19:00:45 WE'LL START TONIGHT WITH THE PLEDGE OF ALLEGIANCE. 19:00:49 SO I'D LIKE TO ASK COMMISSIONER MCDONALD IF YOU COULD LEAD US WITH THE 19:00:56 PLEDGE OF ALLEGIANCE. >> Chair McDonald: WOW, SURPRISE. 19:01:04 OKAY. I PLEDGE ALLEGIANCE TO THE FLAG OF 19:01:08 THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE 19:01:20 NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. 19:01:21 >> Chair Yee: THANK YOU, COMMISSIONER MCDONALD. 19:01:25 THIS IS THE POINT IN THE AGENDA I WOULD LIKE TO ASK THE FOLKS IN THE COUNCIL 19:01:30 CHAMBERS TO TURN OFF OUR SILENCE THEIR CELL PHONES, BUT AS YOU CAN SEE, OUR 19:01:33 FORMAT IS A LITTLE DIFFERENT. SO PLANNING COMMISSION, SECRETARY JOEL 19:01:37 PULLEN, PLEASE EXPLAIN TONIGHT'S MEETING PROTOCOL, INTRODUCE STAFF, AND 19:01:40 TAKE THE ROLL CALL. IT SOUNDS LIKE SOMEBODY'S GOT SOME 19:01:50 BACKGROUND NOISE GOING ON. >> Planner Pullen: CHAIR, JUST TO GET 19:01:55 STARTED, IT APPEARS WE DO HAVE SOME PEOPLE LIVE IN THE BACKGROUND. 19:02:02 PLEASE DO MUTE YOUR MICROPHONE, OR TRISH, CAN YOU CONTROL? 19:02:11 >> Ms. Cordova: YES. >> Planner Pullen: EXCELLENT. 19:02:17 THIS MEETING IS BEING CONDUCTED UTILIZING TELECONFERENCES, ELECTRONIC 19:02:21 MEANS CONSISTENT WITH STATE OF CALIFORNIA EXECUTIVE ORDERS REGARDING 19:02:24 THE COVID-19 PANDEMIC. THE LIVESTREAM OF THE MEETING MAY BE 19:02:29 VIEWED ON COMCAST TABLE TELEVISION CHANNEL 27 AND/OR ONLINE AT THE LIVE 19:02:33 WEBCAST ON THE CITY'S WEBSITE. DETAILS CAN BE FOUND AT 19:02:37 FREMONT.GOV/PLANNINGCOMMISSION. OUR PUBLIC INPUT PROTOCOL ALLOWS THE 19:02:41 PUBLIC TO BE UNMUTED BY THE CLERK TO SPEAK AT THIS MEETING USING ZOOM'S 19:02:44 RAISE HAND FEATURE. THE RECORDING CLERK WILL RECOGNIZE 19:02:47 SPEAKERS DURING ORAL COMMUNICATION OPPORTUNITIES. 19:02:50 EMAIL COMMENTS SUBMITTED TO THE CLERK HAVE BEEN PROVIDED TO THE COMMISSION 19:02:53 PRIOR TO THE MEETING. I'LL START TONIGHT WITH COMMISSION 19:02:55 ROLL CALL. TONIGHT WE'RE GOING TO GO GENERALLY 19:03:00 DOWN THE ORDER FROM THE CHAIRPERSON ON DOWN THE LINE, SO WHEN YOU HEAR YOUR 19:03:03 NAME, PLEASE RESPOND. CHAIR YEE, HERE. 19:03:09 VICE CHAIR RAO IS ABSENT. COMMISSIONER MCDONALD, HERE. 19:03:16 COMMISSIONER STECKLER, PRESENT. COMMISSIONER CARDENAS, HERE. 19:03:26 COMMISSIONER DAULTON -- I SEE COMMISSIONER DAULTON IS PRESENT. 19:03:31 I DIDN'T HEAR HIM BUT HE'S HERE. AND COMMISSIONER LIU, HERE. 19:03:33 >> Planner Pullen: ALL RIGHT. SIX PRESENT, ONE ABSENT, CHAIR. 19:03:36 I'D LIKE TO INTRODUCE STAFF WHO ARE ALSO PARTICIPATING TONIGHT. 19:03:39 MY NAME AGAIN IS JOEL PULLEN, THE PLANNING COMMISSION SECRETARY. 19:03:44 JOINING US FROM THE CITY ATTORNEY'S OFFICE IS SENIOR DEPUTY CITY ATTORNEY 19:03:49 HEATHER LEE. TONIGHT'S RECORDING COCLERKS ARE MARIA 19:03:51 SALINAS AND TRISH CORDOVA. THE APPLICANTS FOR THE PUBLIC HEARING 19:03:56 ITEM TONIGHT, ITEM 1, ARE ALSO ON THE CALL IN ORDER TO FACILITATE 19:03:57 PRESENTATION AND FEEDBACK FROM THE COMMISSION. 19:04:03 I'D LIKE TO ASK EVERYONE ON THE CALL TO GENERALLY MUTE YOUR LINE WHEN YOU'RE 19:04:05 NOT SPEAKING. PLEASE ANNOUNCE YOUR NAME WHEN YOU 19:04:10 START TO SPEAK FOR BENEFIT OF THOSE WHO MAY BE ON THE PHONE, THAT DON'T 19:04:14 RECOGNIZE YOUR VOICE. COMMISSIONERS, PLEASE ASK TO BE 19:04:17 RECOGNIZED BY THE CHAIR PRIOR TO BEGINNING SPEAKING, WHEN ASKING 19:04:21 CLARIFYING QUESTIONS OR C DELIBERATING. 19:04:26 CHAIR YEE, I'LL PASS THE MEETING BACK TO YOU. 19:04:30 >> Chair Yee: LOOKS LIKE WE HAVE NO APPROVAL OF MINUTES, THERE'S NONE TO 19:04:34 APPROVE SO WE'LL GO PAST THAT AND THEN GO RIGHT ON TO DISCLOSURES. 19:04:39 SO THIS IS PART OF THE AGENDA WHERE WE DISCUSS ANY DISCLOSURE COMMISSIONERS 19:04:42 MAY HAVE REGARDING ITEMS ON THE AGENDA. 19:04:45 I'LL START FIRST. SO FOR THE FIRST AGENDA ITEM, I TOURED 19:04:49 THE CHAPEL WAY SITE AND I SPOKE TO SEVERAL RESIDENTS IN THE AREA THAT 19:04:53 WERE PICKING UP THEIR CHILDREN AT THE LOCAL SCHOOL, AND I SPOKE WITH THE 19:04:57 MANAGER OF THE BRIARWOOD APARTMENTS THAT'S RIGHT ACROSS THE STREET. 19:05:02 THEN FOR THE SECOND AGENDA ITEM, I SPOKE WITH THREE DEVELOPERS TO KIND OF 19:05:05 GET AN IDEA ABOUT AFFORDABLE HOUSING AND THEIR NEEDS IN ORDER TO BE ABLE TO 19:05:11 DO THAT. SO I GUESS WE GO RIGHT DOWN THE LINE, 19:05:16 SINCE VICE CHAIR RAO IS NOT HERE. COMMISSIONER MCDONALD, ANY 19:05:18 DISCLOSURES? >> Chair McDonald: SURE, I ATTENDED 19:05:26 SOME OF THOSE AFFORDABLE HOUSING STUDY SESSIONS AND MEETINGS, AND ALSO I AM 19:05:31 BY THE CHAPEL WAY SCHOOL SITE LOCATION MULTIPLE TIMES A WEEK AND HAVE BEEN 19:05:35 FOR YEARS. >> Chair Yee: THANK YOU. 19:05:37 COMMISSIONER STECKLER, ANY DISCLOSURES? 19:05:43 >> Commissioner Steckler: I WENT BY THE CHAPEL SITE. 19:05:45 >> Chair Yee: COMMISSIONER CARDENAS? >> Commissioner Cardenas: SAME. 19:05:49 HAD A CHANCE TO VISIT THE CHAPEL SITE. >> Chair Yee: COMMISSIONER DAULTON? 