Planning Commission
April 23, 2026
Proposal: STERLING OSGOOD ROAD GPA & REZONING – 43800 Osgood Road - PLN2025-00100 - 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).
Recommendation: Recommend approval to the City Council.
Location: 43800 Osgood Road
APNs 513 070101700 and 513 070101800
Area: 11.21 Acres (488,285 Square Feet)
People: Mark Loper, Reuben, Junius and Rose, LLP – Applicant Teresa Goodwin, HPA Architecture - Architect
Landon Hunt, SLCP I Fremont LLC - Owner
Marc Cleveland, Staff Planner, 510-494-4543,
[email protected]
General Plan: Existing: Regional
Commercial Proposed:
Tech Industrial
Zoning: Existing: C-R
(Commercial –
Regional)
Proposed: I-T (Tech
Industrial)
EXECUTIVE SUMMARY
The applicant proposes a General Plan Amendment to redesignate the land use of the
Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 2
11.21-acre site 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. In conjunction with the above, the property’s existing improvements —a vacant 143,815 -square-foot building last occupied by a retail tenant and an appurtenant surface parking field —would be outfitted for future industrial tenancy. Staff recommends that the Planning Commission recommend approval of the project to the City Council, including adoption of the proposed Negative Declaration for the project as shown in Exhibit “A,” approval of the General Plan Amendment as shown in Exhibit “B,” the Rezoning as shown in Exhibit “C,” and the project plans as shown in Exhibit “D,” based on the findings and subject to the conditions of approval contained in Exhibit “E.”
BACKGROUND AND PREVIOUS ACTIONS
The project site was the home of Fry’s Electronics, a predominately 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 Distric t, 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 to 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.
Prior to the construction of existing improvements the site was part of a horse ranch that specialized in the breeding and stabling of Arabian horses, a use that operated at the site since the mid-twentieth century.
PROCEDURE FOR TONIGHT’S HEARING
At tonight’s hearing, the Planning Commission is charged with making a recommendation to the City Council regarding the following:
1. Adoption of a Negative Declaration (Neg Dec), prepared and circulated in accordance
with CEQA guidelines and as drafted in Exhibit “A;”
2. Adoption of a Resolution to amend the General Plan land use designation of the Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 3 property from Regional Commercial to Tech Industrial, as shown in Exhibit “B,” based on the project’s conformance to the findings prescribed by FMC Section
18.225.050;
3. Adoption of an Ordinance to rezone the subject property from Regional Commercial (C -R) to Tech Industrial (I -T), as shown in Exhibit “C” based on the project’s conformance to the findings prescribed by Fremont Municipal Code (FMC) Section 18.225.050;
4. Approval of a Discretionary Design Review Permit to remodel and reface the existing 143,815 square foot building, add an approximately 6,000 square foot mezzanine to the building, and modify the site’s layout, as shown in Exhibit “D,” based on the findings specified in FMC Section 18.235.060 and subject to the conditions contained in Exhibit “E;”
5. Approval of the removal of 47 City -protected trees based on the findings prescribed in FMC Section 18.215.070.
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 developer proposes 24 short -term bicycle spaces and 20 bicycle spaces.
Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 4
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 north bound 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.
PROJECT ANALYSIS
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. Staff supports the proposed General Plan Amendment because the proposal 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… include(ing) 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 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 Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 5 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.
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 product distribution, last -mile strategic locations, and especially advanced manufacturing, 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 Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 6 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 businesses, including businesses engaged in advanced manufacturing, and warehouse and distribution activities.
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 one - time 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.
Zoning Regulations
The subject property is currently zoned Regional Commercial (C -R). The applicant is requesting a Rezoning of the site to Tech Industrial (I -T) to enable the adaptive reuse of an existing 143,815 square foot building. In the I -T zoning district, industrial buildings over 0.35 floor area ratio (FAR) are limited to warehouse or manufacturing uses; the existing building with the proposed 6,000 -square-foot mezzanine addition would result in a FAR of 0.29 FAR, so the full range of industrial uses allowed in the I - T zoning district would be available.
The following table provides an overview of the project’s conformance with the development
standards of the I-T zone:
Standard I-T Zone
Requirement
(FMC Table
18.50.030)
Proposed Project Compliant
(Yes/No)
Minimum Lot Area 20,000 SF 488,285
Yes
Minimum Lot
Width
70 Feet 748 feet
Yes
Minimum Front
Setback
25 Feet (when
across the street
from non-
residential)
56 feet – 3 inches
Yes
Minimum Rear
Setback
None (when
adjacent to non-
residential)
79 feet – 1 inch
Yes
Minimum Side
Setback (interior)
None (when
adjacent to non-
residential)
5 feet
Yes
Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 7 Minimum Side
Setback
25 Feet
400 feet
Yes
Maximum Building
Height
75 Feet 37 feet
Yes
Maximum Floor
Area Ratio (FAR)
0.35, except 0.45
for warehousing
and manufacturing
facilities
0.29 FAR
Yes
Per the above, the size, massing, and siting of the existing building is conforming with all applicable development standards of the proposed I -T zoning district. Though specific tenants for the proposed building are not known at this stage, contemplated project occupants include advanced manufacturing and/or warehousing uses, which are allowed in the I-T zoning district and allowed at the proposed FAR.
