Exhibit “E”
Findings and Conditions of Approval for PLN2025-00100, Sterling Osgood GPA General Plan Amendment, Rezoning, Discretionary Design Review, and Environmental Impact Assessment
43800 Osgood Road (APNs 513 070101700 & 513 070101800)
I. FINDINGS
The findings below are made on the basis of information presented at the public hearing and contained in the report to the City Council, dated June 9, 2026, incorporated hereby.
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, staff finds 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 Planning Commission may recommend to the City Council approval or approval with modifications of 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 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 flex ible 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 Planning Commission may recommend the City Council to
approve, conditionally approve, or deny an application for discretionary design review. The approval authority 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 stan dards 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.
(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 a rea 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 und er 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.
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 wer e 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.
II. CONDITIONS OF APPROVAL
General Conditions:
A-1. Conformance to Approved Plans and Exhibits. The project shall substantially conform to Exhibit “D” (Project Plans) and is subject to compliance with all conditions of approval set forth herein.
A-2. Minor Modifications to Approved Plans. Minor modifications to the approved plans may be made, subject to review and approval of the Planning Manager and/or City Engineer.
Minor modifications to building elevations and footprints that support a superior project design may be made, subject to rev iew and approval of the Planning Manager and City Engineer. The Planning Manager and City Engineer shall retain the authority to determine the level of review required (i.e., depending on the severity or location of t he modification, the project may be referred to the Planning Commission or City Council for public comment, review and approval).
A-3. Development Impact Fees. The project shall be subject to Citywide Development Impact Fees. These fees include fees for fire protection services, capital facilities, and traffic facilities. The fees shall be calculated at the rate in effect at the time of building permit issuance.
A-4. Affordable Housing Fees. The project shall be subject to applicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.156), as set by the fee resolution in effect at the time of building permit issuance.
A-5. Expiration. Approval of the Discretionary Design Review and Tree Removal Permit shall expire twenty-four (24) months after the date of approval in accordance with the provisions of the Fremont Municipal Code.
A-6. Standard Development Requirements. The project shall be subject to the standard development requirements to address resource protection (FMC Section 18.218.050).
A-7. Industrial Performance Standards . The project shall be subject to the performance standards applicable to development within an industrial zoning district (FMC Section
18.50.040).
A-8. City Indemnification. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project. The City shall promptly notify the applicant of any such claim, action or proceeding. The City shall have the option of coordinating the defense. The City shall have the right, in its discretion, to approve separate legal counsel providing the City's defense. The applicant shall reimburse City for any attorneys' fees, costs and expenses directly and necessarily incurred by the City in the course
of such defense. Applicant agrees that City will forward monthly invoices to Applicant for attorneys' fees, costs and expenses it has incurred related to its defense of any Action and applicant agrees to timely payment within thirty (30) days of receipt o f the invoice. Within fourteen (14) days of an Action being filed, applicant agrees to post adequate security or a cash deposit with City in an amount to cover the City's estimated attorneys' fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City's invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with applicant in the defense of any Action. Nothing in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith.
Planning Conditions:
B-1. Final Colors and Materials Approval. The final colors and materials palette for the project shall be subject to review and approval to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
B-2. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. The lighting plan should be designed to meet Illuminating Engineering Society of North America (IESNA) standards. All lighting shall be consistent with the architectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid substantial light or glare that may have an impact on day or nighttime views in t he area. All wall lighting fixtures or sconces shall be of high quality, decorative lighting fixtures with concealed lighting elements.
Sufficient security lighting shall be installed within commons areas, parking areas, and walkways, subject to the review and approval of Planning Manager or designee, prior to issuance of a building permit.
B-3. Screening of Rooftop Equipment. The developer shall submit building permit plan s that include r ooftop screening elements for all HVAC and mechanical units and associated appurtenances. The type of screening material s selected for rooftop mechanical equipment shall demonstrate sufficient screening and achieve consistency with the architectural design of the buildings to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
Landscape Conditions:
C-1. WELO. The applicant shall work with staff to conform to the WELO standards.