19:05:51 >> Commissioner Daulton: WALKED AROUND 19:05:55 THE CHAPEL SITE AS WELL. >> Chair Yee: AND COMMISSIONER LIU. 19:06:00 >> Commissioner Liu: I VISITED THE CHAPEL WAY SITE AND SPOKE WITH ONE OF 19:06:05 THE APPLICANTS AND ALSO SPOKE WITH STAFF. 19:06:07 >> Chair Yee: ALL RIGHT, THANK YOU, EVERYBODY. 19:06:11 SO I'M LOOKING -- THERE'S NOTHING ON THE CONSENT CALENDAR, SO WE'RE GOING 19:06:16 TO GO TO PUBLIC ORAL COMMUNICATIONS. WE'RE GOING TO OPEN THE PUBLIC ORAL 19:06:19 COMMUNICATIONS ORGANIZATION OF OUR MEETING. 19:06:23 IF YOU'D LIKE TO SPEAK ABOUT ANYTHING NOT, AND I REPEAT, NOT ON TONIGHT'S 19:06:27 SCHEDULED ITEMS, PLEASE VIRTUALLY RAISE YOUR HAND NOW, USING THE RAISE HAND 19:06:30 FEATURE IN ZOOM OR USE STAR NINE IF ON THE PHONE. 19:06:34 AND EACH SPEAKER WILL HAVE -- WELL, IT DEPENDS ON HOW MANY PEOPLE WE'LL 19:06:39 HAVE. WE'LL PAUSE FOR A MOMENT AND ASK THE 19:06:45 RECORDING CLERK, TRISH CORDOVA, IF WE HAVE ANYONE RAISE THEIR HAND FOR ORAL 19:06:47 COMMUNICATION. THESE ARE, AGAIN, FOR ANY TOPICS NOT 19:06:50 ON TONIGHT'S AGENDA. SO TRISH, DO WE HAVE ANY SPEAKERS? 19:07:02 >> Ms. Cordova: I HAVE -- WE DON'T HAVE ANY SPEAKERS. 19:07:08 >> Chair Yee: OKAY. SO THEN WITH THAT, I'LL MOVE ON TO 19:07:12 OPENING THE PUBLIC HEARING AND MOVE ON TO OUR REGULAR AGENDA ITEMS. 19:07:17 SO WE HAVE TWO AGENDA ITEMS TONIGHT. SO JOEL, COULD YOU PLEASE READ THE 19:07:25 FIRST ITEM'S TITLE? >> Planner Pullen: YES, CHAIR. 19:07:27 GETTING SITUATED HERE. ALL RIGHT. 19:07:32 SO CHAIR, THE FIRST ITEM ON TONIGHT'S AGENDA, ITEM 1, IS THE CHAPEL WAY 19:07:34 SCHOOL GENERAL PLAN AMENDMENT SCREENING REQUEST. 19:07:39 THIS ITEM IS TO CONSIDER A GENERAL PLAN AMENDMENT SCREENING REQUEST TO 19:07:42 AUTHORIZE FORMAL PROCESSING OF A GENERAL PLAN AMENDMENT APPLICATION TO 19:07:48 CONVERT THE GENERAL PLAN LAND USE DESIGNATION OF A PROPERTY ON CHAPEL 19:07:52 WAY FROM PUBLIC FACILITY TO URBAN RESIDENTIAL TO FACILITATE THE 19:07:57 DEVELOPMENT OF TWO PRIVATE SCHOOLS AND TO ALLOW FUTURE HOUSING FOR TEACHERS, 19:08:00 SENIORS AND OTHER COMMUNITY GROUPS, AND TO CONSIDER A FINDING THAT THE REQUEST 19:08:04 IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO 19:08:09 CEQA GUIDELINES 15378 AND THAT IT DOESN'T MEET THE DEFINITION OF A 19:08:11 PROJECT. THE RECOMMENDED ACTION TONIGHT IS TO 19:08:16 EVALUATE THE PROPOSAL AND MAKE A RECOMMENDATION ON WHETHER THE GENERAL 19:08:18 PLAN AMENDMENT SCREENING SHOULD BE CONSIDERED. 19:08:20 OR A GENERAL PLAN AMENDMENT ITSELF SHOULD BE CONSIDERED. 19:08:26 PROJECT PLANNER IS HERE TONIGHT, HANG ZHOU HAS A PRESENTATION FOR YOU, AFTER 19:08:29 WHICH THE APPLICANT WILL BE GIVEN 10 MINUTES AS A TEAM TO GIVE A 19:08:33 PRESENTATION, AND THEN PUBLIC COMMENT AND THEN A REBUTTAL FROM THE APPLICANT 19:08:43 FOR 3 MINUTES AT THE END. SO I'LL GIVE THE FLOOR TO HANG TO GIVE 19:08:51 THE PRESENTATION. >> GOOD EVENING, COMMISSIONERS. 19:08:56 THE ITEM BEFORE YOU TONIGHT IS A GENERAL PLAN SCREENING REQUEST FOR 19:09:00 CHAPEL WAY SCHOOL. BACK IN 2016, THE CITY COUNCIL ADOPTED 19:09:06 A GENERAL PLAN AMENDMENT SCREENING POLICY WHICH CREATED A PREAPPLICATION 19:09:11 SCREENING PROCESS FOR GENERAL PLAN THAT RESULTED IN LAND USE CHANGES TO ALLOW 19:09:15 ADDITIONAL MARKET RATE HOUSING. THE INTENT OF THE POLICY IS TO PROVIDE 19:09:19 AN OPPORTUNITY FOR THE PLANNING COMMISSION AND THE CITY COUNCIL TO 19:09:24 SCREEN POTENTIAL GENERAL PLAN AMENDMENT APPLICATIONS AND IDENTIFY THE PROJECTS 19:09:28 THAT THEY'RE WILLING TO CONSIDER FOR FORMAL REVIEW OR THE ONES THAT HAVE NO 19:09:33 INTEREST IN PURSUING FURTHER. THE POLICY MAKES IT VERY CLEAR THAT 19:09:38 THE GRANT OF AUTHORIZATION BY THE CITY COUNCIL IN NO WAY IMPLIES PROJECT 19:09:41 APPROVAL. IT ONLY AUTHORIZES FORMAL PROCESSING 19:09:44 OF APPLICATIONS WORTHY OF FURTHER CONSIDERATION. 19:09:50 IN ACCORDANCE WITH THE POLICY, STAFF PERFORMED NO ANALYSIS ON THE SCREENING 19:09:54 REQUEST APPLICATION. THEREFORE, STAFF IS NOT MAKING ANY 19:09:57 RECOMMENDATIONS. THE PLANNING COMMISSION WILL RECOMMEND 19:10:02 THE CITY COUNCIL TO AUTHORIZE OR NOT TO AUTHORIZE THE FORMAL PROCESSING OF THE 19:10:07 GENERAL PLAN AMENDMENT APPLICATION. REQUESTS SHOULD BE EVALUATED BASED ON 19:10:10 THE POTENTIAL COMMUNITY BENEFITS THAT A PROJECT CAN PROVIDE. 19:10:18 EXAMPLES INCLUDE ADDITIONAL AFFORDABLE HOUSING BEYOND WHAT IS REQUIRED, THE 19:10:22 DESIECIALITY OF LAND USE CHANGES, SMALLER UNIT SIZES, PROVISION OF 19:10:26 SUSTAINABILITY MEASURES OR OTHER AMENITIES SERVING THE BROADER 19:10:33 COMMUNITY. THE SITE OF CHAPEL WAY SCHOOL IS A 19:10:35 2-ACRE LOT NEXT TO THE IRVINGTON TOWN CENTER. 