or State are present in the project site.

4.4.1 Impact Analysis
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
The proposed project is not expected to result in any direct adverse impacts to special-status plant or wildlife species or their critical habitat based on the habitat and land uses found on the project site, as described above. Project construction, however, could directly impact the nesting and foraging grounds of nesting birds due to trimming of shrubs that may contain active nests and grading of the site where ground-nesting species may be present. The proposed project would comply with the City of Fremont’s standard development requirements for nesting birds, as described in Section 18.218.050(b)(2) of the FMC and shown in Table 2.C in Section 2.3 of this document. Compliance with these standard requirements would ensure that any special-status plant or wildlife species that may be present in the project area during vegetation clearing and construction activities would be identified, evaluated, and avoided as needed. Therefore, compliance with these measures would ensure that impacts to special-status plant and wildlife species would be less than significant.
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No riparian habitat or other sensitive natural community is present on the project site. As a result, the project would have no impact on riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the CDFW or the United States Fish and Wildlife Service.

25 United States Fish and Wildlife Service. n.d. Information for Planning and Consultation. Website:
https://ipac.eco sphere.fws.gov/location/CGJ5GPYR5FAEJPXOZGK6NBJ4BQ/resources (accessed August 18, 2025) .

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
There are no aquatic resources or potential jurisdictional aquatic features in the project site, and regulatory permits would not be required for project activities. The project would have no impact on wetlands.
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The proposed project site is in a relatively small area isolated by commercial development and does not serve as a wildlife movement corridor. The proposed project would include interior and exterior improvements and updates to the existing structure including demolishing existing tenant improvement features, replacing the existing roof, upgrading power service to the building; the addition of an interior mezzanine level of approximately 6,000 square feet in the southwest corner of the existing building; new loading and receiving docks and drive-in doors; and façade design improvements. No changes to the height or footprint are proposed. Therefore, construction would not pose a collision hazard for migratory birds, and the project site does not contain habitat that would make it an important stopover site for migratory birds. As a result, a less than significant impact would occur.
e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
According to the Arborist Report prepared for the proposed project (Appendix B), 26 many of the
existing trees on the project site are in poor health. In its existing state, the project site consists of 133 existing trees, 86 of which are protected. The proposed project would require the removal of 48 protected trees, requiring 48 mitigation trees. Of the existing trees on-site, 76 would remain as part of the revitalized Landscape Plan.

Protection of remaining trees would be completed in accordance with the City of Fremont’s Standard Details for Tree Protection Fencing and Temporary Trunk Wrap Protection. Removal of protected trees would require a Tree Removal permit and a replacement tree for each removed tree, or an in-lieu fee to be paid to the City at the time of Building Permit Issuance. Pursuant to Chapter 18.215 of the FMC,
27 trees subject to or exempt from permit requirements include:
1) A tree having a diameter at breast height (DBH) of 6 inches or more and located on a vacant or underdeveloped lot;

26 SBCA Tree Consulting. 2024. 43800 Osgood R oad Tree Inventory. September 27. 27 City of Fremont. 2022. Fremont Municipal Code Chapter 18.215 Tree Preservation. Website:
https://www .codepublishing.com/CA/Fremont/html/Fremont18/Fremont18215.html (accessed August 18, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-20 2) A tree having a DBH of 6 inches or more and located on a developed lot, which is the subject of a contemplated or pending application for a development project; 3) A native tree or tree of exceptional adaptability to the Fremont area having a DBH of 10 inches or more;
4) A tree having a DBH of 18 inches or more;
5) A tree that was required by the City to be planted or retained as mitigation for the removal of a tree;
6) A tree planted or retained as a condition of any City-conferred development project approval, including approvals conferred prior to adoption of this chapter; or 7) One of six or more trees of the same species that are located on the same lot and that each have 6 or more inches in DBH.

Trees exempt from permit requirements include the following:
• A tree on a developed lot not greater than 10,000 square feet in area and zoned either R-1 or single-family detached planned district, when the tree is behind the forwardmost face of the front of the principal building. Any architectural feature that is allowed to project into a required front yard under Section 18.170.060 shall not constitute any part of the face of a building for the purposes of this subsection. This exemption shall not apply to any landmark tree or to any tree planted or retained in accordance with any City-imposed requirement. • A container tree.
• A fruit or nut tree of a species grown for commercial food production, except a black walnut or olive tree.
• A private tree or a landmark tree removed or damaged under emergency circumstances as follows:
• The tree has been damaged by storms, ﬂoods, earthquakes, or by any other cause, and a City oﬃcial has determined that its immediate removal or further damage is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property;
• When immediate removal or damage is determined to be necessary by ﬁre department personnel actively engaged in ﬁghting a ﬁre;
• When immediate removal or damage is determined by the landscape architect to be necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property; or

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) • A tree, other than a landmark tree, removed or damaged by a public utility to the extent that such removal or damage is necessary for building or maintaining the public utility’s facilities.

Therefore, compliance with the City’s tree preservation policies, including protected tree replacement or in-lieu fee requirements, as outlined in FMC 18.215.080, would ensure that impacts would be less than significant.
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project site is not located within an HCP/NCCP or other approved local, regional, or state habitat conservation plan. As a result, no impact would occur.

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4.5 CULTURAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Cause a substantial adverse change in the signiﬁcance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the signiﬁcance of an archaeological resource pursuant to §15064.5?
c. Disturb any human remains, including those interred
outside of formal cemeteries?

4.5.1 Impact Analysis
a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
In July of 2025, LSA requested a California Historical Resources Information System (CHRIS) record search. The result of the CHRIS search indicated that no pre-contact Native American resources and no historic-era cultural resources have been previously recorded within the project site. While several cultural resources investigations have been completed in the vicinity, only two reports have been completed which include overlap with the project site (S-023241, S-044861). These studies include review for a cellular facility and a historic property survey report for a freeway performance initiative on I-680, respectively. The study area for both studies overlaps with a small eastern and southeastern portion of the project site. The report associated with the cellular facility (S-023241) did not identify any resources within the project area. While the report prepared for the freeway performance initiative (S-044861) identified two historical resources, (P-01-000023, P-01-002160), the study area was large, and neither resource is located within the vicinity of the project site.

While several reports and resources are recorded in the project vicinity, no historical or archaeological resources were identified within the project site. Aerial imagery shows the project site was developed with smaller uses prior to 1993. These were demolished by 2002, and the existing building and surface parking lot were constructed.

Soil removal extending up to approximately 4 feet is expected for the removal of existing pavement and concrete, landscaping in the existing parking area, and improvements of underground utilities, curbs and gutters, as well as sidewalks, site lighting, fire hydrants, and catch basins. The results of the Geotechnical Engineering Investigation
28 completed for the proposed project indicate that most of the project site is covered with approximately 5 to 6 inches of asphaltic concrete. Below the asphalt and concrete, the project site is underlain with approximately 4 to 5.5 feet of fill material consisting of sandy silty clay, silty sand with gravel, silty sand with clay and sandy clay. Below the fill, the study

28 Krazan & Associates, Inc. 2024. Geotechnical Engineering Investigation, Proposed Osgood Industrial Building. October 10.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) encountered predominantly stiff to very stiff sandy silty clay and sandy clay or medium dense clayey gravel and sandy silt.29
As the project site is already fully developed, no cultural resources or other evidence of past human use or occupation are expected to be present at the site. Based on nearby site distribution and the environmental context, the project site has a moderate archaeological sensitivity. However, based on the results of the Geotechnical Engineering Investigation, previous disturbance in the project site, and relatively shallow proposed ground disturbance (up to 4 feet for project improvements and 8 feet for utility improvements) there is a relatively low potential to uncover historic resources.

Despite the low potential, the possibility of uncovering historic resources cannot be entirely discounted.

The City’s standard development requirements, as described in Table 2.C in Section 2.3 of this document and adopted under FMC Section 18.218.050(d)(2), 30 include provisions for the protection
of historical and cultural resources if they are accidentally discovered during the course of project work. The project would be required to abide by the standard development requirements listed in FMC 18.218.050(d)(2) to protect any potential cultural resources within the project site inadvertently discovered during the course of development. Therefore, the project would have a less than significant impact on historic resources.
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
As discussed in Section 4.5.a of this document, the project site is fully developed and therefore has a low sensitivity for archeological finds. Additionally, based on the results of the Geotechnical Engineering Investigation, previous disturbance in the project site, and relatively shallow proposed ground disturbance (up to 4 feet for project improvements and 8 feet for utility improvements), there is relatively low potential to uncover archaeological resources. Despite the low potential, the possibility of uncovering archaeological resources cannot be entirely discounted. The project would be required to abide by FMC 18.218.050(d)(2), as described above, to protect any potential cultural resources within the project site inadvertently discovered during the course of development.

Therefore, the project would have a less than significant impact on archaeological resources. c. Would the project disturb any humans remains, including those interred outside of formal cemeteries?
Based on the analysis presented in Section 4.5.a of this document, there is relatively low potential to uncover human remains in the project site. Additionally, the project would be required to abide by FMC 18.218.050(d)(2), as described above. As stated in FMC 18.218.050(d)(2)(c), in the event an

29 Krazan & Associates, Inc. 2024. Geotechnical Engineering Investigation, Proposed Osgood Industrial Building. October 10.
30 City of Fremont. 2022. Fremont Municipal Code Section 18.218.050(d)(2). Standard Development Requirements – Cultural and Tribal Cultural Resources. Website: https://www .codepublishing.com/CA/ Fremont/#!/Fremont18/Fremont18218.html#18.218 (accessed August 5, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-24 inadvertent discovery of human remains occurs during the course of development, compliance with CEQA Guidelines Section 15064.5(e)31 would also be required.

CEQA Guidelines Section 15064.5(e): In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
a. The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and b. If the coroner determines the remains to be Native American:
i. The coroner shall contact the Native American Heritage Commission within 24 hours.
ii. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.
iii. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or

2. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. a. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notiﬁed by the commission.
b. The descendant identiﬁed fails to make a recommendation; or c. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Compliance with FMC 18.218.050(d)(2), and CEQA Guidelines Section 15064.5(e) would ensure that the project would have a less than significant impact related to disturbance or inadvertent discovery of human remains.

31 Association of Environmental Professionals. 2025. 2025 CEQA Statute & Guidelines. Website: https://www. califaep.org/docs/CEQA_Handbook_2025combined.pdf (accessed August 6, 2025) .

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4.6 ENERGY

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Result in a potentially signiﬁcant environmental impact due to wasteful, ineﬃcient, or unnecessary
consumption of energy resources during project
construction or operation?

b. Conﬂict with or obstruct a state or local plan for
renewable energy or energy eﬃciency?

The information and analysis in this section have been prepared based on the Air Quality, Energy, and Greenhouse Gas Technical Memorandum for the 43800 Osgood Road Project, in Fremont, California
32 (Appendix A) prepared by LSA Associates, Inc. and dated March 31, 2025.

4.6.1 Impact Analysis
a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation?
The proposed project would increase the demand for energy through day-to-day operations and fuel consumption associated with project construction. The discussion and analysis provided below is based on data included in the California Emissions Estimator Model (CalEEMod) output. CalEEMod output sheets are included within the Air Quality, Energy, and Greenhouse Gas Technical Memorandum (Appendix A).

Construction. As identified in the Project Description, the proposed project would include improvements to reuse the existing structure and surrounding site to convert it into an industrial facility. The proposed project would include site improvements such as internal demolition and construction, grading, paving and landscaping. Construction activities would begin in 2026 and would occur for 6 months.

Construction would require energy for the manufacture and transportation of construction materials, preparation of the site for grading and building activities, and construction activities. All or most of this energy would be derived from nonrenewable resources. Petroleum fuels (e.g., diesel and gasoline) would be the primary sources of energy for these activities. However, construction activities are not anticipated to result in inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the project. Energy (i.e., fuel) usage on the project site during construction would be

32 LSA. 2025. Air Quality, Energy, and Greenhouse Gas T echnical Memorandum for the 43800 Osgood Road Project, Fremont, California. March 31.

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Operation. Operational energy usage is typically associated with natural gas use, electricity consumption, and fuel used for vehicle trips. Energy consumption was estimated for the project using default energy intensities by land use type in CalEEMod. Electricity usage estimates associated with the proposed project are shown in Table 4.6.A.

Table 4.6.A: Estimated Annual Energy Use of Proposed Project Electricity Use
(kWh per year)
Natural Gas Use
(therms per year)
Gasoline
(gallons per year)
Diesel
(gallons per year)
1,500,669 0 144,660 51,245
Source: LSA (March 2025).
kWh = kilowatt -hours

In addition, the proposed project would result in energy usage associated with gasoline to fuel project-related trips. Based on the CalEEMod analysis, the proposed project would result in approximately 3,722,681 VMT per year. The average fuel economy for light-duty vehicles (autos, pickups, vans, and SUVs) in the United States has steadily increased from about 14.9 mpg in 1980 to

22.8 mpg in 2022.
33 The average fuel economy for heavy-duty trucks in the United States has also steadily increased, from 5.7 mpg in 2013 to a projected 8.0 mpg in 2021.34 Therefore, based on the default vehicle fleet mix assumed in CalEEMod and using the USEPA fuel economy estimates, the proposed project would result in the consumption of approximately 144,660 gallons of gasoline per year and 51,245 gallons of diesel fuel per year.

As shown in Table 4.6.A, the estimated potential increased electricity demand associated with the proposed project is 1,500,669 kWh per year. In 2023, Alameda County consumed 11,314 GWh or 11,314,000,000 kWh.35 Therefore, electricity demand associated with the proposed project would be less than 0.1 percent of Alameda County’s total electricity demand.

In addition, the proposed project would result in energy usage associated with gasoline and diesel to fuel project-related trips. As shown above in Table 4.6.A, vehicle trips associated with the proposed project would consume approximately 144,660 gallons of gasoline per year and 51,245 gallons of diesel fuel per year. Based on fuel consumption obtained from CARB’s Emission Factors 2021 model (EMFAC2021), approximately 536.1 million gallons of gasoline and approximately 155.8 million gallons of diesel will be consumed from vehicle trips in Alameda County in 2025. Therefore, gasoline

33 United States Department of Transportation (USDOT). 2023. “Table 4-23: Average Fuel Eﬃciency of U.S.

Light Duty Vehicles.” Website: https://www.bts.gov/con ten t/average-fuel-eﬃcien cy-us-light-du ty-vehi cl es (accessed August 19, 2025 ).
34 California Energy Commission (CEC). 2015. Medium and Heavy -Duty Truck Prices and Fuel Economy 2013 – 2026. Website: eﬁling.energy.ca.gov/getdocument.aspx?tn=206180 ( accessed July 10, 2025). 35 CEC. n.d. California Energy Consumption Dashboards - Electricity Consumption. Website:
https://www.energy.ca.gov/data-reports/ en ergy-almanac/california -el ectri city-data/california-energy- consumption-dashboards-0 (accessed August 6, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) and diesel fuel demand generated by vehicle trips associated with the proposed project would be a minimal fraction of gasoline and diesel fuel consumption in Alameda County. Fuel consumption associated with vehicle trips generated by project operations would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region.

As identified above, the proposed project would be all-electric and would include EV parking. In addition, the expected energy consumption during construction and operation of the proposed project would be consistent with typical usage rates for industrial uses.

PG&E is the private utility that would supply the proposed project’s electricity services. In 2022, approximately 40 percent of PG&E’s delivered electricity came from renewable sources, including solar, wind, geothermal, small hydroelectric, and various forms of bioenergy. 36 PG&E reached
California’s 2020 renewable energy goal in 2017 and is positioned to meet the State’s 60 percent by 2030 renewable energy mandate set forth in SB 100. In addition, PG&E plans to continue to provide reliable service to its customers and upgrade its distribution systems as necessary to meet future demand.

Therefore, the proposed project would not result in the wasteful, inefficient, or unnecessary consumption of fuel or energy and would incorporate renewable energy or energy efficiency measures into building design, equipment use, and transportation. Impacts would be less than significant.
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? In 2002, the Legislature passed SB 1389, which required the CEC to develop an integrated energy plan every 2 years for electricity, natural gas, and transportation fuels for the Integrated Energy Policy Report. The plan calls for the State to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators in implementing incentive programs for zero emission vehicles (ZEVs) and their infrastructure needs, and encouragement of urban designs that reduce VMT and accommodate pedestrian and bicycle access.

The CEC’s 2025 Integrated Energy Policy Report
37 provides the results of the CEC’s assessments of a
variety of energy issues facing California. As indicated above, energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the overall use in Alameda County. In addition, energy usage associated with operation of the proposed project would be relatively small in comparison to the overall use in Alameda County, and the State’s available energy resources. Therefore, energy impacts at the regional level would be negligible. Because California’s energy conservation planning actions are conducted at a regional

36 Paciﬁc Gas and Electric Company (PG&E). 2025 . Clean Energy Solutions . Website: https://www.pge. com/en/about/corporate-responsibility-and-sustainability/taking -responsibility/clean -en ergy- solutions.html (accessed July 10, 2025 ).
37 CEC. 2025. Integrated Energy Policy Report. Website: https://www.energy.ca.gov/data-reports/reports/ integrated-energy-poli cy-report-iepr/2025 -integrated-energy-poli cy-rep ort (accessed August 6, 2025) .