C-2. Backflow Devices and Other Above-Ground Utilities. Backflow devices, utility meters and all other above-ground utilities located exterior of project building shall be screened with a continuous evergreen (non -seasonal) hedge, minimum five -gallon size and three -foot minimum height or otherwise concealed from public view to the satisfaction of the Planning Manager or designee, prior to issuance of a building permit.
C-3. Tree Planting Clearances. All tree planting areas shall be free of all utility structures and other built features, consistent with the spacing requirements defined in Landscape Standard Details (LSDs) 5 and 6.
C-4. Street Trees. All street trees shall be a minimum 24 -inch box size with the final tree selection coordinated and approved by the City Landscape Architect. City of Fremont
Standard Details for landscape planting and street tree protection (LSD -1 thru LSD -13 as applicable) shall be included in the plan sets.
Transportation Conditions:
D-1. Signage and Striping Plans . On-site and off -site signing and striping plans must be approved by the Director of Public Works Department or designee prior to issuance of building permits. The signing and striping plans must include a general note stating that “All signing and stripin g shall conform to the latest CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fremont Standard Details.”
D-2. Sight Distance. Driveway and vehicle accessway design must satisfy adequate sight distances including pedestrian visibility. Design shall satisfy adequate sight distances for vehicles circulating within and entering and exiting the site , to the satisfaction of the City Engineer.
D-3. Traffic Signal. The applicant shall complete the installation of a traffic signal, interconnected with the existing traffic signal at Osgood Road/Auto Mall Parkway, at the project site's northern driveway prior to commencement of first tenant operations. Additionally, the applicant shall implement other measures recommended in the project's Local Transportation Analysis to the satisfaction of the Director of Public Works.
D-4. Bicycle Parking. The number of bicycle parking spaces shall conform to FMC 18.183.135 “Required Bicycle Parking,” per Fremont Municipal Code, or the latest California Green Building Standards Code, whichever is more stringent. The location of bicycle parking facilities within the project site, spacing, and required pedestrian walkway clearances adjacent to the bicycle parking spaces are subject to review and approval by the Public Works Director or designee, prior to issuance of a building permit.
Engineering Conditions:
CONDITIONS TO BE SATISFIED PRIOR TO BUILDING PERMIT APPROVAL E-1. Encroachment Permit & Construction Agreement . This entitlement requires construction of certain public improvements. Developer shall submit for City’s review and approval engineered plans for all required improvements by applying for an encroachment permit parallel to obtaining a Building Permit. Foll owing City’s approval of the improvement plans, the Developer shall execute Improvement Agreement(s) on the City’s standard form that guarantee the timely completion of the public improvements to the satisfacti on of the City Engineer. The Improvement Agreement(s) shall be executed and delivered to the City prior to Building Permit. The Improvement Agreement(s) shall be accompanied by performance and labor and material security and required insurance certificates and endorsements in forms approved by the City.
E-2. Caltrans Encroachment Permit . The developer shall apply for and obtain a Caltrans (State) encroachment permit for all improvements within the State right-of-way. Temporary traffic control for improvements at Osgood Road and Auto Mall Parkway may extend to Caltrans right-of-way and a permit may be necessary.
E-3. Right-of-Way Dedication. Developer shall dedicate the right -of-way needed to accommodate the ultimate street configuration along the project frontage(s) on Osgood Road to the satisfaction of Director of Public Works.
E-4. Street Improvements.
a. The Developer shall be responsible to remove and replace curb, gutter, and sidewalk that is broken, uplifted and/or damaged during construction along the project frontages.
b. The Developer shall construct new curb, gutter, and 6 -ft. sidewalk along the Osgood Road street frontage.
c. The Developer shall construct a new ADA curb ramp at the corner of Osgood Road and Auto Mall Parkway.
d. The Developer shall construct two new driveways per City of Fremont Standard Detail SD-13B along the site’s Osgood Road street frontage.
e. The Developer shall adjust all utility boxes to grade within the right -of-way to the satisfaction of the Public Works Inspector.
f. The Developer shall coordinate the repair or replacement of the guardrail at the corner of Osgood Road and Auto Mall Parkway.
g. Dedication and improvement of the public streets shall be provided to the satisfaction of the Director of Public Works. Improvements shall include but are not limited to the following: curb and gutter, sidewalk, asphalt pavement, streetlights, fire hydran ts, street trees, water, sewer and storm drainage facilities, joint trench facilities, signing and striping, and accessible ramps.
h. Repair, overlay, or reconstruction of asphalt pavement may be required. The existing pavement will be evaluated with the street improvement plans and any necessary pavement restoration will be included as part of the approved street improvement plans.
i. Developer shall be required to grind and overlay Osgood Road in accordance with the City of Fremont “Street Cutting Policy – Multiple Cuts within One Block.”