19:10:39 THE ONLY ACCESS TO THE SITE IS FROM THE CHAPEL WAY ON THE LEFT. 19:10:43 THE LOT IS SURROUNDED BY A CEMETERY, A CHURCH, A POSTAL OFFICE AND COMMERCIAL 19:10:46 AND SOME SINGLE-FAMILY RESIDENTIAL USES. 19:10:51 IT FEATURES A FORMAL EDUCATIONAL FACILITY THAT CONSISTS OF 14,000 19:11:01 SQUARE FOOT BUILDING, 25 SURFACE PARKING SPACES AND OUTDOOR PLAY 19:11:07 COURTS. IN OCTOBER 2018, THE ALAMEDA COUNTY 19:11:12 OFFICE OF EDUCATION'S BOARD CONFIRMED THE SURPLUS STATUS OF THE SUBJECT SITE 19:11:14 AND AUTHORIZED THE SALES OF THE PROPERTY. 19:11:22 THE SUBJECT SITE IS CURRENTLY DESIGNATED AS PUBLIC FACILITY, WHICH 19:11:27 GENERALLY APPLIES TO NON-OPEN SPACE PARCELS OWNED BY PUBLIC AGENCIES TO 19:11:31 ALLOW THE DEVELOPMENT OF PUBLIC SCHOOLS OR OTHER PUBLIC FACILITIES OR 19:11:34 UTILITIES. THE PUBLIC FACILITY LAND USE 19:11:38 DESIGNATION WAS CREATED IN THE 2011 GENERAL PLAN FOR THE PURPOSE OF 19:11:43 HIGHLIGHTING PUBLIC FACILITIES AS VITAL PARTS OF THE NEIGHBORHOODS AND 19:11:46 COMMUNITIES THEY ADJOIN AND ACKNOWLEDGING THEIR PRESENCE AS PART 19:11:51 OF THE CITY FABRIC. PRIOR TO THE 2011 GENERAL PLAN, PUBLIC 19:11:56 FACILITIES WERE ASSIGNED VARIOUS LAND USE DESIGNATIONS TYPICALLY IN 19:11:58 ALIGNMENT WITH THE CHARACTER OF SURROUNDING LAND USES. 19:12:04 THE 2011 GENERAL PLAN DID NOT ANTICIPATE A PUBLIC FACILITY 19:12:07 DESIGNATED PROPERTY BEING PRIVATELY OWNED, WHICH IS THE SITUATION THAT HAS 19:12:13 BEEN CREATED THROUGH THE ALAMEDA COUNTY OFFICE OF EDUCATION SALE OF THE 19:12:17 SUBJECT PROPERTY. PRIVATE USE IS ONLY ALLOWED IN PUBLIC 19:12:23 FACILITY DISTRICT THROUGH JOINT PUBLIC-PRIVATE PARTNERSHIP, PROVIDED 19:12:28 SUCH DEVELOPMENT IS CONSISTENT WITH THE GENERAL PLAN POLICIES. 19:12:32 AS THE SCHOOL DISTRICT INTENDS TO SELL THE PROPERTY TO PRIVATE OWNERS, 19:12:35 REDESIGNATION OF THE SUBJECT SITE WOULD BE REQUIRED FOR ANY FUTURE PRIVATE 19:12:41 DEVELOPMENT. THE APPLICANT IS PROPOSING TO CHANGE 19:12:46 THE LAND USE DESIGNATION OF THIS SITE FROM PUBLIC FACILITY TO URBAN 19:12:51 RESIDENTIAL, 30 TO 70 UNITS PER ACRE. THE PROPOSED URBAN RESIDENTIAL 19:12:56 DESIGNATION WOULD ALLOW THE APPLICANT TO USE THE EXISTING FACILITY FOR TWO 19:13:00 PRIVATE SCHOOLS SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT, AND TO 19:13:04 FACILITATE THE FUTURE DEVELOPMENT OF A PORTION OF THE SITE WITH TEACHER 19:13:08 HOUSING AND AFFORDABLE HOUSING FOR SENIORS, AND OTHER COMMUNITY GROUPS 19:13:13 SUBJECT TO FUTURE ENTITLEMENTS. IT SHOULD BE NOTED THAT A PRIVATE 19:13:17 SCHOOL USE COULD BE ALLOWED ON THE SITE AS A JOINT PUBLIC-PRIVATE DEVELOPMENT 19:13:20 UNDER THE SITE'S CURRENT GENERAL PLAN DESIGNATION. 19:13:24 PROVIDED THAT THE SITE IS OWNED BY A PUBLIC AGENCY AND SUBJECT TO THE 19:13:30 APPROVAL OF A CONDITIONAL USE PERMIT. AND LAST, STAFF WANTS TO NOTE THAT 19:13:34 THERE IS NO SPECIFIC PLAN FOR HOUSING DEVELOPMENT OR A CONDITIONAL USE 19:13:40 PERMIT FOR PRIVATE SCHOOLS UNDER -- THE ITEM BEFORE YOU IS A SCREENING REQUEST 19:13:44 FOR GENERAL PLAN AMENDMENT, WHICH WOULD AUTHORIZE OR NOT TO AUTHORIZE THE 19:13:48 APPLICANT TO PROCEED WITH A FORMAL APPLICATION TO CHANGE THE LAND USE 19:13:51 DESIGNATION FROM PUBLIC FACILITY TO URBAN RESIDENTIAL. 19:13:55 THAT CONCLUDES STAFF'S PRESENTATION, AND STAFF IS READY FOR QUESTIONS. 19:14:05 THANK YOU. >> Chair Yee: THANK YOU, HANG. 19:14:11 SORRY, I WAS MUTED. DO WE HAVE ANY CLARIFYING QUESTIONS 19:14:14 FROM THE COMMISSION THAT WANTED TO ASK HANG ABOUT HER PRESENTATION? 19:14:26 TRISH, IS THERE ANY WAY YOU CAN GET THIS SCREEN BACK TO THE -- WITH ALL 19:14:29 THE TILES FOR ME TO SEE WHO MAY HAVE RAISED THEIR HAND FROM THE 19:14:36 COMMISSION? OH, GOOD. 19:14:40 I SEE A HAND RAISED NOW. COMMISSIONER MCDONALD, YOU HAVE A 19:14:43 CLARIFYING QUESTION BASED ON THE INFORMATION THAT WAS JUST PRESENTED? 19:14:53 YOU'RE MUTED. >> Chair McDonald: SORRY ABOUT THAT. 19:14:56 I'M TRYING TO STAY QUIET. OKAY. 19:15:01 I UNDERSTAND THAT THERE IS A PRIVATE SCHOOL CURRENTLY ON SITE AND IT IS A 19:15:05 JOINT VENTURE AND THAT IS WHY THEY'RE ALLOWED TO EXIST. 19:15:07 IS THAT TRUE? OKAY. 19:15:11 SO MY QUESTION IS, I GUESS IT'S IN TWO PARTS. 19:15:20 ONE, IS THERE NO GRANDFATHER CLAUSE OR ANY CPU WHICH CAN GIVE THE SCHOOL IN 19:15:22 ORDER TO LET THEM CONTINUE TO OPERATE AS THEY ARE? 19:15:30 THE FACT THAT THEY ARE ALREADY ON SITE? 19:15:35 >> NO, WHAT IT IS, THE SITE IS CURRENTLY OWNED BY ALAMEDA COUNTY 19:15:39 OFFICE OF EDUCATION, WHICH IS A PUBLIC ENTITY, AND THE SITE IS -- THEREFORE, 19:15:44 THE SITE IS DESIGNATED AS PUBLIC FACILITIES, BUT SINCE THE SCHOOL 19:15:52 INTENDS TO SELL THE PROPERTY TO PRIVATE OWNERS, PUBLIC FACILITY IS NOT AN 19:15:55 APPROPRIATE DESIGNATION ANYMORE, IT HAS TO BE CHANGED TO ANOTHER DESIGNATION 19:15:57 TO BE CONSISTENT WITH PRIVATE OWNERSHIP. 