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4.7 GEOLOGY AND SOILS

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Directly or indirectly cause potential substantial adverse eﬀects, including the risk of loss, injury, or death
involving:

i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.

ii. Strong seismic ground shaking?
iii. Seismic -related ground failure, including
liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or oﬀ-site landslide, lateral spreading, subsidence, liquefaction or collapse?

d. Be located on expansive soil, as deﬁned in Table 18-1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property?

e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

Unless otherwise noted, the following analysis is based on the Geotechnical Engineering Investigation prepared for the proposed project, included in Appendix C.38

4.7.1 Impact Analysis
a. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

38 Krazan & Associates, Inc. 2024. Geotechnical Engineering Investigation, Proposed Osgood Industrial Building. October 10 .

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-30 Fault rupture is generally expected to occur along active fault traces that have exhibited signs of recent geological movement (i.e., within the past 11,000 years). Alquist-Priolo Earthquake Fault Zones delineate areas around active faults with potential surface fault rupture hazards that would require specific geological investigations prior to approval of certain kinds of development within the delineated area. The Hayward fault is approximately 0.7 mile to the east of the project site, and the nearest, westerly edge of this fault’s mapped Alquist-Priolo Fault Zone is directly adjacent to the project site.39 Therefore, there is potential for fault rupture at the project site, as it is located adjacent to a mapped Alquist-Priolo Fault Zone. However, the proposed project would comply with the City’s Standard Development Requirements related to geology and soils as described in Municipal Code Section 18.218.050(e)
40 and shown in Table 2.C, which requires the performance of a project specific Geotechnical Investigation (Appendix C), site specific inspections including site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete, the results of which would be submitted to the city building official/city engineer for review prior to final (as-built) project approval. In addition, the proposed project would be required to be engineered and designed in conformance with applicable geotechnical and soil stability standards as required by the California Building Code (CBC), as adopted by the City. Therefore, through compliance with existing regulations, the potential for the proposed project to either directly or indirectly result in substantial adverse effects related to the rupture of a known earthquake fault would be less than significant. ii. Strong seismic ground shaking?
Seismic shaking (or ground shaking) is a general term referring to all aspects of motion of the earth’s surface resulting from an earthquake and is normally the major cause of damage in seismic events.

The Working Group on California Earthquake Probabilities and the United States Geological Survey (USGS) have predicted a 6.4 percent probability of a 6.7 magnitude (Mw, or moment magnitude) 41 or greater earthquake on the Northern San Andreas Fault between 2014 and 2044, a 14.3 percent chance on the Hayward Fault, a 7.4 percent chance on the Calaveras Fault, and a total probability of 72 percent that an earthquake of that magnitude will occur on one of the regional San Francisco Bay Area faults during that time.42
The extent of ground shaking is controlled by the magnitude and intensity of the earthquake, the distance from the epicenter, and local geologic conditions. Although the Hayward Fault is the closest fault, any of the regional faults are capable of producing significant ground shaking in the project

39 DOC. n.d. California Geological Survey Earthquake Zones of Required Investigation, CGS Alquist Pirolo Fault Traces and Zones. Website: https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/ (accessed August 19, 2025) .
40 City of Fremont. 2025. City of Fremont Municipal Code. Section 18.218.050. Website: https://www.code publishing.com/CA/Fremont/#!/Fremont18/Fremont18218.html#18.218 (accessed August 19, 2025) . 41 Moment magnitude (Mw) is now commonly used to characterize seismic events as opposed to Richter Magnitude. Moment magnitude is determined from the physical size (area) of the rupture of the fault plane, the amount of horizontal and/or vertical displacement along the fault plane, and the resistance to rupture of the rock type along the fault.
42 Field, E.H., and 2014 Working Group on California Earthquake Probabilities . 2015 . UCERF3: A New Earthquake Forecast for California’s Complex Fault System: United States Geological Survey 2015 –3009 .

Website: https://dx.doi.org/10.3133/fs20153009 (accessed August 19, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) site. Ground shaking maps prepared by the Association of Bay Area Governments (ABAG) project that during the maximum credible earthquake on the Hayward fault, severe to violent shaking may occur in the project vicinity.43
As previously mentioned, the proposed project would be required to comply with the 2022 California Building Code (Title 24 of the CCR),44 which provides for stringent construction requirements on projects in areas of high seismic risk based on numerous interrelated factors. It is acknowledged that seismic hazards cannot be completely eliminated, even with implementation of advanced building practices. However, the seismic design standards of the California Building Code are intended to prevent catastrophic building failure in the most severe earthquakes currently anticipated. Therefore, compliance with the 2022 California Building Code, which is required by both the City and the State, would ensure that the potential impacts associated with ground shaking would be less than significant.
iii. Seismic-related ground failure, including liquefaction? Soil liquefaction is a phenomenon primarily associated with saturated soil layers located close to the ground surface. These soils lose strength during ground shaking and may move both horizontally and vertically. In areas where sloping ground or open slope faces are present, this mobility can result in lateral spreading. Soils that are most susceptible to liquefaction are clean, loose, uniformly graded, saturated, fine-grained sands that are relatively close to the ground surface. However, loose sands that contain a significant amount of fines (silt and clay) may also liquefy.

The project site is located in an area that has been identified by the California Department of Conservation’s California Geological Survey (CGS) as being in an area susceptible to seismically- induced liquefaction.
45 The intent of the CGS mapping of areas susceptible to earthquake-induced liquefaction is to ensure that geotechnical consultants consider possible liquefaction hazards and perform appropriate site-specific characterization and mitigation of liquefaction hazards. The City of Fremont requires the completion of a geotechnical investigation on new construction sites within a fault zone, a liquefaction zone, and/or a landslide zone. 46 The Geotechnical Engineering
Investigation prepared for the proposed project determined that the soils underlaying the fill material at the site are moderately strong, slightly compressible, and have a moderate expansion potential. In addition, the Geotechnical Engineering Investigation determined that groundwater was

43 Association of Bay Area Governments (ABAG). 2023. Probabilistic Earthquake Shaking Hazard Assessment in Metropolitan Transportation Commission/ABAG Hazard Viewer Map. Website: https://mtc.maps.arcgis. com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8 (accessed August 19, 2025 ).
44 City of Fremont. 2022. Municipal C ode Chapter 15.47: Fremont Residential Building Code. Website:
https://www .codepublishing.com/CA/Fremont/#!/Fremont15/Fremont15.html (accessed August 19, 2025 ).
45 DOC. n.d. California Geological Survey Earthquake Zones of Required Investigation, Liquefaction Zones.

Website: https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/ #data_s=id%3Adata Source_4-191d8e4b825 -layer-21%3A83 (accessed August 19, 2025). 46 City of Fremont. 2011. “Chapter 10: Safety, Policy 10 -1.2. ” City of Fremont General Plan. Website:
https://www .fremont.gov/home/showpublisheddocument/809/637750630888070000 (accessed August 19, 2025 ).

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18.218.050(e).
47 In order to reduce potential hazards associated with liquefaction, the proposed project would be required to utilize compaction reports, perform in-place density tests, and verify that all soils have been compacted to at least 90 percent of maximum dry density prior to construction activities on site. The Geotechnical Engineering Investigation would also require the proposed project to support all new slab-on-grade and exterior flatwork areas by at least 24 inches of non-expansive Engineered Fill. In addition, as detailed further below in Section 4.10, Hydrology and Water Quality, in the event that groundwater is encountered during construction and groundwater dewatering is necessary, any groundwater dewatering during excavation would be conducted in accordance with the requirements of the CGP and the recommendations provided in the Geotechnical Engineering Investigation prepared for the proposed project.

As discussed above in Section 4.7(a)(ii), the applicant would be required to comply with the 2022 California Building Code (Title 24 of the CCR),
48 including Section 1803, which sets out the
requirements for geotechnical investigations and reporting. Additionally, FMC 15.10.350 provides an amendment to the 2022 California Building Code Section 1803 that requires following:
• 1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall state in writing (must be signed and stamped):
o The plans and speciﬁcations substantially conform to the recommendations in the soil investigation.
o The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and ﬁnal reports to the city.
• 1803.9 Field Report. Before requesting a foundation inspection from the city, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide a written ﬁeld report stating:
o The building pad was prepared and compacted in accordance with the soil report and speciﬁcation.

47 City of Fremont. 2025. City of Fremont Municipal Code. Section 18.218.050. Website: https://www .code publishing.com/CA/Fremont/#!/Fremont18/Fremont18218.html#18.218 (accessed August 19, 2025) . 48 City of Fremont. 2022. Municipal Code Chapter 15.47: Fremont Residential Building Code. Website:
https://www .codepublishing.co m/CA/F remon t/#!/Fremont15/Fremont15.html (accessed August 19, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) o The foundation or pier excavation, depth, backﬁll materials, and drainage (if applicable) substantially conforms with the soil report and approved plans. • 1803.10 Final Report. Before ﬁnal inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a ﬁnal report stating the completed pad, foundation, ﬁnish grading, drainage, and associated site work substantially conforms to the approved plans, speciﬁcations, and investigation.

Compliance with the 2022 California Building Code as amended by FMC 15.10.350, would result in foundations that are designed to tolerate any liquefaction-induced settlements, thereby ensuring that potential impacts related to seismic-related ground failure, including liquefaction, would be less than significant.
iv. Landslides?
The proposed project and surrounding area are located in a relatively flat area and therefore would not be affected by landslides. In addition, the project site is not located in an area mapped by CGS as being susceptible to earthquake-induced landslides.
49 Therefore, the proposed project would have
no impact related to landslides.
b. Would the project result in substantial soil erosion or the loss of topsoil? Redevelopment of the project site would involve construction activities such as grading and excavation, which could result in temporary soil erosion when the disturbed soils are exposed to wind or rainfall. Because the proposed project would involve over 1 acre of land disturbance, it would be required to comply with the SWRCB’s CGP, which requires the preparation and implementation of a SWPPP. As described in Section 4.10, Hydrology and Water Quality, of this document, the SWPPP would include erosion control BMPs that would minimize erosion during construction. Upon completion of construction, the project site would be covered with structures, pavement, and landscaping and would not include areas of exposed soil. Therefore, the proposed project would result in less than significant impacts related to soil erosion or loss of topsoil. No mitigation is required.
c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
As previously discussed in Section 4.7.a, above, the project site would not be subject to lateral spreading or landslides. The project site would, however, have the potential for liquefaction-induced settlement and differential settlement. Implementation o f geotechnical recommendations, as

49 DOC. n.d. California Geological Survey Earthquake Zones of Required Investigation, Landslide Zones.

Website: https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/ (accessed August 19, 2025).

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Subsidence can result from the removal of subsurface water resulting in either gradual depression or catastrophic collapse of the ground surface. The proposed project would connect to the City of Fremont’s potable water supply system and would not utilize groundwater at the project site.

Groundwater is expected to be shallow at the project site and may fluctuate due to seasonal fluctuation, underground drainage patterns, and other factors. As discussed further in Section 4.10, Hydrology and Water Quality, groundwater depth at the project site is approximately 12 feet below existing grades, and construction associated with the project would require excavation up to 4 feet for building improvements, and up to 8 feet for utility improvements Any dewatering would be temporary, localized, and would not result in the lowering of surrounding groundwater levels.

Additionally, in the event that groundwater is encountered during construction and groundwater dewatering is necessary, the proposed project would implement the recommendations provided in the Geotechnical Engineering Investigation, which would ensure that any groundwater dewatering during excavation would be conducted in accordance with the requirements of the CGP and recommendations of the Geotechnical Engineering Investigation prepared for the proposed project.

The project site is predominantly underlain by stiff to very stiff sandy clay with gravel and sandy silty clay or loose clayey gravel which are morally strong, slightly compressible, and have moderate expansion potential. To minimize construction and post-construction settlement, the proposed project would be required to utilize compaction reports, perform in-place density tests, and verify that all soils have been compacted to at least 90 percent of maximum dry density prior to construction activities on site. The Geotechnical Engineering Investigation would also require the proposed project to support all new slab-on-grade and exterior flatwork areas by at least 24 inches of non-expansive Engineered Fill.

Compliance with the 2022 California Building Code as amended by FMC 15.10.350 would ensure that potential impacts related to unstable soil would be less than significant. d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Expansive soils are characterized by the potential for shrinking and swelling as the moisture content of the soil decreases and increases, respectively. The changes in soil volume can result in substantial cosmetic and structural damage to buildings and hardscape developed over expansive soils. These effects can be mitigated by moisture conditioning the expansive soil, placing non-expansive fill below slabs and foundations, designing foundations and slabs to resist ground movements associated with volume changes, supporting foundations below the zone of severe moisture change, and/or limiting moisture changes in the surficial soils by using positive drainage away from the building as well as limiting landscape watering.

Moderately expansive fill soils generally blanket the project site. To reduce the potential for damage to the planned structures, the Geotechnical Investigation recommends the proposed project would be required to utilize compaction reports, perform in-place density tests, and verify that all soils have been compacted to at least 90 percent of maximum dry density prior to construction activities

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) on site. The Geotechnical Engineering Investigation would also require the proposed project to support all new slab-on-grade and exterior flatwork areas by at least 24 inches of non-expansive Engineered Fill.

The implementation of geotechnical recommendations, as required by the 2022 California Building Code as amended by FMC 15.10.350, would ensure that potential impacts related to expansive soils at the project site would be less than significant.
e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
Development of the proposed project would not involve the use of septic tanks or alternative wastewater disposal systems. Therefore, the proposed project would have no impact related to septic tanks or alternative wastewater disposal systems. f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
As described in further detail in Section 4.5, Cultural Resources, no paleontological resources or unique geological features are known to exist within or near the project site. However, the possibility of accidental discovery of paleontological resources during project construction cannot be discounted. The City’s standard development requirements, as describe d in Table 2.C, Section 2.3. of this document and adopted under FMC Section 18.218.050(d), 50 include provisions to ensure that
potential impacts to paleontological resources would be less than significant. Compliance with FMC

18.218.050(d) would ensure that construction contractors are notified of the sensitivity of the project site for paleontological resources and ensure that these resources are properly handled in the event of an accidental discovery and therefore would ensure this impact would be less than significant.

50 City of Fremont. 2022. Fremont Municipal Code Section 18.50.050(d)(2). Standard development requirements. Website: https://www .codepublishing.com/CA/Fremont/#!/Fremont18/Fremont18218. html#18.218 (accessed August 19, 2025 ).

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4.8 GREENHOUSE GAS EMISSIONS

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a signiﬁcant impact on the
environment?

b. Conﬂict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

The information and analysis in this section have been prepared based on the Air Quality, Energy, and Greenhouse Gas Technical Memorandum 51 (Appendix A) prepared for the proposed project.

GHGs are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The gases that are widely seen as the principal contributors to human-induced global climate change are:
• Carbon dioxide (CO
2);
• Methane (CH4);
• Nitrous oxide (N2O);
• Hydrofluorocarbons (HFCs);
• Perfluorocarbons (PFCs); and
• Sulfur hexafluoride (SF6).

Over the last 200 years, humans have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere and enhancing the natural greenhouse effect, which is believed to be causing global warming. Although manmade GHGs include naturally occurring GHGs (e.g., CO 2, CH4, and N2O), some gases (e.g., HFCs,
PFCs, and SF6) are completely new to the atmosphere.

Certain gases, such as water vapor, are short-lived in the atmosphere. Others remain in the atmosphere for significant periods of time, contributing to climate change in the long term. Water vapor is excluded from the list of GHGs above because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation.

These gases vary considerably in terms of global warming potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. The GWP is based on several factors, including the relative effectiveness of a gas to absorb infrared radiation and length of time that the gas remains in the atmosphere (i.e., atmospheric

51 LSA. 2025. Air Quality, Energy, and Greenhouse Gas T echnical Memorandum for the 43800 Osgood Road Project, Fremont, California. March 31.

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4.8.1 Impact Analysis
a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
The Air District’s CEQA Guidelines52 identify applicable GHG significance thresholds. The Air District recommends these thresholds of significance for use in determining whether a proposed project will have a significant impact related to climate change. These thresholds evaluate a project based on its effect on California’s efforts to meet the State’s long-term climate goals. Applying this approach, the Air District identifies and provides supporting documentation outlining the requirements that new land use development projects must comply with to achieve California’s long-term climate goal of carbon neutrality by 2045. Based on this research, the Air District has determined that new land use development projects need to incorporate design elements to contribute the “fair share” towards implementation of the goal of carbon neutrality by 2045. If a project is designed and built to incorporate the identified design elements, then it will contribute its portion of what is necessary to achieve California’s long-term climate goals—its “fair share”—and an agency reviewing the project under CEQA can conclude that the project will not make a cumulatively considerable contribution to global climate change.