E-5. Grading and Geology.
a. Erosion and Sediment Control Plan: The project plan set must include an Erosion and Sediment Control Plan (ESCP) sheet showing the Best Management Practices (BMPs) to be implemented to minimize pollutant discharges related to construction activity. The ESCP must show the development site at the stage of maximum land disturbance. A copy of the ESCP and/or SWPPP Plan must be maintained on the project site at all times throughout the demolition/grading/construction process; the ESCP and/or SWPPP must be updated as necessary to show adequate B MPs appropriate for the current stage of the project.
b. Seismic Hazard Zone: The project site is within the State of California Seismic Hazard Zone for Earthquake Induced Liquefaction Zone. A geotechnical investigation report by Krazan & Associates, Inc. dated October 10, 2024 was submitted.
Developer must check with the Building Department prior to Building Permit Approval to see if a peer review by the City’s peer review consultant or any additional
requirements are necessary. Plans shall be designed in conformance with the approved report.
E-6. Hydrology. Developer shall submit a hydrology map and hydraulic calculations with the building permit submittal. Map and calculations shall be prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15 -year recurrence interval f or primary facilities and 10-year recurrence interval for secondary facilities in accordance with the Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run-off from the project site.
E-7. Referrals. Prior to building permit issuance, the developer shall refer the project to the following agencies for approvals: Alameda County Water District (ACWD); Union Sanitation District (USD); Pacific Gas and Electric (PG&E) and Alameda County Flood Control & Wate r Conservation District (ACFC&WCD) and any other utility company that services the project.
Fire Safety Conditions:
F-1. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be required for the common Fire Department access roadways. A copy of the recorded easement may be requested by the Fire Department to the satisfaction of the Fire Marshall or designee, prior to issuance of a building permit.
Stormwater Conditions:
G-1. Stormwater Management Plan. The provided Preliminary Stormwater Management Plan is approved in concept only. Approval of the final Stormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to the developer providing the necessary plans, site specific details, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit. The appli cant will need to continue to work with City staff to finalize the plan and design for stormwater treatment, in compliance with City standards and the MRP3.0.
G-2. Operations and Maintenance Agreement . A Stormwater Management Measures Operations and Maintenance Agreement (aka O&M Agreement) will need to be submitted for review and approval when the project comes in for building permit. Template documents and instructions for completing the O&M Agreement may be found at http://city.fremont.gov/mrpcompliance. Final building permit approval will not be given without an approved, executed, and recorded O&M Agreement.
Building Safety:
H-1. Building Code. Project shall meet current building code (at the time of building permit application)
Environmental Services – Waste Management:
I-1. Garbage and Recycling Requirements. Garbage and recycling requirements are explained in the Fremont Waste Handling Guidelines document, available at:
www.fremont.gov/whg.
I-2. Collection Service. Weekly garbage, recycling and organics collection services are required
for all commercial and residential properties and are provided by Republic Services on an exclusive basis.
I-3. Collection. Applicant shall ensure adequate, accessible and convenient areas for collecting and loading of materials by garbage and recycling trucks are maintained.
END OF CONDITIONS
APPLICANT PLEASE NOTE:
The fees, dedications, reservations and/or other exactions imposed on this project are those listed in the foregoing conditions of approval. Any fee, dedication, reservation or other exaction is deemed imposed on the date of this approval. The applicant is hereby notified that the 90 -day period in which the applicant may protest these fees, dedications, reservations and other exactions pursuant to Government Code Section 66020(a) begins on the date they are imposed. If the applicant fails to file a protest within this 90-day period complying with all the requirements of Government Code Section 66020, the applicant shall be legally barred from later challenging such actions.