19:16:01 SO IN TERMS OF GRANDFATHERING IN, I GUESS THE ANSWER IS NO, THERE'S NO WAY 19:16:07 THAT WE ALLOW IT WITH OTHER GRANDFATHER IN CLAUSE IN THE ZONING CODE OR THE 19:16:12 GENERAL PLAN. >> Chair McDonald: AND THERE'S NO 19:16:15 CONDITIONAL USE PERMIT WE CAN GIVE THEM TO TEMPORARILY ALLOW THIS TO OCCUR ON 19:16:20 SITE? >> SO THE ONLY WAY TO ALLOW THEM TO 19:16:26 OPERATE, TO KEEP OPERATING LIKE THAT IS TO FORM A PARTNERSHIP BETWEEN THEM AND 19:16:29 THE SCHOOL DISTRICT AS A PUBLIC-PRIVATE PARTNERSHIP AND WE 19:16:33 WOULD GRANT THEM SUCH A USE UNDER CONDITIONAL USE PERMIT, BUT THAT WOULD 19:16:37 BE A DECISION BASED FOR THE SCHOOL DISTRICT TO DECIDE IF THEY WANT TO 19:16:43 KEEP THE OWNERSHIP OF THE SITE AND WANT TO FORM A PARTNERSHIP WITH THE 19:16:48 APPLICANT. >> Chair McDonald: I'M SORRY, I'M A 19:16:52 LITTLE CONFUSED. SO THE SITE IS ACTUALLY OWNED BY 19:16:56 ALAMEDA COUNTY OR FUSD? I'M NOT SURE WHO OWNS THE SITE. 19:16:58 >> Planner Pullen: CAN I JUMP IN HERE, HANG? 19:17:04 I JUST WANT TO BE -- I WANT TO STEP BACK A LITTLE BIT AND EXPLAIN WHERE 19:17:06 WE'RE COMING FROM. TO ANSWER YOUR FOLLOW-UP QUESTION, 19:17:10 IT'S OWNED BY THE ALAMEDA COUNTY OFFICE OF EDUCATION AS OPPOSED TO FREMONT 19:17:14 UNIFIED. ALAMEDA COUNTY IS SORT OF THE UMBRELLA 19:17:16 SCHOOL ORGANIZATION FOR ALAMEDA COUNTY. 19:17:21 THEY HAVE A SUPERINTENDENT AND BOARD, BUT THEY'RE SEPARATE FROM FUSD. 19:17:28 BUT I'LL TAKE YOU BACK FOR THE 2011 GENERAL PLAN, LIKE HANG WAS 19:17:31 MENTIONING, YOU KNOW, THESE SITES -- IN HER PRESENTATION. 19:17:36 THESE SITES, FOR FREMONT UNIFIED, FOR AC OFFICE OF EDUCATION, FOR OTHER 19:17:42 PUBLIC ENTITIES OFTEN HAD A LAND USE DESIGNATION THAT HAD BEEN THERE FOR 19:17:47 SOME TIME, BUT DIDN'T NECESSARILY REFLECT THE VISION THE CITY HAD FOR 19:17:51 THE AREA WHICH WAS EVOLVING AS WE BECAME MORE SORT OF STRATEGICALLY 19:17:57 URBAN. SO WE PURPOSELY TOOK THOSE SITES AND 19:18:00 PUT THE PUBLIC FACILITY DESIGNATION SO THE CITY WOULD HAVE THE PURVIEW TO 19:18:03 DETERMINE WHAT THE FUTURE USE OF THAT SITE WOULD BE, SHOULD IT EVER STOP 19:18:10 BEING A PUBLICLY OWNED SITE. SO THAT WAS AN INTENTIONAL DECISION WE 19:18:13 MADE SO THAT WE WOULD HAVE THE LAND USE CONTROL OF THE SITE AFTER THAT, SO 19:18:18 THIS IS AN EXAMPLE OF THAT HAPPENING WHERE THE SCHOOL OFFICE OF EDUCATION, 19:18:21 ALAMEDA COUNTY SCHOOL DISTRICT, IS SELLING THE SITE AND SO SINCE IT'S 19:18:26 GOING FROM PUBLIC OWNERSHIP TO PRIVATE OWNERSHIP, THAT CREATES THE NEED TO 19:18:29 MAKE A DECISION ABOUT WHAT THE USE OF THE SITE WOULD BE. 19:18:37 NOW, OUR POLICY, THE SCREENING POLICY SORT OF OVERLAYS THAT AND SAYS, WELL, 19:18:41 IF IT'S GOING TO GO TO ANYTHING THAT WOULD ALLOW RESIDENTIAL USES WITH SOME 19:18:46 SMALL EXCEPTIONS, THEN WE HAVE TO DO THE SCREENING POLICY IN ADDITION TO A 19:18:53 GENERAL PLAN AMENDMENT NORMAL PROCESS. SO WHEN WE SET UP THE GENERAL PLAN 19:18:58 DESIGNATION OF PUBLIC FACILITY, WE ALSO REALIZED THAT PUBLIC ENTITIES MAY WANT 19:19:04 TO HAVE A SITE THAT HAD -- THAT WAS INITIALLY BUILT MAYBE FOR A SCHOOL OR 19:19:09 MAYBE INITIALLY BUILT FOR A PUBLIC FACILITY OF SOME KIND BE USED WHILE IT 19:19:14 WASN'T NECESSARY FOR THEIR AGENCY'S PURPOSE BY ANOTHER ENTITY, SUCH AS A 19:19:19 GOOD EXAMPLE IS FREMONT UNIFIED LEASING ONE OF THEIR SCHOOL SITE TO A PRIVATE 19:19:22 SCHOOL. IF THEY DO THAT, THEN THAT REQUIRES A 19:19:28 USE PERMIT, WHICH WE DID IN THE CASE OF THE PREVIOUS SCHOOL, THE SENECA CENTER 19:19:32 WHEN THEY CAME THROUGH AND PROPOSED THAT PRIVATE USE, AND SO LONG AS THE 19:19:39 PUBLIC ENTITY OWNS IT, THE CITY IS FINE WITH AND HAS A PROCESS FOR REVIEWING A 19:19:44 LEASED PRIVATE FACILITY IN THAT LOCATION, AND THEN THE PUBLIC FACILITY 19:19:49 MAY CHOOSE TO UNWIND THAT APPROVAL AND GO BACK TO USING IT FOR SOME PUBLIC 19:19:51 PURPOSE. AND THAT'S OKAY TOO, THAT'S PART OF 19:19:56 THEIR MISSION. BUT THE PUBLIC FACILITY DESIGNATION AT 19:20:00 ITS FACE IS MEANT FOR A PUBLIC ENTITY, AND IF THAT PUBLIC ENTITY CEASES TO 19:20:05 OWN IT AND NEEDS TO GO TO SOMETHING THAT WE PLANNED FOR IN THE LONG TERM 19:20:07 WHICH IS A DIFFERENT GENERAL PLAN DESIGNATION. 19:20:13 I HOPE THAT HELPS A LITTLE BIT FOR BACKGROUND. 19:20:15 >> Chair McDonald: I HOPE SO. IT ALSO RAISES ONE MORE QUESTION FOR 19:20:17 ME. SO SAY THEY DON'T GET THE GENERAL PLAN 19:20:26 AMENDMENT CHANGE AND WE DON'T APPROVE THE -- IF THE ZONING DOESN'T CHANGE, 19:20:29 WHAT HAPPENS? DOES THAT MEAN THAT THE CITY -- OR THE 19:20:33 COUNTY CAN'T SELL THE PROPERTY TO A PRIVATE OWNER OR WHAT HAPPENS? 19:20:37 WHAT DOES THAT MEAN? >> Planner Pullen: WELL, I THINK THAT 19:20:40 THERE ARE A VARIETY OF POSSIBLE DESIGNATIONS. 19:20:44 SOME OF THEM INCLUDE HOUSING, SOME OF THEM INCLUDE OTHER DESIGNATIONS AND I 19:20:53 THINK THAT WE HAVEN'T HAD A PUBLIC FACILITY BE SOLD, I DON'T THINK, AND 19:20:59 GONE THROUGH THIS PROCESS, THIS SCREENING PROCESS, SO THIS IS THE 19:21:04 FIRST CASE FOR THAT. BUT I THINK THAT, YOU KNOW, THERE ARE 19:21:07 SOME DESIGNATIONS THAT WOULD BE FEASIBLE TO SUBMIT THE GENERAL PLAN 19:21:11 AMENDMENT PROCESS JUST OUTRIGHT IF THEY DIDN'T INCLUDE HOUSING. 