According to the Air District, a project would have a less than significant impact related to GHG emissions if it would:
a. Include, at a minimum, the following project design elements:

1. Buildings
a) The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).
b) The project will not result in any wasteful, inefficient, or unnecessary electrical usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

2. Transportation
a) Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT

52 Bay Area Air District. 2022. 2022 CEQA Guidelines. Website: https://www .baaqmd.gov/plans-and- climate/california-environmental-quality-act-ceqa/updated- ceqa-guidelines (accessed July 10, 2025) .

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-38 target, reflecting the recommendations provided in the Governor’s Office of Planning and Research's Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15 percent below the existing VMT per capita ii. Office projects: 15 percent below the existing VMT per employee iii. Retail projects: no net increase in existing VMT
b) Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.
b. Or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).

The City adopted its updated CAP, Climate Ready Fremont,53 on October 10, 2023. Climate Ready Fremont provides a series of local GHG reduction and climate adaptation measures to be undertaken through 2023, including transportation, energy, and waste. Some of the key community- level measures include promoting clean power for residents and businesses, investing in EV charging infrastructure and encouraging the use of EVs, requiring green building for new construction, reducing plastic waste, and promoting active transportation options like biking and walking.

In addition, as discussed in Climate Ready Fremont, new development projects that are consistent with the growth projections and applicable GHG reduction measures in Climate Ready Fremont are eligible for CEQA streamlining, per the provisions of State CEQA Guidelines Section 15183.5. Under these provisions, a project that is subject to discretionary review and is consistent with the City’s General Plan growth projections can show consistency with applicable GHG reduction measures in Climate Ready Fremont, and the level of analysis for the project required under CEQA can be streamlined. Furthermore, a project’s incremental contribution to cumulative GHG emissions may be determined not to be cumulatively considerable in such cases.

Construction GHG Emissions. Construction activities associated with the proposed project would produce combustion emissions from various sources. During construction, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles, each of which typically use fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs such as CO
2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment. Exhaust emissions from on- site construction activities would vary daily as construction activity levels change.

The Air District does not have an adopted threshold of significance for construction-related GHG emissions. However, lead agencies are encouraged to quantify and disclose GHG emissions that

53 City of Fremont. 2023. Climate Ready Fremont . October 10. Website: https://www.fremon t.gov/ho me/ showpublisheddocument/14218/638428261066300000 (accessed July 10, 2025) .

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Operational GHG Emissions. Long-term GHG emissions associated with the proposed project would typically be generated from mobile sources (e.g., vehicle trips), area sources (e.g., maintenance activities and landscaping), indirect emissions from sources associated with energy consumption, waste sources (land filling and waste disposal), and water sources (water supply and conveyance, treatment, and distribution). Mobile-source GHG emissions would include project-generated vehicle trips to and from the project. Area-source emissions would be associated with activities such as landscaping and maintenance on the project site. Energy source emissions would be generated at off-site utility providers as a result of increased electricity demand generated by the project. Waste source emissions generated by the proposed project include energy generated by land filling and other methods of disposal related to transporting and managing project generated waste. In addition, water source emissions associated with the proposed project are generated by water supply and conveyance, water treatment, water distribution, and wastewater treatment.

As discussed above, a project would have a less than significant impact related to GHG emissions if it would include the project design elements related to natural gas, energy, VMT, and electric vehicles, required by the Air District or if it would be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). As discussed above, the City’s CAP, Climate Ready Fremont, meets the requirements for a Qualified Greenhouse Gas Reduction Strategy and is designed to streamline environmental review of future development projects in the City, consistent with State CEQA Guidelines Section 15183.5(b). Therefore, the proposed project is evaluated for consistency with applicable GHG reduction measures in Climate Ready Fremont as demonstrated in Table 4.8.A below.

Table 4.8.A: Project Compliance with the Climate Ready Fremont GHG Reduction Measures
GHG Reduction Measure Project Compliance
Measure BU-1: Transition to 100
percent clean electricity
consumption.

Consistent. The proposed project would include solar, which would help generate a portion of the electricity on site. In addition, PG&E is the private utility that would supply the proposed project’s electricity services. In 2022, approximately 40 percent of PG&E’s delivered electricity came from renewable sources, including solar, wind, geothermal, small hydroelect ric, and various forms of bioenergy. PG&E reached California’s 2020 renewable energy goal in 2017 and is positioned to meet the State’s 60 percent by 2030 renewable energy mandate set forth in Senate Bill (SB) 100.

Measure BU-3: Require new
nonresidential construction to be
zero net energy and low carbon.

Consistent. The proposed project would be all-electric, and no natural gas demand is anticipated during construction or operation of the proposed project.

The elimination of natural gas in new development would help projects implement their “fair share” of achieving long -term 2045 carbon neutrality consistent State goals.

Measure BU-8: Reduce energy
consumption in buildings and
operations.

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GHG Reduction Measure Project Compliance
Measure BU-10: Reduce overall
demand on the electrical grid.

Consistent. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility. The proposed project would be all-electric. As identified in the Air District’s CEQA Guidelines, the elimination of natural gas in new development s would help projects implement their “fair share” of GHG emission reductions necessary to achieve carbon neutrality by 2045, consistent with State goals. As such, if a project does utilize natural gas, a lead agency can conclu de that it would not be consistent with achieving the 2045 neutrality goal and will have a cumulative considerable impact on climate change. The proposed project would not include natural gas appliances or plumbing. Therefore, the proposed project would contribute to its “fair share” of GHG emission reductions necessary to support achieving the State goals of long -term GHG emission reductions and carbon neutrality by 2045. In addition, PG&E plans to continue to provide reliable service to its customers and upgrade its distribution systems as necessary to meet future demand. Therefore, the proposed project would not conflict with measures related to reducing overall demand on the electrical grid.

Measure BU-13: Reduce water
consumption in buildings.

Consistent. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility.

Because the proposed project would reuse an existing building, it isn’t expected that the proposed project would substantially increase water consumption, consistent with the intent of this measure.

Measure BU-14: Increase the
capture of rainwater and use of
greywater.

Consistent. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility.

Because the proposed project would reuse an existing building, it isn’t expected that the proposed project would substantially increase water consumption. The proposed project would also be required to comply with the California Model Water Efficient Landscape Or dinance. As such, the proposed project is consistent with the intent of this measure.

Measure BU-15: Increase
sustainable materials use and
recovery in construction and
demolition (C&D).

Consistent. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility. As such, the proposed project would increase sustainable materials use and recovery in construction and demolition.

Measure IN-3: Install
infrastructure to support electric
vehicle (EV) charging and other
zero-emission vehicle (ZEV) fuelin g
needs.

Consistent. The proposed project would provide 56 EV capable parking stalls and 19 EV installed spaces.

Measure IN-5: Improve pedestrian
and bicycle infrastructure as
identified in previous City plans
and in the new Active
Transportation Plan.

Consistent. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, which would locate employees near existing commercial, industrial, and residential uses, reducing the demand for travel by single occupancy vehicles. The proposed project would also provide EV charging and Alameda -Contra Costa Transit District (AC Transit) Bus Route Line 215 has a stop adjacent to the project site. Therefore, the proposed project would support the ability to use alternative and cleaner modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation.

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GHG Reduction Measure Project Compliance
Measure IN-12: Reduce emissions
and air pollution associated with
diesel fuel use in off -road
equipment and stationary sources.

Consistent. Once operational, the proposed project would not include off-road equipment or stationary sources. In addition, implementation of the Air District’s Construction Mitigation Measures, as required by FMC Section 18.218.050(a) would reduce the amount of construction vehicle idling consistent with this measure.

Measure LU-1: Promote and
enhance active transportation
options as identified in the City’s
Active Transportation Plan and
Mobility Action Plan.

Consistent. The project site is currently developed with an existing building that operates as a retail center. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, which would locate employees near existing commercial, industrial, and residential uses, reducing the demand for travel by single occupancy vehicles. The proposed project would also provide EV charging and AC Transit Bus Route Line 215 has a stop adjacent to the project site. Therefore, the proposed project would support the ability to use alternative and cleaner modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation.

Measure LU-2: Reduce vehicle
miles traveled (VMT) and single -
occupancy vehicle trips, as
identified in the General Plan.

Consistent. The project site is currently developed with an existing building that operates as a retail center. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, which would locat e employees near existing commercial, industrial, and residential uses, reducing the demand for travel by single occupancy vehicles. The proposed project would also provide EV charging and AC Transit Bus Route Line 215 has a stop adjacent to the project site. Therefore, the proposed project would support the ability to use alternative and cleaner modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation.

Measure LU-3: Encourage the
adoption of zero-emission
passenger vehicles.

Consistent. The proposed project would provide 56 EV capable parking stalls and 19 EV installed spaces. Therefore, the proposed project is consistent with measures encouraging the use of EVs.

Measure LU-4: Increase transit
ridership and promote transition
to zero-emissions transit.

Consistent. AC Transit Bus Route Line 215 has a stop adjacent to the project site.

Therefore, the proposed project would support the ability to use alternative modes of transportation.

Measure LU-5: Increase
implementation of Transportation
Demand Management (TDM)
strategies as identified in the
General Plan.

Consistent. As discussed in the VMT Analysis prepared for the proposed project, a detailed assessment of VMT reduction strategies that are applicable to the project were considered and applied using the Alameda County Transportation Commission VMT Reduction Calculator Tool. Given that the eventual project tenant is unknown, the VMT Analysis presented several trip reduction strategies that may be utilized to mitigate the VMT impact, including price workplace parking, mandatory employer commute program, or a combination of multiple strategies such as carpool and/or vanpool programs. The proposed project would be required to implement one of these options to ensure VMT impacts would be less than significant. Therefore, the proposed project would support the ability to use alternative modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation. Therefore, the proposed project is consistent with this measure.

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GHG Reduction Measure Project Compliance
Measure LU-6: Reduce the
amount of parking to encourage
transit-oriented development
(TOD) as identified in the General
Plan.

Consistent. The project site is currently developed with an existing building that operates as a retail center. The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, which would locat e employees near existing commercial, industrial, and residential uses, reducing the demand for travel by single occupancy vehicles. The proposed project would also provide EV charging and AC Transit Bus Route Line 215 has a stop adjacent to the project site. Therefore, the proposed project would support the ability to use alternative and cleaner modes of transportation, would promote initiatives to reduce vehicle trips and VMT, and would increase the use of alternate means of transportation.

Measure LU-7: Apply smart
growth and low-carbon land use
development principles.

Source: LSA (March 2025).

As demonstrated in Table 4.8.A above, the proposed project would be consistent with the applicable strategies from Climate Ready Fremont. Therefore, the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant effect on the environment. Impacts would be less than significant.
b. Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
As discussed above, the proposed project is consistent with the City’s CAP, Climate Ready Fremont.

Absent any other local or regional Climate Action Plan, the proposed project was analyzed for consistency with the goals of the 2022 Scoping Plan,54 EO B-30-15, SB 32, and AB 197.

EO B-30-15 added the immediate target of reducing GHG emissions to 40 percent below 1990 levels by 2030. CARB released a second update to the Scoping Plan, the 2017 Scoping Plan,55 to reflect the 2030 target set by EO B-30-15 and codified by SB 32. SB 32 affirms the importance of addressing climate change by codifying into statute the GHG emissions reductions target of at least 40 percent below 1990 levels by 2030 contained in EO B-30-15. SB 32 builds on AB 32 and keeps California on the path toward achieving the State’s 2050 objective of reducing emissions to 80 percent below 1990 levels. The companion bill to SB 32, AB 197, provides additional direction to the CARB related to the adoption of strategies to reduce GHG emissions. Additional direction in AB 197 intended to provide easier public access to air emissions data that are collected by CARB was posted in

54 California Air Resources Board (CARB). 2021. 2022 Scoping Plan Update . May 10. Website: https://ww2. arb.ca.gov/sites/default/ﬁl es/2022 -12/2022 -sp.pdf (accessed July 14, 2025 ). 55 CARB. 2017. California’s 2017 Climate Change Scoping Plan. November. Website: https://ww2.arb.ca.gov/ sites/default/ﬁles/classic/cc/scopingplan/scoping_plan_2017.pdf (accessed August 7, 2025) .

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In addition, the 2022 Scoping Plan assesses progress toward the statutory 2030 target, while laying out a path to achieving carbon neutrality no later than 2045. The 2022 Scoping Plan focuses on outcomes needed to achieve carbon neutrality by assessing paths for clean technology, energy deployment, natural and working lands, and others, and is designed to meet the State’s long-term climate objectives and support a range of economic, environmental, energy security, environmental justice, and public health priorities.

The Air District’s Justification Report established guidance on how individual projects would be consistent with California’s long-term climate goals and provides substantial evidence in supporting the use of their thresholds for projects throughout California because the thresholds are designed to meet the State’s established GHG reduction goals, including the 2022 Scoping Plan goals. If a project is designed and built to incorporate these design elements related to VMT, natural gas, energy, and EVs, then it would contribute its portion of what is necessary to achieve California’s long-term climate goals, and an agency reviewing the project under CEQA can conclude that the project would be consistent with the State’s 2022 Scoping Plan. As discussed above, the City’s CAP, Climate Ready Fremont, meets the Air District’s requirements for a Qualified Greenhouse Gas Reduction Strategy and is designed to streamline environmental review of future development projects in the City, consistent with State CEQA Guidelines Section 15183.5(b) and the Air District’s Justification Report.

As demonstrated above, the proposed project would be consistent with Climate Ready Fremont and would a have a less than significant GHG impact. As analyzed against the thresholds of significance, the proposed project would be contributing its “fair share” of emission reductions to support long- term State goals of GHG emission reductions and carbon neutrality, and would therefore be found to be consistent with regional and State goals and applicable plans for GHG emissions reductions.

Therefore, the proposed project would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in EO B-30-15, SB 32, AB 197, and AB 1279, and would be consistent with applicable plans and programs designed to reduce GHG emissions.

Therefore, the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHG emissions. Impacts would be less than significant.

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4.9 HAZARDS AND HAZARDOUS MATERIALS

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Create a signiﬁcant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?

b. Create a signiﬁcant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?

c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?

d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a signiﬁcant hazard to the public or the environment?

e. For a project located within an airport land use plan or , where such a plan has not been adopted, within 2 miles
of a public airport or public use airport, would the
project result in a safety hazard or excessive noise for people residing or working in the project area?

f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?

g. Expose people or structures, either directly or indirectly, to a signiﬁcant risk of loss, injury or death involving wildland ﬁres?

4.9.1 Impact Analysis
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The project site is currently zoned Regional Commercial (C-R); however, implementation of the proposed project would include a General Plan Amendment and rezoning of the site to the Tech Industrial (I-T) designation, which provides areas devoted to research and development activities; “clean and green” technology; semiconductor, computer hardware, software, and related technology; administrative sales; and engineering facilities. The proposed project would include interior and exterior improvements and updates to the existing structure. Although the tenant and exact operations of the proposed project are not currently known, operation of the site under allowable I-T uses may involve routine transport, use, and/or disposal of hazardous materials.

Hazardous materials (e.g., oil, grease, fuels, paint) would be transported and used on site during proposed construction activities.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) The routine transport, use, or disposal of these hazardous materials could pose a potential hazard to construction workers and future employees working at the project site, as they would be handling the hazardous materials and could therefore be exposed through inhalation of vapors, direct contact with skin, or accidental ingestion. These materials are typical of materials delivered to construction sites. The amount of hazardous chemicals present during construction would be limited to what is required to operate construction equipment and would be handled in compliance with existing government regulations. The routine transport, use, or disposal of these hazardous materials would not pose a significant hazard to the public or environment unless the hazardous materials were accidentally spilled or released into the environment, as discussed in Section 4.9.b, below.

All future uses of the project site would be subject to existing regulatory programs for hazardous materials. The Hazardous Materials (HazMat) Division of the Fremont Fire Department’s Fire Prevention Bureau is designated as the Certified Unified Program Agency (CUPA) for the City of Fremont. The role of a CUPA is to consolidate, coordinate, and make consistent the administrative requirements, permits, inspections, and enforcement activities associated with the regulation of hazardous materials and hazardous wastes. The HazMat Division coordinates the regulation of hazardous materials and hazardous wastes in Fremont through the following programs:
• Hazardous Materials Business Plan (HMBP) Program;
• California Accidental Release Program (CAL-ARP);
• UST Program;
• Hazardous Waste Generator Program; and
• On-Site Hazardous Waste Treatment Tiered Permitting Program.

Businesses that store or use hazardous materials in the city limits of Fremont are required to submit chemical and facility information on the California Environmental Reporting System (CERS), which is a statewide web-based system to support CUPAs in electronically collecting and reporting various hazardous materials-related data as mandated by the California Health and Safety Code and 2008 legislation (AB 2286). Chapter 6.95 of Division 20 of the California Health and Safety Code requires that an HMBP must be submitted to the local CUPA if on-site hazardous materials exceed in aggregate any of the following: 55 gallons for liquids; 500 pounds for solids; or 200 cubic feet of gases at standard temperature and pressure. HMBPs are required to be submitted electronically to the CERS and must include facility information, a Hazardous Materials Inventory Statement, an Emergency Response Plan, and an Emergency Response Training Plan. The HMBP must be re- certified for completeness and accuracy every year or updated and revised as necessary.