The following table provides an overview of the project’s conformance with the on -site parking requirements applicable to each building:
Standard Requirement
(FMC Chapter 18.183)
Proposed Project Compliant
(Yes/No)
Minimum
Automobile
Parking
Space Count
Warehouse/Manufacturing:
5 per 1,000 square feet of
office area and similar
activities plus 1.25 per KSF
other indoor areas,
minimum of 1.6 per KSF
average overall
(238 spaces required)
365 Vehicle parking spaces
62 Trailer parking spaces
Yes
Maximum
Compact Parking
Space Count
35% of total 16% of total vehicle spaces
required
(39 spaces)
Yes
Minimum Bicycle
Parking, Short-
Term
4 + 5% of the total
required vehicle parking
spaces
24 Spaces
Yes
Minimum Bicycle
Parking, Long-
Term
1 + 5% of the total
required vehicle parking
spaces
20 Spaces Yes
Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 8 As the table shows, all parking requirements for a future industrial user would be met.
Per FMC Section 18.183.130, Of the 365 total automobile parking spaces, 75 would be designed for electric vehicle use and 19 would be equipped with charging stations. The trailer parking spaces provide flexibility for a user that may require additional parking; those spots can easily be converted back into vehicular parking.
Design Analysis
Site Planning:
The proposed project’s existing building is sited and oriented in such a way as to provide adequate setbacks from public streets and adjacent uses and conceal truck bays and related loading operations from public right -of-way view and view from neighboring properties. The preliminary landscape plan of the proposed project would include new landscaping within interior parking areas as well as along the eastern, southern, and western boundaries of the project site. The perimeter landscape strips are intended to provide a solid evergreen screen that would limit public right -of-way views into the site, effectively concealing surface parking areas and the building’s loading dock operations. 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 project’s landscaping plant pallet includes low water use and/or native plant species including, but not limited to, Sonoran 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 would receive a minimum of 3” of dark brown bark mulch to improve the health of the soil and contribute to landscape area aesthetics.
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
Architecture:
The proposed project’s existing building would feature a façade rehab updating the paint scheme and materials to a contemporary industrial aesthetic, improving the appearance of the building’s relatively drab current condition. New storefront framing with tempered glazing would be applied at three proposed entrances located on the west, center, and east sides of the building. These transparent entrance areas would be accentuated with steel canopies that add material variation to the building and serve to define the entrance areas. The proposed color scheme —a mix of gray and blue paint tones, with two shades of glazing —would add visual interest and visually align the building with other recent industrial developments in the City that feature a similar industrial paint scheme. The proposed project would include up to 18 docking doors and 3 drive -in doors on the building’s south elevation. The project has been reviewed in accordance with the City-Wide Design Guidelines.
Access/Circulation:
Currently access to the project site is provided via two driveways on Osgood Road at the same locations as the existing southernmost and northernmost driveways to the site. The main site driveway, the North Site Driveway, is located approximately 700 feet north of Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 9 Auto Mall Parkway. The main site driveway provides full access to and from Osgood Road via an unsignalized four -leg, side -street-controlled intersection. The north site driveway constitutes the east approach of this intersection and Osgood Court represents the west approach. There is an existing southbound left -turn pocket on Osgood Road that provides access to the North Site Driveway. The southbound left -turn channelization is of unlimited length, as it forms a continuation of a two -way center left -turn lane with no taper to delineate a left-turn pocket. The north site driveway extends back from Osgood Road, into the site, and turns southward along the west drive aisle parallel to Osgood Road. Though the throat depth of the north site driveway (distance from Osgood Road to the west drive aisle) is only 30 feet, the west drive aisle adds another 270 feet of storage for outbound vehicle queues at the north site driveway The south site driveway is located approximately 300 feet north of Auto Mall Parkway and provides right -turn-in-out only access, as there is a raised median island on Osgood Road opposite the driveway. There is an existing 100 - foot northbound left-turn pocket on Osgood Road at Osgood Court/north site driveway that would serve U -turns by vehicles exiting the south site driveway going to Auto Mall Parkway. The Transportation Division has reviewed site access, internal circulation, and deemed it safe and efficient.
The proposed project would involve limited roadwork on Osgood Road, including the installation of a signalized entrance at the north site driveway and sidewalk improvements.
A signal warrant analysis was conducted for the existing full -access unsignalized intersection at Osgood Road and Osgood Court/ north site driveway . The results of the signal warrant analysis indicate that the intersection would meet the peak -hour warrant criteria under background plus project conditions during the PM peak hour, thus warranting the installation of a traffic signal. 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.