19:21:17 THE HOUSING WOULDN'T REQUIRE THIS FIRST PROCESS. 19:21:20 >> Chair McDonald: I GUESS MY QUESTION HERE IS THAT IN PREVIOUS SESSIONS 19:21:26 WE'VE HAD, YOU'VE SHOWN SERIOUS CONCERN ABOUT ZONING ONE LOT OFF AT A TIME, OR 19:21:28 MAKING GENERAL PLAN AMENDMENTS LOT BY LOT. 19:21:36 I REMEMBER SPECIFICALLY WHEN WE LOOKED AT THE LOT ON FREMONT BOULEVARD WHERE 19:21:44 THE CONDOMINIUM COMPLEX -- I THINK IT WAS 13 UNITS, WAS LOOKING THAT IT HAD 19:21:47 TO BE A PARTICULAR WAY AND I REMEMBER AT THAT POINT THE COUNCIL ACTUALLY OR 19:21:54 THE COMMISSION WANTED TO INCREASE THE DENSITY BECAUSE IT WAS IN THE TOD 19:21:58 OVERLAY OR SOMETHING AND WE WERE LOOKING FOR A LITTLE BIT HIGHER 19:22:03 DENSITY AND WE DIDN'T WANT TO CHANGE THE ZONING ON THAT ONE LOT. 19:22:09 AND I REMEMBER ALSO THIS HAPPENING ONE OTHER TIME AND I'M SORRY, I CAN'T 19:22:13 REMEMBER THE NAME OF THE PROPERTY, BUT I KNOW THAT CHANGING THE ZONING ON A 19:22:19 SINGLE LOT HAS COME UP MULTIPLE TIMES AND THEN DISCOURAGED. 19:22:26 SO THIS ONE TIME, I'M WONDERING WHY WE ARE LOOKING TO -- ESPECIALLY ADD URBAN 19:22:33 DENSITY TO THIS LOT THAT'S NEVER HAD HOUSING ON IT BEFORE. 19:22:37 >> Planner Pullen: SO THE GENERAL PLAN AMENDMENT PROCESS EXISTS AFTER YOU DO 19:22:42 THE COMPREHENSIVE UPDATE THAT WE DID IN 2011, OR A HOUSING ELEMENT UPDATE. 19:22:49 THE GENERAL PLAN PROCESS ALLOWS AMENDMENTS ON A ONE-OFF BASIS, AND 19:22:53 THERE ARE REASONS SOMETIMES TO DO A PARTICULAR SITE AS OPPOSED TO A 19:22:57 BROADER SITE. THE DETAILS OF ANY ONE GENERAL PLAN 19:23:04 AMENDMENT IS GOING TO BE -- ARE GOING TO BE FLESHED OUT WITH THAT 19:23:07 APPLICATION, SUCH AS THE APPROPRIATENESS TO YOUR POINT OF ITS 19:23:11 SURROUNDINGS AND THE DESIGNATION BEING CHOSEN. 19:23:16 THE TASK BEFORE THE COMMISSION TONIGHT IS REALLY TO LOOK AT THAT SCREENING 19:23:24 PROCESS WHICH HAS SIX BULLETS AND OTHER -- AND THESE ARE AMONG THE THINGS YOU 19:23:32 CAN CONSIDER, THAT GIVEN THOSE POINTS, FOR YOU TO DECIDE WHETHER YOU THINK 19:23:37 YOU'D BE INTERESTED IN A GENERAL PLAN AMENDMENT PROCESS OR WHETHER YOU DON'T 19:23:45 THINK IT SHOULD GO FORWARD. AND YOU CAN MAKE THAT DECISION BASED 19:23:52 ON THE MERITS -- THERE IS A LOT OF STUFF WE COULD DELVE INTO, THE 19:23:53 APPROPRIATENESS OF A SCHOOL, FUTURE USE PERMIT. 19:23:57 THAT'S ALL FOR LATER. THE ENVIRONMENTAL REVIEW, TECHNICAL 19:23:59 REVIEW. IT'S A GUT CHECK AT THIS LEVEL. 19:24:04 DO WE WANT THEM TO PROCEED OR DO WE WANT TO SAY NO, WE'RE NOT INTERESTED. 19:24:08 YOU AND THE COUNCIL AFTER YOU. >> Chair McDonald: OKAY. 19:24:17 AND JUST TO CONFIRM, SO BEHIND THEM IS THE POST OFFICE, AND TO THEIR DUE -- 19:24:20 IS IT WEST, IS THE CHURCH PROPERTY, I'M NOT SURE. 19:24:24 AND THEN THE CEMETERY. SO PRETTY MUCH EVERYTHING AROUND THEM 19:24:32 IS ONE STORY AT THIS POINT IN TIME. AND THOSE -- 19:24:35 >> Planner Pullen: YEAH, SORRY -- >> Chair McDonald: THE POST OFFICE IS 19:24:39 ANOTHER PUBLIC PROPERTY OR PUBLIC FACILITY, AND THE OTHER ZONES I SEE 19:24:42 AROUND THERE, I'M NOT SURE -- I DON'T THINK THE CEMETERY HAS THAT KIND OF 19:24:47 ZONING, BUT THE CHURCH NEXT DOOR IS MEDIUM DENSITY AND PRETTY MUCH 19:24:50 EVERYTHING I SEE AROUND THE CHURCH IS MEDIUM DENSITY RESIDENTIAL, RIGHT? 19:24:56 >> Planner Pullen: SO THERE WAS A SLIDE IN HANG'S PRESENTATION BUT OPEN SPACE 19:25:01 IS THE CEMETERY, THE CHURCH IS MEDIUM DENSITY RESIDENTIAL, THIS IS PROPOSED 19:25:06 FOR URBAN AND THEN IT COMMERCIAL WITH A PLANNED DISTRICT ALONG THE BAY STREET 19:25:09 FRONTAGE. I'D CALL THE CHURCH PROBABLY FREMONT 19:25:16 SOUTH, MAYBE SOUTHEAST. SO YEAH, THERE'S SOME VARIOUS 19:25:21 DENSITIES BUT AGAIN, WE WOULD GET INTO ALL THOSE ADJACENCIES AND RELATIVE 19:25:25 INTENSITIES ALONG WITH THE GENERAL PLAN AMENDMENT PROCESS, SHOULD YOU BE 19:25:30 INTERESTED AT A GUT LEVEL IN PROCEEDING. 19:25:33 HANG, IS THERE ANY MORE YOU WANT TO SAY ABOUT THE SETTING? 19:25:39 >> NO, I DO WANT TO MENTION THAT YOU'RE RIGHT THAT THE MAJORITY OF THE 19:25:44 SURROUNDING USES ARE MEDIUM DENSITY RESIDENTIAL, EXCEPT THERE IS ONE SITE 19:25:48 TO THE SOUTH THAT IS URBAN RESIDENTIAL. 19:25:53 I'M NOT SURE ABOUT THE HISTORY OF THAT, BUT THAT IS FURTHER DOWN TO THE 19:25:58 SOUTH. SO THAT'S THE ONLY SPOT IN THIS AREA 19:26:00 THAT HAD AN URBAN RESIDENTIAL DESIGNATION. 