The FMC Section 8.35.350
56 states that any person, firm, or corporation which handles, uses, or stores any hazardous material (pursuant to Section 8.35.070) shall obtain and keep current a Hazardous Materials Management Permit, even at quantities that do not require the filing of a HMBP under the California Health and Safety Code. To obtain a hazardous materials permit, each applicant must submit a written plan, for approval by the City, known as a Hazardous Materials

56 City of Fremont. 2022. Fremont Mu nicipal Code Section 8.35.350 : Hazardous Materials Management.

Website: https://www .codepublishing.com/CA/Fremont/html/Fremont08/Fremont0835.html (accessed July 14, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-46 Management Plan (HMMP), 57 which shall demonstrate the safe storage, transportation, use and handling of hazardous materials in compliance with FMC Chapter 8.35, Article IV58, including preparation of a Hazardous Materials Inventory Statement. Pursuant to FMC Section 8.35.100,59 satisfactory provisions must be made for appropriate containment, neutralization, and removal of spills or leakage of hazardous materials that may occur during storage, handling, transportation, or use, including necessary safety equipment for personnel. The City determines what provisions are “satisfactory” and what safety equipment is “necessary.” No person, firm or corporation shall receive a Certificate of Occupancy for any facility involving the handling of hazardous materials until a permit or approval has been issued.

CAL-ARP aims to reduce the likelihood and impact of accidental releases of regulated toxic and flammable substances. Under CAL-ARP, facilities that handle more than a threshold quantity of a regulated hazardous substance, such as federally listed extremely hazardous toxic and flammable substances, and State-listed acutely hazardous materials, must prepare a Risk Management Plan (RMP). The RMP must analyze the potential for accidental release. Facilities that are required to prepare an RMP must obtain and keep current a CAL-ARP Program Facility Permit, as issued by the Fremont Fire Prevention Division.

Worker health and safety is regulated at the federal level by the United States Department of Labor, Occupational Safety and Health Administration (OSHA). OSHA regulations include training requirements for construction workers and a requirement that hazardous materials be accompanied by manufacturer’s Safety Data Sheets (SDSs). The Federal Occupational Safety and Health Act of 1970 authorizes states to establish their own safety and health programs with OSHA approval.

Worker health and safety protections in California are regulated by the California Department of Industrial Relations (DIR). The DIR includes the Division of Occupational Safety and Health (DOSH), which acts to protect workers from safety hazards through its California OSHA (Cal/OSHA) program.

Cal/OSHA regulations include requirements for protective clothing, training, and limits on exposure to hazardous materials. California standards for workers dealing with hazardous materials are contained in CCR Title 8 and include practices for all industries (General Industrial Safety Orders), and specific practices for construction. The routine transport, use, and disposal of hazardous materials at the project site during operation and construction activities would be required to comply with a project Health and Safety Plan (HASP) prepared in accordance with CCR Title 8, which would mitigate potential health hazards for workers related to the routine transport, use, or disposal of hazardous materials to a less than significant level.

Because the proposed project would result in soil disturbance greater than 1 acre, management of hazardous materials during construction activities would be subject to the requirements of the

57 Section 25504 of the California Health and Safety Code states that, to reduce duplicative regulatory requirements, preparation of a HMBP , for facilities required to do so, also meets the requirements for a HMMP where required by other applicable codes.
58 City of Fremont. 2022. Fremont Municipal Code Chapter 8.35, Article IV . Hazardous Materials Management Plan. Website: https://www .codepublishing.com/CA/Fremont/html/Fremont08/F remont 0835.html#8.35.220 (accessed July 14, 2025 ).
59 City of Fremont. 2022. Fremont Municipal Code Section 8.35.100 Safety Provisions. Website: https://www. codepublishing.com/CA/Fremont/html/Fremont08/Fremont0835.html#8.35.100 (accessed July 14, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) SWRCB’s National Pollutant Discharge Elimination System (NPDES) Permit Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002, as amended by Orders No. 2010-0014-DWQ, 2012-0006-DWQ, and 2022-0057-DWQ) ( CGP). The CGP requires preparation and implementation of a SWPPP, which is discussed in more detail in Section 4.10, Hydrology and Water Quality. The SWPPP includes hazardous materials storage requirements; for example, construction site operators must store chemicals in watertight containers (with appropriate secondary containment to prevent any spillage or leakage) or in a storage shed (completely enclosed).

The transportation of hazardous materials is subject to United States Department of Transportation (USDOT), RCRA, and State regulations. In 1990 and 1994, the federal Hazardous Materials Transportation Act was amended to improve the protection of life, property, and the environment from the inherent risks of transporting hazardous materials in all major modes of commerce. The USDOT developed hazardous materials regulations that govern the classification, packaging, communication, transportation, and handling of hazardous materials, as well as employee training and incident reporting. The California Highway Patrol, Caltrans, and the DTSC are responsible for enforcing federal and State regulations pertaining to the transportation of hazardous materials.

As part of Alameda County Water District’s (ACWD) Groundwater Protection Program, ACWD has entered into Cooperative Agreements with both the California Regional Water Quality Control Board – San Francisco Bay Region
60 and the City of Fremont,61 which allows ACWD to provide technical oversight for the investigation and remediation at LUST sites and sites where the pollution is attributed to spills or leaks from structures other than underground fuel tanks, now referred to as Site Cleanup Program sites or SCP (formerly known as Spills, Leaks, Investigation, and Cleanup sites or SLIC sites). As a result, ACWD must be notified if any soil and/or groundwater contamination is encountered during implementation of the proposed project.

Construction of the proposed project would result in the generation of various waste materials that would require recycling and/or disposal, including some waste materials that may be classified as hazardous waste. Hazardous wastes would be required to be transported by a licensed hazardous waste hauler and disposed of at facilities that are permitted to accept such materials as required by the USDOT, RCRA, and State regulations.

Compliance with the existing hazardous materials regulations and programs described above, including the CGP; requirements for HMBPs, HMMPs, and RMPs for facilities handling hazardous materials; Cal/OSHA CCR Title 8 and OSHA regulations; ACWD SCP investigation/remediation procedures; and USDOT, RCRA, and State regulations would ensure that the proposed project would

60 Alameda County Water District (ACWD). 1996 (updated 2013). Cooperative Agreement between San Francisco Bay Regional Water Quality Control Board and Alameda County Water District, dated June 27, 1996, updated May 28, 2013. Website: https://www.acwd .org/Do cu men tCen ter/View/132 (accessed July 14, 2025).
61 ACWD. 1997. Cooperative Agreement between City of Fremont and Alameda County Water District (Agreement 2880), dated March 25, 1997. Website: https://www.acwd .org/Do cu men tCenter/View/128 (accessed July 14, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-48 not create a significant hazard to the public or the environment associated with the routine transport, use, or disposal of hazardous materials by ensuring that these materials are properly handled during construction and operation of the proposed project. Therefore, any impacts would be considered less than significant.
b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
There are two primary ways that the public and/or the environment could be affected by the release of hazardous materials from the project site, including: (1) exposing workers and/or the public to potentially contaminated soil and groundwater during construction and/or operation of the project; or (2) exposing workers and/or the public to hazardous building materials (e.g., lead paint, asbestos) during demolition of existing structures.

As described above, small quantities of common hazardous materials would be used at the project site during construction and operation of the proposed project. Improper use, storage, or handling could result in the release of hazardous materials into the environment which could pose a risk to construction workers and the public. However, during construction and operation of the proposed project, compliance with CAL-ARP, as well as the other existing hazardous materials regulations and programs described above (including NESHAPS; the CGP; requirements for HMBPs, HMMPs, and RMPs for facilities handling hazardous materials; Cal/OSHA CCR Title 8 and OSHA regulations; ACWD SCP investigation/remediation procedures ;and USDOT, RCRA, and State regulations), would reduce the potential for releases of hazardous materials that would be routinely transported, used, disposed of during construction and operation of the proposed project and would ensure that impacts to human health or the environment associated with accidental releases of hazardous materials resulting from the proposed project would be less than significant. c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? In compliance with existing regulations, the proposed project would not produce or emit hazardous emissions or handle a significant amount of hazardous or acutely hazardous materials, substances, or wastes during either construction or operations. The nearest school facility in proximity to the project site is the Stratford School, located at 43077 Osgood Road, approximately 0.4 miles northwest. As discussed above, construction activities associated with the proposed project would use a limited amount of hazardous substances during heavy equipment operation for site excavation, grading, and construction. The amount of hazardous chemicals present during construction would be limited and would be in compliance with existing government regulations.

During project operation, the proposed project would not require the use, storage, disposal, or transport of large volumes of hazardous materials that could cause serious environmental damage in the event of an accident. Although hazardous substances would be present and utilized in limited amounts within the project site, they would typically be present in small quantities and can be cleaned up without affecting the environment. Therefore, the proposed project is not located within one-quarter mile of an existing or proposed school, and impacts related to hazardous emissions or

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) handling of hazardous or acutely hazardous materials, substances, or waste would be less than significant.
d. Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The project site and project vicinity were evaluated via the SWRCB’s GeoTracker database, 62 the
DTSC’s EnviroStor database,63 and the Cortese List64 for the purposes of identifying hazardous materials sites associated with the project site. The project site is not included on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. In addition, no active hazardous materials sites were identified within 1,000 feet of the project site. Similarly, the project site is not included on the SWRCB GeoTracker, which identifies sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites. Therefore, the database results indicate that although the project site is not included on the list of hazardous materials release sites compiled in accordance with Government Code Section 65962.5 (also known as the Cortese List), and it does not pose a potential hazard to the public or environment. Therefore, no impact associated with the proposed project being included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 would occur.
e. Would the project be located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? There are no airports within Fremont, and the project site is not within 2 miles of any public airport, or in the vicinity of a private airstrip. The closest airports to the project site are Norman Y. Mineta San Jose International Airport (SJC) Palo Alto Airport, and Moffett Federal Airfield, each approximately 10 miles away. As such, there are no associated airport land use plans applicable to the site, and the project would not result in a safety hazard for people working at the site. No impact would occur.
f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The proposed project would be consistent with the policies outlined in the City’s General Plan Safety Element
65 and would be designed to meet all applicable federal, State, and local fire safety codes.

Vehicular access to the project site would be provided via two driveways off Osgood Road, on the

62 State Water Resources Control Board (SWRCB). 2022. Geotracker Database. Website: https://geotracker. waterboards.ca.gov/ ( accessed July 14, 2025 ).
63 California Department of T oxic Substances Control (DTSC). 2022. EnviroStar Database . Website:
https://www.envirostor.dtsc.ca.gov/public/ (accessed July 14, 2025 ). 64 California Environmental Protection Agency. 2020. Cortese List Data Resources. Website: calepa.ca.gov/ sitecleanup/corteselist/ (accessed July 14, 2025).
65 City of Fremont. 2011. “Chap ter 10: Safety Element.” City of Fremont General Plan. Website: https://www. fremont.gov/home/showpublisheddocument/809/637750630888070000 (accessed July 14, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-50 western boundary of the project site. According to the Fire Access Road Plan prepared for the proposed project 66, the northern entrance would include a 35-foot-wide driveway and would provide access to the western side of the building, which would be designated for aerial apparatus access in the event of an emergency. Circulation throughout the project site would be consistent with applicable requirements regarding fire access in the event of an emergency, including all Fremont Fire Department standards, City of Fremont ordinances, and the California Fire Code. The proposed project would not reduce the number of traffic lanes on Osgood Road and would not alter the existing street layout; therefore, it would not alter or obstruct emergency evacuation routes.

Therefore, the proposed project would not be expected to impair the function of nearby emergency evacuation routes and would have less than significant impacts on implementation of an adopted emergency response plan or emergency evacuation plan.
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
The California Department of Forestry and Fire Protection (CAL FIRE) has mapped very high fire hazard severity zones in Alameda County to help responsible local agencies, such as the Fremont Fire Department and Fire Prevention Bureau, identify measures to reduce the potential for loss of life, property, and resources from wildland fire. The project site and surrounding area are mapped by CAL FIRE as being outside of the very high fire hazard severity zone (VHFHSZ). 67 The project site is in an urban area. Vegetation on the project site consists primarily of landscape plants on the perimeter of the project site. The project site is surrounded by existing roadways, and vegetation in the immediate vicinity of the project site consists primarily of trees and landscaped areas within surrounding properties. There are no large areas of vegetated open space in the vicinity of the project site.

Construction of the proposed project would require the use of construction equipment that could generate sparks and temporarily increase fire risks. Operation of the proposed project could involve industrial activities that could also increase fire risks, and if proposed landscaping vegetation on the project site is not appropriately managed, the project could increase the risk of fire spreading from the project site to surrounding areas. As discussed above, potential handling of hazardous materials during project operation, which may include flammable materials, would be managed under an HMBP. Tenants of the proposed project would also be required by OSHA to establish an emergency action plan that would reduce the exposure of employees to risks of loss, injury, or deaths in the event of fires. However, the project site is not within an area mapped by CAL FIRE as a VHFHSZ; therefore, activities at the project site that have the potential to increase risks of fire are unlikely to contribute to the start or spread of wildland fire. Therefore, impacts related to significant risk of loss, injury, or death involving wildland fire would be less than significant.

66 Kier and Wright. 2024. 43800 Osgood Road Fire Access Road Plan. November 12. 67 California Department of Forestry and Fire Protection (CAL FIRE). 20 25.Fire Hazard Severity Zones Mapper.

Website: https://calﬁre-forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b 29d89597ab693d008 (accessed July 14, 2025 ).

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4.10 HYDROLOGY AND WATER QUALITY

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or groundwater quality?

b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin ?

c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:

i. Result in substantial erosion or siltation on - or
off-site;
ii. Substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or offsite;

iii. Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or

iv. Impede or redirect flood flows?
d. In ﬂood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conﬂict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?

4.10.1 Impact Analysis
a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality ? The State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCBs) regulate the quality of surface water and groundwater bodies throughout California. In the Bay Area, including the project site, the San Francisco Bay Regional Water Quality Control Board (Water Board) is responsible for implementation of the Water Quality Control Plan (Basin Plan). The Basin Plan establishes beneficial water uses and water quality objectives for waterways and water bodies within the region. Section 303(d) of the federal Clean Water Act (CWA) requires that states identify water bodies (including bays, rivers, streams, creeks, and coastal areas) that do not meet water quality standards and the pollutants that are causing the impairment. Total Maximum Daily Loads (TMDLs) describe the maximum amount of a pollutant that a water body can receive while still meeting established water quality standards. A TMDL establishes limits for pollutant discharges into impaired water bodies.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-52 Under existing conditions, stormwater at the project site either infiltrates at the project site or flows northwest to discharge into existing drainage infrastructure within Osgood Road. The existing topography of the project site gently slopes from south to north and northwest towards Osgood Road along the western boundary of the project site, with approximately 2 percent slopes.

Stormwater from the project site ultimately discharges to Mud Slough and San Francisco Bay. The SWRCB 2024 California Integrated Report for CWA Section 303(d) does not list any impairments for Mud Slough. The Lower San Francisco Bay is listed as an impaired water body for the following pollutants: dichlorodiphenyltrichloroethane (DDT), mercury, selenium, dioxin compounds, furan compounds, polychlorinated biphenyls (PCBs), dieldrin, trash, PCBs (dioxin-like), and chlordane. 68 Runoff water quality is regulated by the NPDES Program (established through the federal CWA). The NPDES program objective is to control and reduce pollutant discharges to surface water bodies.

Compliance with NPDES permits is mandated by State and federal statutes and regulations. Locally, the NPDES Program is administered by the Water Board. According to the water quality control plans of the Water Board, any construction activities, including grading, that would result in the disturbance of 1 acre or more would require compliance with SWRCB’s CGP, 69 which requires
preparation of a SWPPP and implementation of Construction BMPs during construction activities.

Construction BMPs would include, but not be limited to, Erosion Control and Sediment Control BMPs designed to minimize erosion and retain sediment on site and Good Housekeeping BMPs to prevent spills, leaks, and discharge of construction debris and waste into receiving waters.

The proposed project would be subject to the California RWQCB San Francisco Bay Region’s Municipal Regional Stormwater NPDES Permit (MRP), which went into effect on July 1, 2022 (Order R2-2022-0018, amended October 2023 by Order R2-2023-019; NPDES Permit No. CAS612008). The MRP covers stormwater discharges from municipalities and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara counties; the cities of Fairfield, Suisun City, and Vallejo; and the Vallejo Flood & Wastewater District, which have joined together to form the Solano Stormwater Alliance (Solano Permittees). Provision C.3 of the MRP requires new development and redevelopment projects that would replace more than 5,000 square feet of existing impervious surfaces to include post-construction stormwater control in project designs. Under the Provision C.3 requirements, the preparation and submittal of a Stormwater Quality Control Plan (SWQCP) would be required. The proposed project includes an SWQCP
70, which would treat a total of 145,745 square feet of existing, new, and replaced impervious area.