Tree Removal/Replacement:
There are currently a total of 133 trees on the project site that are subject to the City’s Tree Preservation Ordinance (FMC 18.215). The proposed project would retain 76 trees out of the existing 133 on the site. Additionally, the proposed project would plant 198 trees 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 controllers, irrigation zones for specific plant water needs, and rain sensors. City landscape architecture review staff reviewed the proposed tree removal plan and determined that the removal of the selected trees was reasonable to allow development of the site.
Grading/Drainage:
The project site is generally level. Project grading activities would consist of preparing the site to accommodate improved landscaping, utilities, and asphalt. 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.
The Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (MRP) requires all new and redevelopment projects to incorporate measures to prevent pollutants from being conveyed in stormwater runoff and into the Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 10 public storm drain system. This project would be required to comply with the MRP by incorporating source controls and treatment measures into the project design. The proposed stormwater treatment would include nine bioretention basins constructed around the building to treat stormwater runoff from impervious surfaces throughout the site.
Public Improvements:
Improvements to the public rights -of-way adjacent to the project site would include a number of dedications and other exactions required by code and conditions of approval in order to offset the capital improvements to public infrastructure necessary to support the project. These include the new ADA compliant sidewalk in front of Osgood Road frontage, as well as the improved ADA compliant pedestrian ramp at the corner of Osgood Road and Auto Mall Parkway. A traffic signal will also be installed to improve safety on left turns out of the property’s north driveway.
FINDINGS FOR APPROVAL
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 Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 11 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 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 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.
(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 Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 12 standard requirements related to noise, odors, vibration, and lighting. Improved pedestrian facilities along Fremont Boulevard 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 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.
CITY FEES
The 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 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. The applicant may elect to defer payment of the fees in accordance with the City’s Impact Fee Deferral Program.
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.
Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 13 As such, a Negative Declaration was prepared and circulated for public review in accordance with the requirements of CEQA (see Exhibit “A”). No comments were received during the circulation period.
PUBLIC NOTICE AND COMMENT
Public hearing notification is applicable for the entitlements being requested. A total of 146 hearing notices were mailed to all owners and occupants of property within 300 square feet of the site, as well as all interested parties. The hearing notices were mailed on April 1, 2026 . A Public Hearing Notice was also published by The Tri-City Voice on March 31, 2026
.
During the course of the CEQA review for the project, two separate notices were provided to local tribal representatives in accordance with state law related to General Plan Amendments (SB18) and preparation of an initial study (AB52). Requests for tribal consultation were received from the Confederated Villages of Lisjan, the Muwekma Ohlone tribes, and Tamien Nation. The City consulted with the tribes’ representatives to discuss their consultation requests. No requests for changes to the project or special conditions/mitigation were received and the consultations were closed.
RECOMMENDATION
1. Hold public hearing;
Recommend that the City Council:
2. Find, in accordance with CEQA Guidelines Section 15074, that the City Council has considered the proposed Negative Declaration as shown in Exhibit “A” was prepared in accordance with the requirements of CEQA, together with any comments received during the public review process, and there is no substantial evidence that the project will have a significant effect on the environment, and that this action reflects the independent judgment and analysis of the City of Fremont;
3. Find that the General Plan Amendment conforms with and contains the requirements provided for in the City’s planning processes, constitutes a suitable and logical change in the plan for physical development of the City of Fremont, and is in the public interest;
4. Find the project is in conformance with the relevant provisions contained in the City’s General Plan, including the designated goals and polices set forth in the Land Use and Economic Development Chapters of the General Plan as Planning Commission Report (ID # 5706) Meeting of April 23, 2026 STERLING OSGOOD ROAD GPA & REZONING PLN2025-00100 Page 14 enumerated in the staff report;
5. Find that the project plans as shown in Exhibit “D” fulfill the applicable requirements
set forth in the Fremont Municipal Code;
6. Adopt a resolution approving a General Plan Amendment to change the land use designation of the site from Regional Commercial to Tech Industrial, as shown in Exhibit “B;”
7. Introduce an ordinance Rezoning the project site from Regional Commercial (C - R) to Tech Industrial (I -T) based upon the findings and subject to the conditions of approval set forth in Exhibit “E;”
8. Direct staff to prepare and the City Clerk to publish a summary of the resolution and ordinance.
ENCLOSURES
• Exhibit A - Negative Declaration and Initial Study
• Exhibit B - General Plan Amendment
• Exhibit C - Rezoning
• Exhibit D - Project Plans
• Exhibit E - Findings Conditions of Approval
• Informational 1 - Market Assessment and Economic Benefits Analysis for Change of Use at 43800 Osgood
• Informational 2 - Draft Ordinance
• Informational 3 - Draft Resolution