19:26:04 >> Chair McDonald: AND THE CHURCH SITE, I MEAN, GRANTED IT IS DESIGNATED 19:26:09 MEDIUM DENSITY RESIDENTIAL, BUT THE CHURCH HAS NO INTENTIONS OF SELLING 19:26:15 AND TURNING IT INTO OTHER THAN CHURCH. IT BEEN CHURCH FOR OVER A HUNDRED 19:26:19 YEARS ACTUALLY, THAT SITE. AND AS FAR AS I KNOW FROM MY 19:26:23 INTERACTIONS WITH THE CHURCH, THEY HAVE NO PROVISIONS OF SELLING THAT 19:26:25 PROPERTY. SO IT'S GOING TO BE ONE STORY CHURCH 19:26:35 ON A VERY SPARSELY POPULATED LOT. I'M JUST WONDERING, WHO CAME UP WITH 19:26:43 OR WHY ARE WE GOING WITH 3070 URBAN DENSITY AS OPPOSED TO GOING MEDIUM 19:26:49 DENSITY? >> Chair Yee: COMMISSIONER MCDONALD, 19:26:52 MAYBE WHEN WE GET TO THE APPLICANT, BECAUSE MAYBE THAT QUESTION IS BETTER 19:26:57 FOR THE APPLICANT TO ANSWER BECAUSE I THINK THEY'RE THE ONES WHO PROBABLY 19:26:59 DECIDED WHAT THEY WANTED TO GO -- WHAT ROUTE. 19:27:06 >> Chair McDonald: SO IT'S THE APPLICANT THAT CHOSE THE DENSITY? 19:27:10 >> Chair Yee: I'M JUST WONDERING, IS THAT TRUE, JOEL? 19:27:14 >> YES. 19:27:16 >> Chair Yee: THAT'S WHAT I THOUGHT. SO MAYBE WHAT WE SHOULD DO IS GO TO 19:27:20 THE APPLICANT, BECAUSE THEY GET -- THEY HAVE UP TO 10 MINUTES TO BE ABLE TO 19:27:23 PRESENT THEIR INFORMATION SO WE HAVE A BETTER UNDERSTANDING OF THEIR THOUGHT 19:27:30 PROCESS OF HOW THEY CAME UP WITH THEIR PLAN TO PRESENT TO US TONIGHT. 19:27:35 SO I KNOW I SEE A NUMBER OF PEOPLE FOR THIS APPLICANT, SO WHO IS GOING TO BE 19:27:41 THE SPEAKER, AND YOU GET 10 MINUTES. >> Commissioner Daulton: CHAIR, I HAVE 19:27:43 SOME QUESTIONS. I HAVE QUESTIONS FOR STAFF. 19:27:45 MY HAND IS UP HERE. DO YOU SEE THAT? 19:27:50 CAN YOU SEE MY RAISED HAND HERE? >> Chair Yee: OH, YOU KNOW, THERE'S SO 19:27:53 MANY SCREENS GOING ON HERE. YOU'RE ON THE OTHER SCREEN. 19:27:55 SORRY. THAT'S WHY I DIDN'T SEE YOU. 19:27:59 >> Commissioner Daulton: OKAY. >> Chair Yee: LET ME GET YOUR QUESTION 19:28:01 IN THERE BEFORE WE MOVE ON. >> Commissioner Daulton: THANK YOU, 19:28:06 CHAIR. THIS IS FOR HANG ZHOU. 19:28:12 SO THIS IS SORT OF IN LINE WITH WHAT KATHY WAS ASKING. 19:28:19 SO ARE THERE OTHER ZONINGS BESIDES PUBLIC FACILITY OR URBAN RESIDENTIAL 19:28:29 THAT WOULD ALLOW THE SCHOOLS TO STILL GO ON OR TO BE DEVELOPED WITH A CUP? 19:28:35 >> ANSWER IS YES. SO BY BRIEF RESEARCH, I KNOW THAT 19:28:40 SCHOOLS ARE ALLOWED UNDER A CUP IN THE COMMERCIAL OFFICE, COMMERCIAL 19:28:43 NEIGHBORHOOD, COMMERCIAL GENERAL, AND TOWN CENTER TRANSIT AREAS. 19:28:52 AND THOSE ARE ALL ALLOWING PRIVATE SCHOOLS, SECONDARY SCHOOLS UNDER A 19:28:52 CUP. >> Commissioner Daulton: I SEE. 19:28:57 SO THEY COULD HAVE SELECTED ANY ONE OF HALF A DOZEN DIFFERENT DESIGNATIONS? 19:29:02 >> RIGHT. BUT THOSE USES WOULD NOT ALLOW 19:29:08 RESIDENTIAL USES BY RIGHT AS WHAT THEY'RE PROPOSING RIGHT NOW. 19:29:12 SO IF THEY CHOOSE ANY OF THESE COMMERCIAL USES, RESIDENTIAL USES 19:29:15 COULD ONLY BE ALLOWED AS PART OF A MIXED USE PROJECT. 19:29:21 WITH CONDITIONAL USE PERMIT MOSTLY. 19:29:24 >> Commissioner Daulton: SO A MEDIUM DENSITY ZONING WOULD NOT HAVE DONE 19:29:26 THAT? >> ACTUALLY MEDIUM DENSITY RESIDENTIAL 19:29:28 WOULD DO THE SAME AS URBAN RESIDENTIAL. 19:29:33 I'M TALKING ABOUT THE -- IF THEY CHOOSE ANY OF THE COMMERCIAL USES, COMMERCIAL 19:29:34 DESIGNATIONS. >> Commissioner Daulton: I SEE. 19:29:38 BUT THERE ARE OTHER RESIDENTIAL LEVELS THAT THEY COULD HAVE CHOSEN? 19:29:41 >> YES, YES. >> Commissioner Daulton: OKAY. 19:29:48 AND DOES STAFF HAVE ANY KIND OF POLICY DIRECTING THE ZONING OF SITES WHICH 19:29:58 ARE SEEMINGLY BISECTED BY THE TOD LIKE THIS ONE IS? 19:30:01 >> NO, WE DON'T AT THIS POINT. >> Commissioner Daulton: OKAY. 19:30:03 THAT'S ALL. THANK YOU. 19:30:09 >> I SHOULD ADD IT IS WITHIN THE TOD AREA FOR IRVINGTON. 19:30:12 I APOLOGIZE FOR THE MASK, I'M IN THE OFFICE, IT'S OUR POLICY. 19:30:16 BUT IT IS WITHIN THE IRVINGTON BART TOD, SO IF THEY WENT WITH URBAN 19:30:21 RESIDENTIAL, THAT BRINGS IT UP FROM 30 UNITS PER ACRE TO 50 IS THE MINIMUM. 19:30:26 >> Commissioner Daulton: BUT IT'S MY IMPRESSION THAT THAT SITE IS SORT OF 19:30:29 HALF IN AND HALF OUT. IS THAT THE CASE? 19:30:33 >> MR. ROTH: YEAH, I THINK A LITTLE BIT MORE THAN HALF, BUT IT IS WITHIN 19:30:36 THE URBAN -- OR SORRY -- WITHIN THE TOD AREA. 19:30:39 >> Commissioner Daulton: THAT'S WHY I WAS ASKING, IS THERE A POLICY 19:30:44 REGARDING A SITE THAT IS BISECTED BY THE TOD AREA? 19:30:50 >> MR. ROTH: I DON'T KNOW THAT WE'VE GOT A WRITTEN POLICY, BUT I THINK THE 19:30:54 MAJORITY OF IT IS WITHIN THE TOD AND I THINK IF IT FITS WITHIN THE CHARACTER 19:30:56 OF TOD, THEN YOU'D PUT IT WITHIN THAT. 19:31:01 IT'S NOT ONE OF THOSE SITUATIONS WHERE, YOU KNOW, IN TERMS OF WALKING 19:31:04 DISTANCE, IT WOULD BE OUT OF CHARACTER TO CONSIDER IT WITHIN THE TOD. 19:31:08 IT'S RIGHT THERE NEAR BAY STREET, WHICH IS CERTAINLY AN AREA THAT WE'D 19:31:11 CONSIDER TO BE WITHIN THE TOD. >> Commissioner Daulton: OKAY. 19:31:13 THANK YOU. >> Chair Yee: ALL RIGHT. 