The purpose of a SWQCP is to detail the design elements and implementation measures necessary to meet the post-construction stormwater control requirements of the MRP. SWQCPs must include Low Impact Development (LID) design measures, which reduce water quality impacts by preserving and recreating natural landscape features, minimizing imperviousness, and using stormwater as a resource rather than a waste product. Additionally, the preparation of a Stormwater Facility

68 SWRCB. 202 4. 2024 California Integrated Report. Website: https://www.waterboards.ca.gov/water_ issues/programs/water_qual ity _assessment/2024-integrated-rep ort.html (accessed July 28, 2025 ). 69 NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order No. 2022 -0057 -DWQ, NPDES No. CAS000002) . 70 Kier and Wright. 2024. Stormwater Quality Control Plan. November 14.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) Operation and Maintenance Plan is required to ensure that stormwater control measures are inspected, maintained, and funded for the life of the project.

Construction. The proposed project involves interior demolition and construction, as well as grading, paving and landscaping of outdoor areas. Project construction would include the addition of an approximately 6,000-square-foot mezzanine, removal of existing pavement and concrete, and landscaping in the existing parking area. In addition, the project would include improvements of underground utilities, curbs and gutters, as well as sidewalks, site lighting, fire hydrants, and catch basins. Pollutants of concern during construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. During construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. In addition, chemicals, liquid products, petroleum products (e.g., paints, solvents, and fuels), and concrete-related waste may be spilled or leaked, and they have the potential to be transported via stormwater runoff into receiving waters.

Because construction of the proposed project would disturb greater than 1 acre of soil, the project is subject to the requirements of the CGP,
71 which requires preparation of a SWPPP and
implementation of construction BMPs during construction activities. Compliance with the CGP would include submission of Permit Registration Documents (PRDs), including a Notice of Intent for coverage under the permit to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS). The project applicant would provide the Waste Discharge Identification Number (WDID) to the Planning Manager of the City of Fremont Planning Department, or designee, to demonstrate proof of coverage under the CGP. Project construction would not be initiated until a WDID is received from the SWRCB and is provided to the City, or designee.

The SWPPP would be prepared by a Qualified SWPPP Developer in accordance with the requirements of the CG P. Requirements include: BMPs for erosion and sediment control, site management/housekeeping/waste management, management of non-stormwater discharges, run- on and runoff controls, and BMP inspection/maintenance/repair activities. BMP implementation would be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association’s Best Management Handbook: Construction. 72 The SWPPP would also include a construction site monitoring program that identifies requirements for dry-weather visual observations of pollutants at all discharge locations, and as appropriate (depending on the Risk Level), sampling of the site effluent and receiving waters. A Qualified SWPPP Practitioner would be responsible for implementing the BMPs at the site and performing all required monitoring and inspection/maintenance/repair activities. Upon completion of construction and stabilization of the site, a Notice of Termination would be submitted via SMARTS. Construction

71 SW RCB’s National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order No. 2022 -0057 -DWQ, NPDES No. CAS000002) .
72 California Stormwater Quality Association. n.d. BMP Handbooks. Website: https://www.casqa.org/ resources/bmp-handbooks (accessed August 7, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-54 BMPs would include, but are not limited to, Erosion Control and Sediment Control BMPs designed to minimize erosion and retain sediment on site and Good Housekeeping BMPs to prevent spills, leaks, and discharge of construction debris and waste into receiving waters.

Exploratory borings conducted on the project site during preparation of the Geotechnical Engineering Investigation
73 for the proposed project measured groundwater at a depth range of approximately 12 feet below existing site grade. Additionally, historic high groundwater was estimated to be 5 feet based on information from the Sustainable Groundwater Management Data Viewer (SGMA).
74 Soil removal extending up to approximately up to 4 feet for building improvements, and up to 8 feet for utility improvements is expected for the removal of existing pavement and concrete, landscaping in the existing parking area, and improvements of underground utilities, curbs and gutters, as well as sidewalks, site lighting, fire hydrants, and catch basins. Fluctuations in groundwater levels can occur due to many factors, including seasonal precipitation, land use and climatic conditions, and other factors. Therefore, although dewatering is not anticipated as part of project construction, dewatering and/or waterproofing may be required should structures or excavations extend below groundwater depth. Release of dewatered groundwater to surface waters can introduce total dissolved solids and other constituents to surface waters and could cause degradation of the receiving water quality. In the event that groundwater is encountered during construction and groundwater dewatering is necessary, any groundwater dewatering during excavation would be conducted in accordance with the requirements of the CGP and the recommendations provided in the Geotechnical Engineering Investigation prepared for the proposed project. As previously stated, compliance with the recommendations provided in the Geotechnical Engineering Investigation are required pursuant to the City’s Standard Development Requirements related to geology and soils as described in Municipal Code Section 18.218.050(e). 75 Proper groundwater dewatering practices in conformance with CGP standards and the recommendations provided in the Geotechnical Engineering Investigation, pursuant to FMC Section

18.218.050(e) would address potential impacts related to groundwater dewatering, and would include the following:
• Construction General Permit and Geotechnical Recommendations. Prior to dewatering at the project site or in the event that earthwork is performed during or soon after periods of precipitation, the project applicant shall notify the City of Fremont to consult the project applicant’s engineer to identify remedial measures to implement during groundwater dewatering. Remedial measures may include installation of a standpipe piezometer, discing and aerating the soil during dry weather, mixing the soil with dryer materials, and removing and replacing soil with an approved lime or cement product. In addition, all dewatering would be required to be conducted in accordance with the CGP, which allows the discharge of dewatering effluent if the source of the water is uncontaminated groundwater and is properly filtered or

73 Krazan & Associates, Inc. 2024. Geotechnical Engineering Investigation, Proposed Osgood Industrial Building. October 10.
74 Ibid.
75 City of Fremont. 2025. City of Fremont Municipal Code. Section 18.218.050. Website: https://www.code publishing.com/CA/Fremont/#!/Fremont18/Fremont18218.html#18.218 (accessed August 19, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) treated, using appropriate technology. The discharge of dewatering effluent is authorized under the CGP if the following conditions are met:
○ The discharge does not cause or contribute to a violation of any water quality standard; ○ The discharge does not violate any other provision of the CGP; ○ The discharge is not prohibited by the applicable Basin Plan; ○ The discharger has included and implemented specific BMPs required by the CGP to prevent or reduce the contact of the non-stormwater discharge with construction materials or equipment;
○ The discharge does not contain toxic constituents in toxic amounts or (other) significant quantities of pollutants;
○ The discharge is monitored and meets the applicable numeric action levels; and ○ The discharger reports the sampling information in the annual report. • If any of the above conditions are not satisfied, the discharge of dewatering effluent is not authorized by the CGP and the discharger must notify the local RWQCB to determine whether a separate NPDES permit is necessary.

Adherence with the recommendations provided in the Geotechnical Engineering Investigation for groundwater dewatering, and implementation of the required SWPPP, construction BMPs, and dewatering requirements, would ensure construction impacts related to surface water quality standards, waste discharge requirements, and surface water quality would be less than significant.

Operation. Pollutants of concern from long-term operations include pathogens (bacteria/viruses), metals, nutrients, motor vehicle lubricants, coolants, disc brake dust, toxic organic compounds, pesticides/herbicides, sediments/total suspended solids, trash and debris, and oil and grease. The City of Fremont is under the purview of the MRP. Therefore, the proposed project would be subject to the requirements of Provision C.3 of the MRP because the project would replace more than 5,000 square feet of existing impervious surfaces.

Per Provision C.3 of the MRP, prior to the issuance of any permits for ground-disturbing activities, the project applicant would submit the SWQCP to the City’s Planning Manager for review and approval. The SWQCP would then act as the overall program document designed to provide measures to mitigate potential water quality impacts associated with operation of the proposed project. The SWQCP would be prepared in accordance with the requirements and guidelines set forth in the Alameda Countywide Clean Water Program C3 Technical Guidance Manual and the City of Fremont Stormwater Control Plan Guidance Manual. At a minimum, the SCP for the project would include:
• An inventory and accounting of existing and proposed impervious areas.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-56 • Low Impact Development (LID) design details incorporated into the project. Specific LID design may include but is not limited to: using pervious pavements and green roofs, dispersing runoff to landscaped areas, and/or routing runoff to rain gardens, cisterns, swales, and other small- scale facilities distributed throughout the site.
• Measures to address potential stormwater contaminants. These may include measures to cover or control potential sources of stormwater pollutants at the project site. • A Draft Stormwater Facility Operation and Maintenance Plan for the project site, which would include periodic inspection and maintenance of the storm drainage system and identification of persons responsible for performing and funding the requirements of the plan. The plan would be finalized prior to issuance of building permits for the project.

The proposed project would increase the impervious surface coverage on the project site compared to existing conditions. However, the increase would be minimal. Under existing conditions, the 488,285 square foot project area contains 384,141 square feet of impervious area. The proposed project would replace and add a total of 135,130 square feet of impervious area, with additional impervious area consisting of impervious sidewalks, patios, paths, driveways, and parking. As the proposed project mainly consists of minor modifications to an existing structure, it would generally maintain the existing drainage pattern at the project site, infiltrating stormwater at the project site and reducing the peak runoff from the project site prior to discharging into existing stormwater infrastructure in Osgood Road. The proposed project would include one Drainage Management Area (DMA) which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff, a s required by the Alameda County MS4 Permit. Therefore, compliance with the requirements of the MRP would ensure that operational impacts to water quality would be less than significant.

Overall, because the proposed project would be required to comply with the recommendations provided in the Geotechnical Engineering Investigation and all other existing regulations, including the CGP and the MRP, the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Impacts would be less than significant.
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project site is located within the Niles Cone Groundwater Basin, a subbasin of the larger Santa Clara Valley groundwater basin.
76 The Niles Cone Subbasin (Number 2-9.01) has a surface area of 65,800 acres (103 square miles) and is bounded to the north by the boundary of the ACWD and southern portions of the City of Hayward; to the south by the Alameda County/Santa Clara County boundary; to the east by the Diablo Range; and to the west by the San Francisco Bay. Alameda Creek, the principal stream in the basin, flows near the eastern and northern margins of the basin,

76 California Department of Water Resources (DWR). 2018. Groundwater Basin Boundary Assessment T ool.

Website: https://gis.water .ca.gov/app/bbat/ (accessed July 31, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) and Coyote Creek flows along the southern margin of the basin. Average precipitation within the basin is about 18 inches annually. The Niles Cone Basin consists chiefly of the alluvial fan formed by Alameda Creek as it exits the Diablo Range and flows toward the San Francisco Bay.

The Sustainable Groundwater Management Act (SGMA), which was enacted in September 2014, requires governments and water agencies of high- and medium-priority basins to halt overdraft of groundwater basins. The SGMA requires the formation of local Groundwater Sustainability Agencies (GSAs), which are required to adopt Groundwater Sustainability Plans to manage the sustainability of the groundwater basins; ACWD is the GSA identified for the Santa Clara basin.

Construction. As discussed in Section 4.10.a, above, groundwater depth at the project site is approximately 12 feet below existing grades, and construction associated with the project would require excavation up to up to 4 feet for building improvements, and up to 8 feet for utility improvements. However, fluctuations in groundwater levels can occur due to many factors, including seasonal precipitation, land use and climatic conditions, and other factors, and dewatering may be required during construction. Any dewatering would be temporary and would affect only the uppermost water-bearing zone. Such dewatering would be localized and would not result in the lowering of surrounding groundwater levels. Release of dewatered groundwater to surface waters can introduce total dissolved solids and other constituents to surface waters and could cause degradation of the receiving water quality. In the event that groundwater is encountered during construction and groundwater dewatering is necessary, the proposed project would implement the recommendations provided in the Geotechnical Engineering Investigation, which would ensure that any groundwater dewatering during excavation would be conducted in accordance with the requirements of the CGP and recommendations of the Geotechnical Engineering Investigation prepared for the proposed project .

Operation. Water service for the proposed project would be provided by ACWD, which has three primary sources of water supply: the State Water Project (SWP), the San Francisco Public Utilities Commission Regional Water System (SFPUC RWS), and local supplies. Local supplies include groundwater from the Niles Cone Groundwater Basin, desalinated brackish groundwater from portions of the groundwater basin previously impacted by saltwater intrusion, and surface water from the Del Valle Reservoir. SWP water is primarily sourced from rainfall and snowmelt runoff in Northern and Central California watersheds and water diverted from the Delta, and SFPUC RWS water is primarily sourced from the Central Sierra Nevada and local watersheds in Alameda and San Mateo counties. Therefore , operation of the proposed project would likely involve the use of both surface and groundwater sources for potable water.
77 The 2020–2025 Urban Water Management Plan (UWMP) indicates that ACWD has sufficient water supplies to meet normal-year demands through 2045; however, deficiencies can occur as a result of dry winter weather or from an extended interruption of imported supplies. ACWD manages all its water supplies every year to maintain target levels in the Niles Cone aquifer and will take actions to maintain appropriate groundwater levels, including: maximizing the import of additional water for artificial recharge of the groundwater basin; reducing use of local groundwater; and maximizing the

77 ACWD. 2021. Alameda County Water District Urban Water Management Plan 2020 –2025. Website:
https://www .acwd.org/DocumentCenter/View/3816/Final-2020 -2025 -UWMP (accessed July 31, 2025) .

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-58 use of imported supplies. 78 Therefore, it is not anticipated that the increase in water demand that would result from implementation of the proposed project would substantially decrease groundwater supplies.

Development of the proposed project would result in a minor increase in impervious surfaces on the project site. However, in compliance with the MRP, the proposed project would include one DMA which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff. Due to the incorporation of the DMA, the implementation of LID techniques as required by the MRP and required compliance with the recommendations provided in the Geotechnical Engineering Investigation, the proposed project would not result in a significant decrease in groundwater recharge that would result in a net deficit in aquifer volume or a lowering of the local groundwater table level. Therefore, the proposed project would not interfere with groundwater recharge.

For the reasons listed above, impacts related to the decrease of groundwater supplies or interference with groundwater recharge would be less than significant. c. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site; Erosion or Siltation. During construction activities, more than 1 acre of soil would be disturbed. Soil would be exposed, drainage patterns would be temporarily altered during grading and other construction activities, and there would be an increased potential for soil erosion and siltation compared to existing conditions. Additionally, during a storm event, soil erosion and siltation could occur at an accelerated rate. The CGP requires the preparation of a SWPPP to identify construction BMPs to be implemented as part of the proposed project to reduce impacts on water quality during construction, including those impacts associated with soil erosion and siltation. With compliance with the requirements in the CGP and implementation of construction BMPs, construction impacts related to on- or off-site erosion or siltation would be less than significant.

After the completion of project construction, operation of the proposed project would result in a minor increase in impervious surfaces on the project site which would result in a net increase in stormwater runoff that can lead to downstream erosion in receiving waters. However, as discussed above, the proposed project would include one DMA which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff, as required by the Alameda County MS4 Permit. Due to the incorporation of drainage management and the implementation of LID techniques as required by the MRP, operational impacts related to on- or off-site erosion or siltation would be less than significant.

78 ACWD. 2021. Alameda County Water District Urban Water Management Plan 2020 –2025. Website:
https://www .acwd.org/DocumentCenter/View/3816/Final-2020 -2025 -UWMP (accessed July 31, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
Flooding. Development of the proposed project would result in a minor increase in impervious surfaces on the project site, which could have the potential to increase the volume and rate of stormwater runoff discharged from the project site. However, as previously discussed, the proposed project would include one DMA which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff, as required by the Alameda County MS4 Permit, for stormwater control and treatment. The proposed drainage facilities and BMPs needed to accommodate stormwater runoff would be appropriately sized so that on-site flooding would not occur. Therefore, due to the implementation of LID techniques as required by the MRP, the proposed project would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site. Impacts would be less than significant.
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Stormwater Drainage System Capacity. As previously mentioned, stormwater at the project site either infiltrates at the project site or flows northwest to discharge into existing drainage infrastructure within Osgood Road. The existing topography of the project site gently slopes from south to north and northwest towards Osgood Road along the western boundary of the project site, with approximately 2 percent slopes. Stormwater from the project site ultimately discharges to Mud Slough and San Francisco Bay.

The proposed project would include improvements of underground utilities, curbs and gutters, catch basins, and a DMA. Stormwater infrastructure on-site would generally maintain the existing drainage pattern at the project site, infiltrating stormwater at the project site and reducing the peak runoff from the project site prior to discharging into existing stormwater infrastructure in Osgood Road. As detailed in Section 4.10(a) of this document, the proposed project would be required to comply with the MRP and would include the incorporation of LID design features, including the DMA for stormwater control and treatment. The proposed drainage facilities and BMPs needed to accommodate stormwater runoff would be appropriately sized such that drainage facility capacity would not be exceeded during a design storm. Therefore, the proposed project would not result in an exceedance of planned or existing stormwater drainage systems, and impacts would be less than significant.

Polluted Runoff. As discussed in Section 4.10.a, pollutants of concern during construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals.

Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. Drainage patterns would be temporarily altered during grading and other construction activities, and construction-related pollutants could be spilled, leaked, or transported via storm runoff into adjacent drainages and downstream receiving waters. However, as previously discussed and as detailed in Section 4.10(a), the proposed project would adhere to the recommendations provided in the Geotechnical Engineering Investigation and the requirements set forth by the CGP and SWPPP, which would require compliance with the recommendations of the

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-60 Geotechnical Engineering Investigation in the event that groundwater dewatering is necessary, and specify BMPs to be implemented to control the discharge of pollutants in stormwater runoff as a result of construction activities. Therefore, construction-related impacts would be less than significant.

Expected pollutants of concern from long-term operations include pathogens (bacteria/viruses), metals, nutrients, motor vehicle lubricants, coolants, disc brake dust, toxic organic compounds, pesticides/herbicides, sediments/total suspended solids, trash and debris, and oil and grease. As previously discussed, compliance with the MRP and the implementation of LID techniques would ensure that the proposed project would not exceed the capacity of existing or planned stormwater drainage systems or discharge substantial sources of polluted runoff from the project site.

Operation-related impacts would be less than significant. iv. Impede or redirect flood flows?
Flood Flows. The project site would remain relatively flat, and the proposed project would not substantially alter drainage patterns. As previously discussed, development of the proposed project would result in a minor increase in impervious surfaces on the project site. However, as previously discussed, in compliance with the MRP, the proposed project would include one DMA which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff. The proposed drainage facilities and BMPs needed to accommodate stormwater runoff would be appropriately sited and sized so flood flows would not be impeded or redirected. Impacts would be less than significant. d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
Tsunami. The project site is not located in an area mapped by the California Emergency Management Agency as being potentially inundated by a tsunami. 79 Seiches. Seiches are waves that are created in an enclosed body of water such as a bay, lake, or harbor and go up and down or oscillate and do not progress forward like standard ocean waves.

There are no enclosed bodies of water in the nearby vicinity of the project site, and no seismically induced seiche waves have been documented in the San Francisco Bay throughout history. 80 Dam Inundation. According to the California Department of Water Resources, Division of Safety of Dams’ (DOSD) Dam Breach Inundation mapping, the project site is not located within a mapped dam

79 DOC. n.d. Alameda County T sunami Hazard Areas. Website: https://www.conservation .ca.gov/cgs/ tsunami/maps/alamed a (accessed July 28, 2025 ).
80 Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). 2013.

Plan Bay Area. July 18.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) failure inundation area.81 In addition, according to the Fremont General Plan Safety Element82, the project site is not within a dam failure inundation area.

Flooding. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 06001C0464G,83 the project site is not located in a flood hazard zone. In addition, during construction BMPs would be implemented to ensure that during a rain event, pollutants would be retained on site and would be prevented from reaching downstream receiving waters, as detailed in Section 4.10(a). During operation, the DMA and other LID design elements would ensure that post-project flow rates do not significantly exceed pre-project flows, as detailed in Section

4.10(a). Therefore, it is not anticipated that the proposed project would result in the release of pollutants due to inundation caused by flooding.

Based on project design, including the incorporation of a DMA that would address the volume and rate of post-project stormwater flows, and because the project site is not within a tsunami, seiche, or dam inundation zone, implementation of the proposed project would not result in the release of pollutants from a flood, tsunami, seiche, or dam inundation and impacts would be less than significant.
e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
In the Bay Area, including the project site, the Water Board is responsible for implementation of the Basin Plan, which establishes beneficial water uses for waterways and water bodies within the region. As previously discussed, the proposed project would comply with existing NPDES permit requirements, including the CGP and MRP, and would implement construction and operational BMPs to reduce pollutants of concern in stormwater runoff as detailed in Section 4.10(a).

Compliance with these regulatory requirements would ensure that the proposed project would not degrade or alter water quality, causing the receiving waters to exceed the water quality objectives, or impair the beneficial use of receiving waters. As such, the proposed project would not result in water quality impacts that would conflict with the Basin Plan. Construction and operational impacts related to a conflict with the Basin Plan would be less than significant.

As previously mentioned, the Sustainable Groundwater Management Act (SGMA), which was enacted in September 2014, requires governments and water agencies of high- and medium-priority basins to halt overdraft of groundwater basins. The SGMA requires the formation of local Groundwater Sustainability Agencies (GSAs), which are required to adopt Groundwater Sustainability Plans to manage the sustainability of the groundwater basins; ACWD is the GSA identified for the Santa Clara basin. The California Department of Water Resources (DWR)

81 California Department of Water Resources, Division of Safety of Dams. 2015. Dam Breach Inundation Map Web Publisher . Website: https://fmds.water.ca.gov/webgis/ ?appid =dam_p roto type_v2 (accessed July 31, 2025).
82 City of Fremont. 2011. “Chapter 10: Safety Element. ” City of Fremont General Plan. Website: https://www . fremont.gov/home/showpublisheddocument/809/637750630888070000 (accessed J uly 31, 2025 ). 83 Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Rate Map (FIRM) No. 06001C0464G , eﬀective August 3 . Website: https://msc.fema.gov/portal/search?AddressQuery=43990% 2 0Fremont%20Boulevard%2C%20fremont%2C %20ca#searchresul tsan chor (accessed July 31, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-62 designates the Niles Cone Subbasin as a medium-priority basin. ACWD developed an Alternative to a Groundwater Sustainability Plan, approved by DWR in 2019, for the management of the subbasin that preserves and continues the successful sustainable groundwater management already being performed by ACWD. ACWD subsequently submitted an Alternative Update to DWR on December 29, 2021, which was approved June 27, 2024. The Alternative Update provides an update on ACWD’s groundwater management efforts, explains how the Alternative Update is functionally equivalent to elements of a Groundwater Sustainability Plan, incorporates the seven actions recommended by DWR during review of the first Alternative, and includes information on proposed projects, management actions, and/or next steps to ensure the continued sustainable management of the Niles Cone Subbasin.
84 As previously discussed in Section 4.10.a, dewatering may be performed during construction activities involving excavation for the proposed project. Construction-related dewatering would be temporary and limited to the area of excavations on the project site, would comply with the recommendations provided in the Geotechnical Engineering Investigation, and as detailed in Section

4.10(a), and would not substantially contribute to the depletion of groundwater supplies. Operation of the proposed project would likely involve the use of both surface and groundwater as potable water. However, ACWD has sufficient water supplies to meet normal-year demands through 2045. If a deficiency were to occur, ACWD would take actions to maintain appropriate groundwater levels, including: maximizing the import of additional water for artificial recharge of the groundwater basin; reducing use of local groundwater; and maximizing use of imported supplies. 85 As previously
discussed, development of the proposed project would result in a minor increase in impervious surfaces on the project site. In compliance with the MRP, the proposed project would include one DMA which would retain and infiltrate the required Capture Volume for the project site (6,967 cubic feet), while detaining and reducing the developed peak runoff. For these reasons, the proposed project would not conflict with or obstruct the implementation of a sustainable groundwater management plan. Construction and operational impacts related to conflict with or obstruction of water quality control plans or sustainable groundwater management plans would be less than significant.

84 ACWD. 2022. Sustainable Groundwater Management Act . Website: https://www.acwd.o rg/566/ Sustainable-Groundwater-Management-A ct (accessed July 31, 2025 ). 85 ACWD. 2021. Alameda County Water District Urban Water Management Plan 2020 –2025. Website:
https://www .acwd.org/DocumentCenter/View/3816/Final-2020 -2025 -UWMP (accessed July 31, 2025).

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4.11 LAND USE AND PLANNING

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Physically divide an established community?
b. Cause a signiﬁcant environmental impact due to a
conﬂict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental eﬀect?

4.11.1 Impact Analysis
a. Would the project physically divide an established community? The physical division of an established community typically refers to the construction of a physical feature (such as an interstate highway or railroad tracks) or removal of a means of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying areas.

The project site is located at 43800 Osgood Road on an approximately 11.2-acre site. The project site is bounded by an industrial building and surface parking lot to the north, I-680 to the east, Auto Mall Parkway to the south, and Osgood Road to the west. General Plan land use designations surrounding the project site include Regional Commercial to the north and south, General Commercial to the east, Hillside Residential to the southeast, and Service Industrial to the west. The nearest residential neighborhood is located approximately 700 feet southeast of the project site.

The project site is currently developed with an approximately 143,815-square-foot structure and an associated surface parking lot formerly occupied by Fry’s Electronics. Redevelopment of the project site, which includes interior and exterior improvements to the existing building and associated site improvements to allow a change in use from commercial to industrial, would represent a general continuation of the commercial and industrial uses found adjacent to the project site and would be consistent with the type and intensity of development in the area. Local access to the project site would be provided via Auto Mall Parkway and two driveways off Osgood Road, on the western boundary of the project site. No changes to the existing site footprint or surrounding roadways would occur. The proposed project would not result in a physical division of an established community or adversely affect the continuity of land uses in the vicinity. As a result, the proposed project would have no impact related to physically dividing an established community. b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
An environmental impact could occur when a project conflicts with a policy or regulation intended to avoid or reduce an environmental impact. The following discussion does not replace or preclude

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Land use at the project site is designated Regional Commercial in the City of Fremont General Plan and is also zoned Commercial-Regional (C-R).
86 The Regional Commercial Land Use designation is
intended for large-scale commercial uses serving a citywide or regional market typically on large sites along freeways or major arterials. Parcels with this designation usually have large floor areas and high sales volumes, and the permitted Floor Area Ratio (FAR) in these areas is 0.30. The C-R zoning designation is intended to provide locations for national retailers, large format retailers, hotels, auto sales and similar uses which serve the residents of the city and the region.

As previously stated, General Plan land use designations surrounding the project site include Regional Commercial to the north and south, General Commercial to the east, Hillside Residential to the southeast, and Service Industrial to the west. The nearest residential neighborhood is located approximately 700 feet southeast of the project site.

The proposed project would require a General Plan Amendment to revise the General Plan Designation on the project site from Regional Commercial to Tech-Industrial, and a corresponding change in the zoning designation from Commercial-Regional to Tech-Industrial (I-T) to allow operation of the existing building with a future end use that may include Industrial or Research and Development (R&D) land uses.

As described in the City’s General Plan and Section 18.50.010 of the City’s Zoning Code, the Tech- Industrial land use applies to areas devoted to research and development; “clean and green” technology; semiconductor, computer hardware, software, and related technology; administrative sales; and engineering facilities. This land use designation includes a permitted FAR of 0.35, which can be increased to 0.45 for manufacturing and warehouse uses. Within this district, certain hazardous material uses, and manufacturing and/or the storage of particularly large sizes/quantities of hazardous materials are regulated to minimize potential for off-site impacts. Within this area, only certain nonsensitive assembly, business service, and nonsensitive recreational uses may be permitted due to uses that handle hazardous materials. The I-T district is also characterized by superior architectural and landscaping treatment and site planning.

Rezoning the project site to Tech Industrial would not change the character of the surrounding area, and the proposed zoning change at the proposed project site would be compatible with land uses and zoning in the vicinity. Upon approval of the City’s General Plan Amendment and Rezoning request, the project would be consistent with the City of Fremont General Plan, as the General Plan itself would reflect the project.

86 City of Fremont. 2019. City of Fremont General Plan Land Use Diagram. December 17. Website:
https://www .fremont.gov/home/showpublisheddocument/803/637750630865770000 (accessed August 7, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) Additionally, the potential for the project to result in environmental impacts has been individually considered in all topic areas of this document, and no significant impacts would occur. Therefore, the project would have a less than significant impact related to conflicts with land use plans.

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4.12 MINERAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local
general plan, speciﬁc plan or other land use plan?

4.12.1 Impact Analysis
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
There are no known mineral resources within the project site based on available information from the City of Fremont General Plan: the nearest known mineral resource is the former Henry Sands Quarry, approximately 0.2 mile to the northeast, and the nearest State-designated mineral resource is the Sector K area of Regionally Significant Construction Aggregate, located approximately 2 miles southeast of the project site.87 The former Henry Sands Quarry is located across the I-680.

Therefore, intervening development separates it from the project site. Neither of these known resources are in close enough proximity to be impacted by the proposed project or are located within the project site. Therefore, the proposed project would have no impact related to the loss of availability of a known mineral resource that would be of value to the region and the residents of the State.
b. Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? As discussed in Section 4.12.a, there are no known mineral resources within the project site. The proposed project would have no impact related to the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan.

87 City of Fremont. 2011. “Co nservation Maps: Mineral Resources and Sites Subject to SMARA (Surface Mining and Reclamation Act). ” City of Fremont General Plan. Website: https://www.fremont.gov/ho me/ showpublisheddocument/9184/637879757130870000 (accessed August 18, 2025 ).

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4.13 NOISE

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

b. Generation of excessive groundborne vibration or
groundborne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive
noise levels?

A project would result in a significant noise effect if it would substantially increase the ambient noise levels for adjoining areas or conflict with adopted environmental plans and goals of applicable regulatory agencies, including, as appropriate, the City of Fremont.

C
ertain land uses are considered more sensitive to noise than others. Examples of these include residential areas, educational facilities, hospitals, childcare facilities, and senior housing. The project site is surrounded by urban development and is bordered by an industrial building and surface parking lot to the north, I-680 to the east, Auto Mall Parkway to the south, and Osgood Road to the west. The closest sensitive receptors include the multi-f amily residences approximately 700 feet
southeast of the project site, across both the I-680 and Auto Mall Parkway.

N
oise and Vibration Fundamentals. Noise is usually defined as unwanted sound. Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, or sleep. Several noise measurement scales exist that are used to describe noise in a particular location. A decibel (dB) is a unit of measurement that indicates the relative intensity of a sound.

So
und levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a tenfold increase in acoustic energy, while 20 dB is 100 times more intense and 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness; and similarly, each 10 dB decrease in sound level is perceived as half as loud. Sound intensity is normally measured through the A
-w
eighted sound level (dBA), and this scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. The A-w eighted sound level is
the basis for 24-ho
ur sound measurements, which better represent how humans are more sensitive to sound at night.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-68 As noise spreads from a source, it loses energy, so that the farther away the noise receiver is from the noise source, the lower the perceived noise level would be. Geometric spreading causes the sound level to attenuate, or be reduced, resulting in a 6 dB reduction in the noise level for each doubling of distance from a single point source of noise to the noise-sensitive receptor of concern.

There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. Equivalent continuous sound level (L
eq) is the total sound energy of time-varying noise over a sample period. However, the predominant rating scales for human communities in the State of California are the Leq, the community noise equivalent level (CNEL), and the day-night average level (Ldn) based on A-weighted decibels. CNEL is the time-varying noise over a 24-hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and a 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). L
dn is similar to the CNEL scale but without the adjustment for events occurring during the evening relaxation hours. CNEL and Ldn are within 1 dBA of each other and are normally interchangeable. The noise adjustments are added to the noise events occurring during the more sensitive hours.

Vibration refers to groundborne noise and perceptible motion. Groundborne vibration is almost exclusively a concern inside buildings and is rarely perceived as a problem outdoors. Vibration energy propagates from a source, through intervening soil and rock layers, to the foundations of nearby buildings. The vibration then propagates from the foundation throughout the remainder of the structure. Building vibration may be perceived by the occupants as the motion of building surfaces, rattling of items on shelves or hanging on walls, or a low-frequency rumbling noise. The rumbling noise is caused by the vibrating walls, floors, and ceilings radiating sound waves.

Annoyance from vibration often occurs when the vibration exceeds the threshold of perception by 10 dB or less, an order of magnitude below the damage threshold for normal buildings.

Regulatory Setting. The following presents the regulatory noise and vibration requirements for the proposed project.

Per FMC Section 18.50.040,
88 performance standards have been established to ensure that adjoining properties are provided protection against adverse conditions (including noise) that may be created by uses operating within the City’s industrial zoning districts. The maximum noise level at the property line generated by any user located within an industrial zoning district shall not exceed 70 dBA L
dn when adjacent users are also industrial or commercial, business, professional, or office uses.

88 City of Fremont. 2022. Fremont Municipal Code Section 18.50.040 : Performance Standards. Website:
https://www .codepublishing.com/CA/Fremont/html/Fremont18/Fremont1850.html#18.50.040 (accessed August 1, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) FMC Section 18.218.050(d)89 provides standard development requirements related to construction noise. To reduce the potential for noise impacts during construction, the following requirements shall be implemented:
• Construction equipment shall be well maintained and used judiciously to be as quiet as practical. • All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment.
• The contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
• Loading, staging areas, stationary noise-generating equipment, etc., shall be located as far as feasible from sensitive receptors.
• The contractor shall comply with CARB prohibitions of unnecessary idling of internal combustion engines.
• Signs shall be posted at the construction site that include permitted construction days and hours, a day and evening contact number for the job site, and a contact number for the project sponsor in the event of noise complaints. The applicant shall designate an on-site complaint and enforcement manager to track and respond to noise complaints. • Construction, excavating, grading, and filling activities (including the loading and unloading of materials, truck movements, and warming of equipment motors) shall be limited as provided in Section 18.160.010.