19:31:20 >> Planner Pullen: COMMISSIONER DAULTON, SORRY ABOUT THAT, CHAIR YEE. 19:31:24 I WAS TRYING TO APPEND TO HANG'S ANSWER A LITTLE EARLIER AND I DIDN'T REALIZE 19:31:28 I WAS ON MUTE ON ONE OF MY SCREENS HERE. 19:31:34 SO JUST TO CLARIFY AGAIN, THIS IS -- THIS IS SUPPOSED TO BE A PROCESS WHERE 19:31:38 WE DON'T DO ANALYSIS, BUT WE TREAD THE LINE A LITTLE BIT WHEN IT COMES TO, 19:31:43 FOR EXAMPLE, THE APPLICANT STATING, YOU KNOW, WHAT THEIR DESIRE IS. 19:31:49 I THINK THAT THE WAY THEY ARRIVED AT THE URBAN RESIDENTIAL INCLUDED SOME 19:31:54 DISCUSSION EARLY ON ABOUT SOME LAND USE CATEGORIES THAT WERE INCOMPATIBLE. 19:32:01 YOU KNOW, SO FOR EXAMPLE, WITHIN THE RING OF THE TOD, THERE ARE SOME TYPES 19:32:05 OF COMMERCIAL THAT WOULDN'T BE APPROPRIATE BASED ON OTHER LAND USE 19:32:11 POLICIES AND SO WHILE WE WANT TO PACKAGE THE INFORMATION FOR YOU AND 19:32:16 GIVE TO YOU, WE HAVE TO GIVE YOU A LITTLE BIT OF KIND OF, YOU KNOW, 19:32:19 INFORMATION ON THE EDGES JUST TO SORT OF GUIDE WHERE THE CONVERSATION COULD 19:32:24 POSSIBLY GO. IF THEY WANTED TO MAKE THIS REGIONAL 19:32:28 COMMERCIAL, FOR EXAMPLE, THERE WOULD BE NO WAY TO DO THAT IN A TOWN CENTER, 19:32:30 RIGHT? IT DOESN'T MEET THE STANDARD. 19:32:35 SO JUST TO BE CLEAR, THERE WAS A DISCUSSION BEFOREHAND AND THE DESIRE 19:32:39 WAS TO ALLOW RESIDENTIAL AND TO ALLOW THE SCHOOLS AND THAT'S WHERE WE GOT. 19:32:45 >> Commissioner Daulton: THANK YOU, JOEL. 19:32:47 >> Chair Yee: ALL RIGHT. SO I'D LIKE TO BE ABLE TO HAVE THE 19:32:50 APPLICANT TO BE ABLE TO DO THEIR PRESENTATION. 19:32:54 FOR 10 MINUTES. THEN WE'LL BE ABLE TO ASK THEM 19:33:01 QUESTIONS. SO WHO IS THE APPLICANT THAT'S GOING 19:33:20 TO DO THE SPEAKING? >> Planner Pullen: CHAIR, I BELIEVE 19:33:35 THAT SALIM AND AMIN ARE HERE FROM THE APPLICANT TEAM. 19:33:37 >> Chair Yee: YOU'VE GOT 10 MINUTES TO DO YOUR PRESENTATION. 19:33:43 >> CHAIR YEE, THIS IS AMIN, THE CONSULTANT. 19:33:47 ACTUALLY AKBER IS GOING TO PRESENT. HE WAS ACTUALLY TALKING BUT I COULDN'T 19:33:50 HEAR HIM. SO AKBER, COULD YOU TRY TO ADJUST YOUR 19:33:58 MIC, SEE IF YOU CAN CONNECT? >> HE HAS THE PRESENTATION ON THE 19:34:03 SCREEN. >> RIGHT, RIGHT, BUT AKBAR WAS GOING 19:34:06 TO SPEAK TO IT, AND I'M NOT HEARING HIS VOICE. 19:34:13 I KNOW HE'S ON. >> Chair Yee: MARIA, TRISH, ARE WE 19:34:22 ABLE TO GET THE PERSON CONNECTED? >> THE PERSON'S NAME? 19:34:29 >> AKBER, A, K, B, E, R. >> HE THAT'S NOT MUTED. 19:34:35 >> I'M LOOKING AT IT ALSO, CHAIR YEE. HE'S NOT MUTED, HE HAS THE ABILITY TO 19:34:36 SPEAK. >> OKAY. 19:34:38 WHILE YOU'RE CONNECTING HIM, I WILL TAKE THE MIC. 19:34:41 THIS IS SALIM. HI, LADIES AND GENTLEMEN. 19:34:44 HOW ARE YOU? CAN YOU HEAR ME? 19:34:45 >> Chair Yee: YES. >> OKAY. 19:34:51 WONDERFUL. I'VE BEEN LIVING IN FREMONT FOR 43 19:34:57 YEARS, AND WE HAVE ABOUT 500 MEMBERS OF MY FAMILY LIVING HERE AND ABOUT -- 19:35:05 I'VE BEEN INVOLVED WITH TWO SCHOOLS, ONE ON ELBRAY AND ONE ON LOWRY. 19:35:09 WE HAVE ABOUT 500 KIDS GOING FROM KINDERGARTEN TO 8 AND THEN WE HAVE A 19:35:17 HIGH SCHOOL WHICH LOST ITS LEASE AND ARE NOW TAKING TEMPORARY FACILITY IN 19:35:20 OHLONE COLLEGE. WHEN THIS PROPERTY CAME UP ON THE 19:35:27 MARKET, WE WANTED TO GET IT AND AS A MATTER OF FACT, WE WILL BE REQUESTING 19:35:32 THE CITY COUNCIL TO GIVE US AN EMERGENCY CONDITIONAL USE PERMIT SO 19:35:37 THAT WE CAN START OUR HIGH SCHOOL, WHICH IS RIGHT NOW IN OHLONE COLLEGE 19:35:41 ON A TEMPORARY BASIS TO START THE SCHOOL. 19:35:49 WE HAVE THE TWO SCHOOLS WITH 500 KIDS FROM KINDERGARTEN THROUGH 8 NEED A 19:35:51 HIGH SCHOOL. THERE ARE TWO SCHOOLS ON CHAPEL WAY. 19:36:00 ONE IS HORNER AND ONE IS HIRSCH, AND THIS IS THE SAME ROAD THAT THE SCHOOL 19:36:03 IS. THIS BUILDING WAS A SCHOOL BUILDING, 19:36:11 IT IS A READY TO USE SCHOOL BUILDING. I DON'T KNOW WHY HOUSING AND ALL OF 19:36:16 THAT IS BECOMING THE TECHNICAL ISSUE FOR THIS. 19:36:22 PEOPLE ARE MOVING OUT OF FREMONT, GOING TO PLEASANTON, DUBLIN AND ALL OF THAT 19:36:26 BECAUSE THERE'S A SHORTAGE OF SCHOOL. S IN FREMONT. 19:36:30 THERE IS A SHORTAGE OF QUALITY SCHOOLS IN FREMONT. 19:36:37 OUR KIDS IN OUR COMMUNITY, WE HAVE NEARLY 800 KIDS GOING THROUGH OUR 19:36:44 SCHOOL SYSTEMS. THIS PROPERTY CAN BE -- THE COUNTY HAS 19:36:49 THE SURPLUS, THEY WANT TO SELL. WE WANT TO BUY, WE ARE PROPOSING TO 19:37:00 PUT UP A SCHOOL STARTING FIRST WEEK OF SEPTEMBER, WE TESTED WITH THE AIE 19:37:01 CONSULTING ENGINEERS, ALONG WITH THE SCHOOLS. 