Per FMC Section 18.160.010,
90 construction activity for projects not located within 500 feet of residences, lodging facilities, nursing homes, or inpatient hospitals (e.g., the project) shall be limited to the weekday hours of 6:00 a.m. to 10:00 p.m. and to the weekend or holiday hours of 8:00 a.m. to 8:00 p.m.
89 City of Fremont. 2022. Fremont Municipal Code Section 18.50.050 : Development standards and requirements applicable to all industrial districts. Website: https://www .codepublishing.com/CA/Fremont/ #!/Fremont18/Fremont18218.html#18.218 (accessed August 1, 2025 ). 90 City of Fremont. 202 2. Fremont Municipal Code Section 18.160.010 : Construction hours – Limitations.

Website: https://www .codepublishing.com/CA/Fremont/html/Fremont18/Fremont18160.html (accessed August 1, 2025 ).

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4.13.1 Impact Analysis
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Construction-Period Impacts. Redevelopment activities associated with the proposed project could include construction activities that would result in temporary increase in ambient noise levels in the project site vicinity.

Project construction could result in short-term noise impacts to surrounding properties and uses.

The closest sensitive receptors include the multi-family residences approximately 700 feet southea st of the project site, across both the I-680 and Auto Mall Parkway. Given this separation, the dominant noise sources affecting the surrounding area are traffic volumes along I-680 and Auto Mall Parkway, which generate a continuous background of roadway noise. Construction noise from the project site would be largely masked by these existing ambient conditions and would not be perceptible at the nearest sensitive receptors. As such, short-term construction activities would not result in a substantial temporary increase in ambient noise levels.

Although there would be temporary high intermittent construction noise at times in the project area during project construction, implementation of the FMC standard development requirements related to construction noise mentioned above would ensure construction of the proposed project would not significantly affect land uses adjacent to the project site. In addition, construction of the project would comply with the hourly limits specified by the City. Therefore, the project would not result in a substantial temporary or periodic increase in ambient noise levels, and this impact would be less than significant.

Long-Term Noise Impacts. The project would generate long-term noise impacts from both traffic and stationary noise sources, as discussed below.

Traffic Noise Impacts. Motor vehicles with their distinctive noise characteristics are the dominant noise source in the project vicinity. The amount of noise varies according to many factors, such as volume of traffic, vehicle mix (percentage of cars and trucks), average traffic speed, and distance from the observer.

Existing ambient noise at the project site is dominated by traffic noise along Osgood Road and Auto Mall Parkway. According to the Transportation Analysis (Appendix D), 91 prepared for the proposed
project, the project would generate 993 net new daily vehicle trips. Based on project specific traffic study there are currently a total of 4,904 peak a.m. hour trips and approximately 4,381 peak p.m. hour trips on Osgood Road. In order for a project to result in a 3 dbA increase over existing ambient noise a doubling of vehicles trips would take place. As the project would add 993 new daily trips, the proposed project would not add a substantial amount of trips that would result in a 3 dBA noise increase due to increase in project trips. A noise level increase of less than 3 dBA would not be

91 Hexagon Transportation Consultants, Inc. 2025. Transportation Analysis for the High Cube Fulﬁllment Center at 43800 Osgood Road in Fremont, California. April 18.

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) perceptible to the human ear; therefore, the traffic noise increase resulting from the proposed project would be less than significant.

Stationary Noise Impacts. Stationary noise sources associated with the project could include heating, ventilation, and air conditioning (HVAC) mechanical equipment, truck loading/unloading activities, and typical motor vehicle/parking area activities. The FMC limits noise from commercial or industrial property to 70 dBA at any point outside of the property. 92 Of the on-site stationary noise
sources during operation of the project, noise generated by truck activity would generate the highest maximum noise levels. Typical parking activities, such as people conversing or doors slamming, would generate noise levels of approximately 60 dBA to 70 dBA L max at 50 feet, while
delivery truck loading and unloading activities would result in a maximum noise level of 75 dBA Lmax at 50 feet based on measurements previously conducted by LSA.

Loading activities at the project site would primarily involve the movement of manufactured goods produced on site. These operations could generate intermittent noise associated with truck movements, equipment operation, and material handling. However, the loading areas are located toward the interior of the site, and the nearest noise-sensitive receptor is approximately 700 feet away, across both the I-680 and Auto Mall Parkway. This separation provides substantial noise attenuation and would prevent loading activities from generating perceptible increases in ambient noise levels at surrounding properties. In addition, loading and unloading would occur intermittently during daytime hours and would be consistent with the type of activity expected in an industrial setting. As such, loading activities associated with the proposed project would not result in a substantial increase in off-site noise levels or expose sensitive receptors to excessive noise.

Therefore, the proposed project would not substantially increase noise levels over existing conditions and any potential noise impacts would be less than significant. b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Common sources of groundborne vibration and noise include trains and construction activities such as blasting, pile driving, and operating heavy earthmoving equipment. Construction of the proposed project would involve internal demolition and construction, grading, paving and landscaping, but would not involve the use of construction equipment that would result in substantial groundborne vibration or groundborne noise on properties adjacent to the project site. No pile-driving, blasting, or substantial grading activities are proposed. Furthermore, operation of the proposed project would not generate substantial groundborne noise and vibration. Therefore, the project would not result in the exposure of persons to or generation of excessive groundborne noise a nd vibration, and project impacts would be less than significant.

92 City of Fremont. 202 4. Fremont Municipal Code Section 18.50.0 40: Performance Standards. Website:
https://www .codepublishing.com/CA/Fremont/#!/Fremont18/Fremont1850.html#18.50.040 (accessed August 1, 2025 ).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) 4-72 c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project site is approximately 10 miles northeast of the closest airport, SJC. The project site is outside the 65 dBA CNEL noise contour of SJC. Furthermore, the proposed project site is not within the vicinity of a private airstrip, and the site does not lie within an airport land use plan area or within the 60 dBA CNEL noise contours of any private airfield. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels, and impacts would be less than significant.

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4.14 POPULATION AND HOUSING

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?

b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?

4.14.1 Impact Analysis
a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposed project would include a change in use from retail to industrial uses and associated improvements to the existing commercial structure and surrounding surface area. The proposed project, as an industrial use, is estimated to provide between 150 to 200 jobs.93 The proposed project would not result in direct population growth, as it does not include residential uses. The potential exists for the proposed project to result in indirect population growth through employment opportunities. However, while the proposed project would require a zoning change from Regional Commercial to Service Industrial, the number of potential employees would be consistent with either designation, and the proposed project would not generate growth beyond that anticipated in the City’s General Plan. Therefore, the proposed project would not directly or indirectly induce population growth, and this impact would be less than significant. b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The project consists of interior and exterior improvements and updates to an existing commercial structure, as well as associated site improvements. The existing site does not contain housing.

Therefore, the project would not displace existing housing or require the construction of replacement housing and would result in no impact.

93 Hexagon Transportation Consultants, Inc. 2025. TDM Plan for the Proposed 43800 Osgood Road Industrial Use. May 5.

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4.15 PUBLIC SERVICES

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause signiﬁcant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:

i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?

4.15.1 Impact Analysis
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire protection?
Fire Protection. Fire suppression, emergency medical and rescue services, and other life safety services are provided to the project site and surrounding area by the Fremont Fire Department.

There are 11 stations and one tactical training center within Fremont. The project site is in the fire district serviced by the closest station to the project site, Fire Station 4, which is approximately

0.9 mile northeast of the project site at 1000 Pine Street. 94 Planned growth under the City’s General Plan would increase calls for fire protection service in the city. The proposed project could result in a minor increase in demand for fire protection services as a result of an increase in daytime population (up to 200 employees) on the project site. Although implementation of the proposed project would require a General Plan Amendment and rezoning to the Tech Industrial (I-T) designation, the increase in population would be consistent with the site’s existing and revised General Plan designation and therefore does not represent unplanned growth.

The proposed project would also be required to comply with all applicable codes for fire safety and emergency access.

94 City of Fremont Fire Department. 2012. “Fire Station Locations Map.” Website: https://www.fremon t.gov / home/showpublisheddocument/1695/637753408997530000 (accessed August 18, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) According to the Fire Access Road Plan95 prepared for the proposed project, the northern entrance would include a 35-foot-wide driveway and would provide access to the western side of the building, which would be designated for aerial apparatus access in the event of an emergency.

Similarly, the southern entrance would include a 34-foot-wide driveway and would provide access to the western, eastern and southern boundaries of the project site. Circulation throughout the project site would be consistent with applicable requirements regarding fire access in the event of an emergency, including all Fremont Fire Department standards, City of Fremont ordinances, and the California Fire Code. The Fire Access Road Plan would ensure adequate emergency access for the proposed project.

The Fremont Fire Department would continue providing services to the project site and would not require additional firefighters to serve the proposed project. The minor increase in demand for services would not adversely affect existing responses times to the site or within the city. Therefore, construction and operation of the proposed project would have a less than significant impact on f ire protection and safety services and facilities.
ii. Police protection?
Police Protection. The City of Fremont Police Department provides police protection to the project site and surrounding area. The City has one police station, located at 2000 Stevenson Boulevard, approximately 2.8 miles northwest of the project site.
96 The proposed project could result in a minor
increase in demand for police protection services as a result of an increase in daytime population (employees) on the project site. Although implementation of the proposed project would require a General Plan Amendment and rezoning to the I-T designation, the increase in daytime population would be consistent with the site’s existing and revised General Plan designation and therefore does not represent unplanned growth. The City’s police department would continue to provide services to the project site without requiring any additional officers, and the construction of new or expanded police facilities would not be required. Therefore, impacts to police protection would be less than significant.
iii. Schools?
Schools. The Fremont Unified School District (FUSD) operates 41 schools in total and offers programs like early education and preschool, adult education, and more. FUSD operates 29 elementary schools, 5 middle schools, 5 comprehensive high schools, 1 continuation high school, and 1 alternative high school.
97 The proposed project does not include any residential uses and would not directly affect student population. As previously discussed in Section 4.14, the proposed project could increase the workforce population by up to 200 employees. Workforce population does not directly increase demand for schools, so this growth would only result in a minor increase

95 Kier and Wright. 2024. 43800 Osgood Road Fire Access Road Plan. November 12. 96 Fremont Police Department. n.d. Fremont Police Campus Directions and Contact. Website: https://www. fremontpolice.gov/about-us/about-fremont-police/police -campus-directions -and-contact (accessed August 19, 2025).
97 Fremont Uniﬁed School District (FUSD). 2022. “ About Fremont Uniﬁed.” Website: https://fremontuniﬁed. org/about/welcome/ (accessed August 19, 2025 ).

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State Education Code Section 17620 authorizes the governing board of a school district to levy school fees to offset the impacts to school facilities from new residential and commercial/industrial construction and reconstruction.
98 The FUSD requires payment of a school impact fee, calculated per square foot of industrial development, at the current rate in effect at the time an owner/ developer presents the Certificate of Compliance issued by the City of Fremont’s Community Development Department.
99 The project applicant would be required to pay this fee prior to issuance of a certificate of occupancy. The FUSD school impact fee is calculated to offset any impact to schools that could result from the proposed project. Therefore, the proposed project would have a less than significant impact to schools.
iv. Parks?
Parks. The City of Fremont’s parks system currently consists of 64 developed and undeveloped parks covering approximately 1,224 acres.
100 The 2022 Draft Comprehensive Parks and Recreation Master Plan updates the City’s goal of “5.0 acres of parkland per 1000 residents”101 to “a 10-minute walk to park access for all.” The closest park to the project site is Sabercat Historic Park, located approximately 0.7 mile northeast of the project site. Other nearby parks are over 1 mile from the project site and include Rix Park, Irvington Community Park, Lila Bringhurst Community Park, and Arroyo Caliente Park.102
As previously discussed in Section 4.14, the proposed project could increase the workforce population by up to 200 employees. Workforce population does not generally heavily use public park facilities, resulting in minimal increased usage of parks. Therefore, the minor population increase that could result from the proposed project could also increase the use of these parks in the project vicinity, as well as other parks within the city and region. The proposed project would not provide any new residential uses and the minor increase in park use associated with the project would not adversely affect the physical conditions of local and regional open space areas or recreational facilities or require the provision of new parks or facilities in order to meet established service goals. Therefore, impacts to parks would be less than significant.

98 FUSD. 202 4. 2024 School Fee Justiﬁcation Study. Website: https://drive.google.com/ﬁle/d/1cRCPQics OAbaFgZ3MO7Av60dxTyAFyfv/view (accessed August 19, 2025 ). 99 FUSD. 202 4. Developer Fees FAQ, May 26, 2024 . Website: https://fremontuniﬁed.org/about/business- services/accounting-servi ces/dev elop er-fees-faq/ (accessed August 19, 2025 ). 100 City of Fremont Community Services Department. 2022. “Chapter 1: Executive Summary. ” Draft Comprehensive Parks and Recreation Master Plan, February 2022 . Website: https://www.fremont.gov/ home/showpublisheddocument/9619/637889034743070000 (accessed August 19, 2025 ). 101 City of Fremont. 2011. “Chapter 8: Parks and Recreation Element.” City of Fremont General Plan. Website:
https://www .fremont.gov/home/showpublisheddocument/805/637750630871400000 (accessed August 19, 2025 ).
102 City of Fremont. n.d. Parks & Recreation, Parks. Website: https://www.fremont.gov/gov ernmen t/ departments/parks-recreation/p arks/park-lo cations (accessed August 19, 2025 ).

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Other Public Facilities. As previously discussed above and in Section 4.14, Population and Housing, the proposed project could increase the workforce population by up to 200 employees and may be spread across the whole city or other surrounding communities. Development of the proposed project could result in an increase in demand for other public services, including libraries, community centers, and public healthcare facilities. However, the increased demand would be minor and would not substantially increase the usage of these facilities. Therefore, no new or expanded facilities would be required to maintain service standards. As with all development projects in Fremont, the project would be required to pay Development Impact Fees, which are intended to fund and sustain improvements that are needed as a result of new development. Under this program, the required Capital Facility Fee helps pay for services such as City administration facilities, the City’s Services Maintenance Center and Corporation Yard, and County libraries.

Impacts to other public facilities would be less than significant.

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4.16 RECREATION

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?

b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical eﬀect on the
environment?

4.16.1 Impact Analysis
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
As discussed in Section 4.15, Public Services, of this document, workforce population does not generally heavily utilize public recreational facilities, as reflected by exclusion of this type of development from Fremont park dedication and park facilities fee requirements. 103 While the
proposed project could result in a population increase of up to 200 employees, this would result in a minor usage increase of recreational facilities and would not contribute to substantial deterioration of existing recreational facilities. The proposed project does not include or require the construction or expansion of existing public recreational facilities. Therefore, impacts related to existing neighborhood and regional parks or other recreational facilities would be less than significant. b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? As discussed in Section 4.16.a, the proposed project would result in a minor usage increase of recreational facilities and does not include or require the construction or expansion of existing public recreational facilities. Therefore, impacts related to the construction or expansion of recreational facilities would be less than significant.

103 City of Fremont. 2025. City of Fremont Municipal Code. Section 18.290.110 – Exemptions, exclusions, and exceptions. Website: https://www .codepublishing.com/CA/Fremont/html/Fremont18/Fremont18290. html#18.290.090 (accessed August 19, 2025).

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4.17 TRANSPORTATION

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Conﬂict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?

b. Conﬂict or be inconsistent with CEQA Guidelines
§15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

d. Result in inadequate emergency access?

This section relies on analysis from the Transportation Analysis104 , the TDM Plan105 , and the VMT Analysis106 , which were prepared for the proposed project and peer reviewed by LSA.107 These documents are included in Appendices D, E, F, and G, respectively.

The proposed project would include improvements to reuse the existing structure and surrounding site to convert it to an industrial facility, including interior and exterior improvements and updates to the existing structure. The proposed project would include site improvements such as internal demolition and construction, grading, paving and landscaping.

The project site is located along Auto Mall Parkway, a two-to six-lane east-west arterial roadway, and Osgood Road, a four-lane north south arterial roadway. According to the City’s Mobility Map, both Auto Mall Parkway and Osgood Road are primary arterial roadways within the city.108 Access to the site would be provided via two existing driveways on Osgood Road. The project would provide 365 automobile parking spaces, 62 trailer parking stalls, 24 short-term bicycle parking spaces, and 20 long-term bicycle parking spaces. The site would have internal vehicular circulation provided by several drive aisles, varying in width between 26 feet and 34 feet. In addition, the main drive aisle, at 72 feet wide, would serve tractor-trailer trucks at the 18 loading docks on the south elevation of the building. Emergency access to and throughout the project site is designed in accordance with

104 Hexagon Transportation Consultants, Inc. 2025. Transportation Analysis for the High Cube Fulﬁllment Center at 43800 Osgood Road in Fremont, California. April 18. 105 Hexagon Transportation Consultants, Inc. 2025. TDM Plan for the Proposed 43800 Osgood Road Industrial Use. May 5.
106 Hexagon Transportation Consultants, Inc. 2025. VMT Analysis for proposed Industrial Development at 43800 Osgood Road in Fremont, California. March 7.
107 LSA. 2025. Review of the 43800 Osgood Road Project Transportation Impact Analysis and Transportation Demand Management Plan. August 1.
108 City of Fremont. 2011. “Mobility Map: Functional Classiﬁcation.” City of Fremont General Plan. Website:
https://www .fremont.gov/home/showpublisheddocument/9178/637879756485100000 (accessed August 4, 2025 ).

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4.17.1 Impact Analysis
a. Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Transit Service: The Alameda-Contra Costa Transit District (AC Transit) is the local bus service provided in most of Alameda County, including Fremont. Due to the COVID-19 pandemic, AC Transit has reduced service, including eliminating lines and reducing service frequencies. The nearest bus stops are located directly fronting the site and directly across the street from the site. Surrounding bus stops are served by the following AC Transit lines:
• Line 215, which connects Fremont BART station to the intersection at Warren Avenue and Kato Road, via Osgood Road. It generally operates on weekdays except holidays from about 7:20 a.m. to 9:20 p.m.
110
• Line 623, which provides school service to Horner Middle School and Irving High School. It operates on school days only, with three buses providing service to the schools before the start of school in the morning and two or three buses providing service from the schools after the end of school in the afternoon. Although the line primarily serves local schools, it is open to the public. However, this line is intended to serve Irvington High School/Horner Middle School and is therefore not expected to serve t he site.
111
BART is the regional rail service that connects Fremont to other destinations primarily in Alameda, Contra Costa, and San Francisco counties. The nearest BART station to the project site is the Warm Springs Station, which is located approximately 0.8-miles from the project site, and would require a

1.1 mile walk from the project site. Trains run every 15 minutes on weekdays and every 20 minutes on weekends and holidays. Considering the distance between the project site and the station, using BART would not be a commute option for most project employees. In addition, BART has plans to construct a new infill station— the Irvington Station—located southwest of the Washington Boulevard & Osgood Road intersection approximately one and one-quarter miles north of the project site. The station is scheduled to open in 2026. 112
The Altamont Commuter Express (ACE) is a rail service that connects communities in the San Joaquin Valley to San Jose with a station in Fremont. Amtrak is an inter-city rail service that connects Fremont to communities beyond the Bay Area, including Sacramento and San Jose, through the Capital Corridor service. Both the ACE and Amtrak services are provided at the Fremont Centerville

109 Kier and Wright. 2024. 43800 Osgood Road Fire Access Road Plan. November 12. 110 AC Transit. n.d. Line 215: Osgood – Warm Springs – Landing. Website: https://www.actransit.org/bu s- lines-schedules/215/upcoming?utm_source=chatgpt.com (accessed August 4, 2025). 111 AC Transit. n.d. Line 623 : Irvington High – Horner Middle. Website: https://www.actransit.org/bu s-lines- schedules/623 (accessed August 4, 2025).
112 Hexagon Transportation Consultants, Inc. 2025. Transportation Analysis for the High Cube Fulﬁllment Center at 43800 Osgood Road in Fremont, California. April 18.

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The project could generate a small number of transit trips from employees traveling to and from the site. However, the volume of transit trips generated by the project would not exceed the available transit capacity, on either bus or regional transit, and the increase in trips would not be sufficient to justify changes in the transit network serving. While the proposed project would result in a less than significant impact related to transit service, the proposed project would incorporate bus stop improvements (including but not limited to a bench or covered seating) at the nearest stop in front of the site as a condition of approval. Therefore, project impacts would be less than significant.

Pedestrian Facilities: Both Osgood Road and Auto Mall Parkway have sidewalks in the vicinity of the site. However, there is currently no sidewalk, bike lane, or bike path along the project frontage on Auto Mall Parkway between Osgood Road and the I-680 southbound ramps, as is identified for future installation in the City’s planning documents. In addition, there is currently no crosswalk on the east leg of the Auto Mall Parkway and Osgood Road intersection, and there are no ADA compliant wheelchair ramps at the northeast corner of this intersection (adjacent to the project site). Pedestrian facilities on site include the accessibility path of travel between the handicap parking and the building entrance, one path of which crosses the main drive aisle at the building entrance. The other accessibility path of travel is located along the west side of the building, between it and the west drive aisle. The plan also shows a pedestrian path and crosswalk, between the building and the sidewalk on Osgood Road, just north of the South Driveway. The plan otherwise does not show on-site pedestrian paths or pedestrian connections to the sidewalk on Osgood Road.

As described previously, there are currently no sidewalks along sections of Auto Mall Parkway near the site. However, the City of Fremont Pedestrian Master Plan identifies citywide roadway projects designed to address the major sidewalk gaps in the city. Sidewalk gaps exist along Auto Mall Parkway and East of Osgood Road, and were identified as high-priority sidewalk projects in the City of Fremont Pedestrian Master Plan.
113 In addition, the city requires the installation of sidewalks, pedestrian walkways, and other pedestrian-oriented features in new development, pursuant to Policy 3-1.7 and Implementation 3-17.A of the City’s General Plan.

Bicycle facilities in the City of Fremont are identified and described in the Fremont Bicycle Master Plan.114 Along the site frontage are existing Class II buffered bike lanes northbound and a Class III bike route southbound. The city’s master bike plan shows Osgood Road to have Class II buffered bike lanes north of Auto Mall Parkway. Auto Mall Parkway has existing Class II bike lanes west of Osgood Road but is to be upgraded to a Class IV separated bikeway from west of Osgood Road to

113 City of Fremont. 2016. “Chapter 3: Network Recommendations. ” City of Fremont Pedestrian Master Plan.

Website: https://www .fremont.gov/home/showpublisheddocument/7277/637825156602300000 (accessed August 4, 2025 ).
114 City of Fremont. 2018. Bicycle Master Plan. Website: https://www.fremon t.gov/gov ernment/ departments/transportation-engineering/walking -bicy cling/bi cycl e-master-plan (accessed August 7, 2025).

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18.183.135. The proposed project would include Short-term bicycle parking racks at the building entrance and at the southeast corner of the building. Long-term bicycle parking would be located at the northwest corner of the building, near the North Site Driveway.

Usually, the installation of sidewalks, bike facilities, crosswalks and ADA compliant ramps along a project frontage are City requirements. However, installation of these improvements would be complicated by several factors, including the presence of industrial power lines and towers at the northeast corner of Auto Mall Parkway and Osgood Road, as well as a significant elevation difference between the north side of Auto Mall Parkway and the project site (resulting in a steep grade). As the City already identified the need for both pedestrian and bike improvements in the area, a comprehensive plan to address the specific bike and pedestrian challenges is needed in the area, as opposed to the implementation of project-specific improvements. This may include major reconstruction along Auto Mall Parkway and through the interchange with I-680. While the proposed project would result in a less than significant impact related to pedestrian and bicycle facilities, the proposed project would incorporate enhanced pedestrian and bike facilities, that would be implemented in collaboration with the City’s Public Works and Transportation Department as a condition of approval.

Traffic Operations Analysis.

Consistent with Senate Bill (SB) 743 and Section 15064.3 of the CEQA Guidelines, the California Environmental Quality Act (CEQA) no longer considers automobile delay, as measured by Level of Service (LOS), to be a significant environmental impact under CEQA. The analysis of transportation impacts under CEQA is now based on vehicle miles traveled (VMT) rather than intersection delay or congestion. Nevertheless, a brief LOS analysis was prepared for informational and local planning purposes to evaluate the project’s consistency with the City’s circulation policies and engineering design standards. This LOS analysis is not used to determine significance under CEQA, but rather to inform the City’s broader transportation planning considerations. Additional details regarding the LOS methodology, assumptions, and results are provided in Appendix D (Transportation Analysis).

Transportation Demand Management. A TDM Plan
116 was prepared to ensure the project
contributes to regional mobility goals by reducing single-occupancy vehicle trips and encouraging alternative transportation modes, pursuant to FMC Sections 10.20.030117 and 18.50.050118 . The stated goal for TDM measures in Fremont is to reduce total vehicle trips as well as vehicle trips

115 City of Fremont. 2018. “Chapter 5: Five Year Project List.” City of Fremont Bicycle Master Plan . Website:
https://www .fremont.gov/home/showpublisheddocument/7253/637825147774630000 (accessed August 4, 2025).
116 Hexagon Transportation Consultants, Inc. 2025. TDM Plan for the Proposed 43800 Osgood Road Industrial Use. May 5.
117 City of Fremont. n.d. Fremont Municipal Code. Section 10.20.030 – Deﬁnitions. Website: https://www. codepublishing.com/CA/Fremont/#!/Fremont10/Fremont1020.html#10.20.030 (accessed August 4, 2025) . 118 City of Fremont. n.d. Fremont Municipal Code. Section 18.50050 – Development standards and requirements applicable to all industrial districts. Website: https://www .codepublishing.com/CA/Fremont/ #!/Fremont18/Fremont1850.html#18.50.050 (accessed August 4, 2025).

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) during peak hours by a minimum of 20 percent. The TDM Plan developed for the proposed project identified proposed measures to ensure the project is in compliance with the City’s TDM requirements. The required measures identified by the TDM Plan include Price Workload Parking, a TDM Coordinator, an Online Transportation Kiosk, an Employer Carpool Program, an Employer Vanpool Program, and implementation of Bicycle Trip End Facilities. Compliance with TDM policies per FMC 10.20.030 and 18.50.050 would ensure that the proposed project is compliant with City TDM policies and impacts would be less than significant.

Therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. As such, project impacts would be less than significant.
b. Would the project conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)? With the passage of SB 743, VMT is now the State-mandated criterion for determining if a project will result in a “significant transportation impact.” In furtherance of this State legislative directive, in June 2020, the City amended the General Plan Mobility Element to replace LOS with VMT as the measurement to be used when conducting a Transportation Impact Analysis under CEQA. The VMT Analysis
119 conducted for the proposed project is based on the thresholds and guidelines provided in the City of Fremont Transportation Impact Analysis Handbook .120 The proposed project would not meet any of the applicable City VMT screening criteria, which for industrial uses, includes exemptions for location-based screening and transit proximity. Therefore, a VMT analysis was conducted using Fremont’s Open Data Portal, which is based on the Alameda County Transportation Commission (CTC) Travel Demand Forecast (TDF) model, and the Alameda CTC VMT Reduction Calculator Tool.

Consistent with the OPR’s recommendations,
121 the City uses the metric of home-based work VMT
per employee for evaluating the impacts of employment-based uses, such as the proposed project.

The home-based work VMT per employee measures all the commute trips between employees’ homes and the project site and divides that total distance by the number of employees at the site.

Consistent with OPR guidelines, the City does not include heavy-duty truck VMT as part of the VMT analysis. Because the proposed project is an industrial development, VMT was calculated and reported on a per employee basis. The impact threshold applied by the City of Fremont for industrial uses is the existing regional average VMT per employee, which is 18.10.

The project is located in a zone where the VMT per employee is 19.94 based on Fremont’s Open Data Portal. Therefore, without additional VMT reduction measures, the project’s VMT impact

119 Hexagon Transportation Consultants, Inc. 2025. VMT Analysis for proposed Industrial Development at 43800 Osgood Road in Fremont, California. March 7.
120 City of Fremont. 2020. Transportation Impact Analysis Handbook . Website: https://www.fremon t.gov / home/showpublisheddocument/391/637747611844000000 (accessed August 4, 2025 ). 121 Governor’s Oﬃce of Planning and Research (OPR). 2018. T echnical Advisory on Evaluating Transportation Impacts in CEQA . Website: https://opr .ca.gov/docs/20190122-743_T echnical_Advisory.pdf (accessed August 19, 2025 ).

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18.10). To reduce the project’s VMT impact to less significant levels, the project would need to reduce its VMT per employee by 9.3 percent.

Pursuant to Sections 10.20.030 and 18.50.050 of the FMC, the proposed project would be required to implement TDM strategies to reduce single-occupancy vehicle trips and encourage alternative transportation modes. Implementation of these combined measures is estimated to achieve an approximate 9.3 percent reduction in VMT from the project site, resulting in an average VMT per employee of 17.85, which is below the applicable VMT threshold of 18.10. Therefore, the project’s transportation impacts would be reduced to less than significant under CEQA. c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The Transportation Analysis prepared for the proposed project determined that sight distance was adequate, and that there were no vertical or horizontal curves, no on-street parking, and no existing landscaping that would limit sight distance. However, sight distance may be altered based on landscaping associated with the proposed project. While the Transportation Analysis provided a recommendation for the City to review landscaping prior to final design to ensure that adequate sight-distance triangles are maintained at both project driveways, this recommendation would be fulfilled by the requirements set forth in FMC Section 18.183.110, Development and Maintenance of Parking and Loading Area, subsection (a), Screening. Compliant with FMC Section 18.183.110(a), the proposed project shall implement adequate visual screening of vehicles from adjacent
residential lots and from the public street by requiring walls and landscaping in accordance with standards as applicable to the proposed project. Compliance with existing regulations would ensure that sight distance would be adequate with the project, provided the landscaping setback is maintained and no monument signs or other permanent fixtures are constructed that would limit sight distance.

As previously described, the fire truck access plan shows the fire access route to run from the North Site Driveway, south along the west drive aisle, across the main drive aisle to the southwest drive aisle, east along the central parking aisle, then jogs north along the southeast parking aisle, eastward and northward along the east parking aisle, back to the main drive aisle westward along the building frontage and back to Osgood Road. The fire access plan shows a scaled turn-template overlay for fire trucks. However, it is not clear whether the template also applies to the intended building purpose, which would involve heavy use by tractor trailer trucks. In order to reduce potential impacts associated with truck turns in site drive aisles and driveways, prior to final design, the project applicant shall coordinate with City staff to ensure the onsite drive aisles and driveways conform to city standards for tractor trailer trucks. The proposed project would be required to utilize truck turning templates to confirm adequacy as a condition of approval.

With utilization of truck turning templates, the site plan would make clear, via truck turning templates, that the on-site circulation system and site driveways would adequately accommodate semi tractor trailer trucks. Additionally, the proposed project would be subject to the City Public Works Engineering and Transportation Engineering Division’s review for consistency with the City’s design standards and applicable City of Fremont Standard Details and Standard Specifications to

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P:\A-E\CFR2002.23 - 43800 Osg ood Roa d \Pr oducts\Initial Study \4 - Final\43800 Osg ood Roa d_ ISMND .docx (03/27/26 ) ensure the safety of all users and would be designed to be compatible with ADA guidelines. In addition, there are no incompatible uses associated with the proposed project. As such, the proposed project would not substantially increase traffic hazards due to geometric design features or incompatible uses, and impacts would be less than significant. d. Would the project result in inadequate emergency access? As previously discussed, the proposed project includes a Fire Access Road Plan 122 . According to the
Fire Access Road Plan, the northern entrance would include a 35-foot-wide driveway and would provide access to the western side of the building, which would be designated for aerial apparatus access in the event of an emergency. Similarly, the southern entrance would include a 34-foot-wide driveway and would provide access to the western, eastern and southern boundaries of the project site. During construction, emergency access would be maintained, and Osgood Road would be the primary emergency response route for the project site.

The proposed project would involve limited roadwork on Osgood Road, including the installation of a signalized entrance at the North Site Driveway and potential sidewalk improvements. The proposed project would not reduce the number of traffic lanes on Osgood Road or alter the existing street layout; therefore, it would not alter or obstruct emergency access. Circulation throughout the project site would be consistent with applicable requirements regarding fire access in the event of an emergency.

Access to, from, and within the site for emergency vehicles would be reviewed and approved by the City’s Fire Department prior to project construction. The proposed project would comply with all applicable codes and ordinances for emergency vehicle access, which would ensure adequate access to, from, and within the site for emergency vehicles. Therefore, implementation of the proposed project would result in a less than significant impact related to emergency access.

122 Kier and Wright. 2024. 43800 Osgood Road Fire Access Road Plan. November 12.

5.B.a
Packet Pg. 234
Attachment: PLN2025-00100 Exhibit A - Negative Declaration and Initial Study (5745 : Sterling Osgood GPA & Rezoning)

43800 O SG OOD R OAD P RO JECT

FREMO N T , C ALIFORNIA

INITIAL STUDY /N EGATIVE D ECLARATION
FEBRUARY 2026

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4.18 TRIBAL CULTURAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a. Cause a substantial adverse change in the signiﬁcance of a tribal cultural resource, deﬁned in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically deﬁned in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public R esources Code Section
5020.1(k)? Or

ii. A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
In applying
the criteria set forth in subdivision (c) of Public
Resource Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native American tribe.

Fremont City CouncilJune 9, 2026

Fremont City Council
June 9, 2026