19:37:08 WE NEED THE PLACE SO THAT WE CAN TAKE CARE OF THE HOMELESS PEOPLE OF 19:37:11 FREMONT. THERE'S 606 PEOPLE WE HAVE BEEN 19:37:15 SUPPLYING OUR FOOD TO THEM EVERY DAY, THE CHURCH NEXT TO US, WE HAVE BEEN 19:37:22 TENANTS, WE HAVE ISLAMIC CENTER ON IRVINGTON, AND WE HAVE BEEN TENANTS OF 19:37:30 THE CHURCH FOR 23 YEARS. ALL OF THESE THINGS, PLUS TEACHERS 19:37:38 THAT ARE GOING OUT TO TRACY, STOCKTON, AWAY BECAUSE OF THE HIGH COST OF 19:37:43 HOUSING, SO WE WANT TO DO THREE SCHOOLS HERE, WE WANT TO HAVE A KITCHEN AND A 19:37:48 PLACE WHERE WE CAN -- RIGHT NOW WITH THE FOOD THAT WE ARE BUYING, IT COSTS 19:37:53 US A LOT OF MONEY. WE ARE SUPPLYING FOOD TO THE ISLANDER 19:37:58 MOTEL, THEN THE MOTEL ON MISSION BOULEVARD, AND A LOT OF HOMELESS 19:38:00 PEOPLE OUT THERE. WE DON'T TAKE MONEY FROM THE COUNTY, 19:38:13 THE CITY OR ANYBODY. SO WE HAVE ALL PEOPLE, WE HAVE PEOPLE 19:38:17 WITH LESS INCOMES, SO THESE ARE THE THINGS THAT WE ARE PLANNING TO DO 19:38:23 HERE. AND THIS -- DISTRICT OR THIS 19:38:28 DEVELOPMENT, ALL OF THAT IS IMPORTANT. IT IS VERY IMPORTANT BUT THE STEP ONE 19:38:35 IS TO GET A GENERAL PLAN A AMENDMENT. THIS PROPERTY WAS OWNED BY ALAMEDA 19:38:36 COUNTY. THEY WANTED TO SELL IT AND WE WANT TO 19:38:40 BUY IT. AND THESE ARE THE REASONS, OLD PEOPLE 19:38:47 HOME, RETIRED, THREE SCHOOLS, FEEDING THE HOMELESS, WORKING WITH THE CHURCH 19:38:51 NEXT DOOR. WE HAVE BEEN PARKING IN THE CHURCH FOR 19:38:56 23 YEARS. WE HAVE A SMALL MOSQUE RIGHT ACROSS 19:39:02 JACK-IN-THE-BOX NEXT TO STARBUCKS. SO WITH ALL OF THESE THINGS GOING ON, 19:39:09 WE WANT YOU PEOPLE TO UNDERSTAND THAT WHAT IS IMPORTANT FOR THE COMMUNITY IS 19:39:17 MORE SCHOOLS, PEOPLE WHO HAVE A RECORD OF DOING THINGS FOR THE COMMUNITY, 19:39:25 PEOPLE WHO HAVE BEEN INVOLVED, I MEAN, I'M JUST GOING TO GO OF OFF -- ON THE 19:39:30 50TH ANNIVERSARY OF FREMONT, I WAS DIRECTLY RESPONSIBLE TO RAISE THE 19:39:37 MONEY FOR THAT EVENT WITH BOB WASSERMAN AND SUE CHAN, EVERYBODY. 19:39:41 SO IF IT WOULD NOT BE THIS IMPORTANT FOR OUR COMMUNITY, AND I DON'T MEAN 19:39:47 JUST MY COMMUNITY, THE WHOLE OF FREMONT COMMUNITY, WE NEED TO HAVE MORE 19:39:55 SCHOOLS, LOW INCOME HOUSING, WE NEED TO HAVE PEOPLE WHO WILL TAKE CARE OF OUR 19:40:00 606 HOMELESS PEOPLE THAT ARE THERE. I MEAN, IF YOU GO ON YOUTUBE OR 19:40:03 FACEBOOK, TYPE MY NAME, YOU WILL SEE WHAT PEOPLE ARE GOING THROUGH. 19:40:10 THIS IS THE REASON WE CAME UP WITH THIS PLAN TO HAVE THIS PLACE WHERE WE CAN 19:40:19 DO ALL OF THESE THINGS. IF AKBER IS HERE, HE CAN TELL YOU 19:40:21 ABOUT OUR BACKGROUND -- I GUESS HE'S NOT THERE. 19:40:28 SO ALL THE CITY PLANNING DEPARTMENT, THE CITY COUNCIL, THE FIRE DEPARTMENT, 19:40:32 POLICE DEPARTMENT, EVEN WITH THE PARADISE FIRE, WE HAVE BEEN WORKING 19:40:41 WITH THEM FOR OVER THE YEARS. SO IT IS NOT JUST SOME DEPARTMENT OR 19:40:46 THIS, IT IS OUR WHOLE COMMUNITY THAT IS INVOLVED IN THIS PROJECT, AND THAT IS 19:40:54 WHAT WE WANT TO MAKE IT, THAT ANYBODY WHO NEEDS A HOUSE OR NEEDS FOOD, A HOT 19:40:58 PLATE, OR THE KIDS NEED TO GO TO SCHOOL, WE HAVE NOT TAKEN 1 DOLLAR 19:41:04 FROM ANY GOVERNMENT AGENCY FOR THE LAST 45 YEARS THAT I'VE BEEN HERE. 19:41:11 SO IF YOU HAVE ANY QUESTIONS, PLEASE GO AHEAD AND YOU CAN ASK, IF ANYBODY ELSE 19:41:14 WANTS TO SPEAK, I WILL JUST KEEP QUIET NOW. 19:41:22 >> I WAS WONDERING IF HE COULD SPEAK -- 19:41:26 >> Chair Yee: YOU STILL HAVE SOME TIME, YES, ABOUT 3 MINUTES 15 SECONDS. 19:41:36 >> THANK YOU, COMMISSIONER. >> GO AHEAD. 19:41:40 TELL THEM ABOUT THE SCHOOLS AND THE KIDS AND THE BOOKS THAT WE ARE 19:41:41 PUBLISHING THAT GOES TO ALL THE LIBRARIES. 19:41:43 GO AHEAD IF YOU'RE NOT ON THEN I WILL CONTINUE. 19:41:53 AND IF THE SCHOOL KIDS, OUR SCHOOL -- ONE OF OUR SCHOOL KIDS BECAME THE CITY 19:41:58 COUNCILMEMBER AT THE AGE OF 23 FOR SUNNYVALE CITY COUNCIL. 19:42:03 SO THIS IS -- AND THE KIDS THAT HAVE GRADUATED ARE GOING TO BERKELEY AND TO 19:42:13 MIT, TO UCLA, ALL THE TOP UNIVERSITIES OF OUR COUNTRY, AND THESE ARE PEOPLE 19:42:17 -- THESE ARE KIDS OF FREMONT. YOU SHOULD BE GLAD TO KNOW THIS, THAT 19:42:22 THE FREMONT SCHOOL PRODUCED A KID THAT BECAME A CITY COUNCILMEMBER AT THE AGE 19:42:29 OF 23, HIS NAME IS ALI. >> SALIM, I COULD MAYBE GIVE A LITTLE 19:42:36 BIT BRIEF INTERACTION TO SABA. SO SABA, COMMISSIONERS, SABA 19:42:42 ASSOCIATION, SHIA ASSOCIATION OF BAY AREA, SABA, HAS BEEN AROUND SINCE THE 19:42:47 70s, AND THEY'RE IN THE BAY AREA. THEY HAVE -- ALL RIGHT HAVE A LOCATION 19:42:50 IN SAN JOSÉ WHERE THEIR MAIN FACILITY IS. 19:42:54 AND THEY HAVE A LOT OF COMMUNITY MEMBERS WHO LIVE IN FREMONT. 19:42:59 AND THEY ARE ALREADY OPERATING A COUPLE OF SCHOOLS. 19:43:03 ONE OF THE SCHOOLS IS WHAT THEY WANT TO BRANCH OUT IN THIS AREA. 19:43:14 AND AGAIN, UNDER THEIR UMBRELLA, THEY DO HAVE NOT ONLY SCHOOLS BUT THE 19:43:17 COMMUNITY AND RELIGIOUS FACILITY AS WELL. 19:43:28 SO JUST A HIGH LEVEL ON THAT. AND I WOULD LIKE TO -- TRISH, THERE 19:43:32 WAS ANOTHER PRESENTATION THAT SAYS JUSTIFICATION, I COULD PROBABLY 19:43:35 QUICKLY GO OVER THAT AS WELL, IF WE HAVE A COUPLE OF MINUTES? 19:43:40 >> THERE'S NOT ENOUGH TIME NOW. YOUR TIME IS OVER. 19:43:44 >> OKAY. >> CAN YOU HEAR ME NOW? 19:43:47 >> YEAH, AKBER, WE CAN HEAR YOU. >> OKAY. 19:43:50 I'M SORRY. TECHNICAL DIFFICULTIES. 19:43:59 CAN WE START THE CLOCK? AGAIN? SHOULD I START? 19:44:03 >> MARIA, HIS TIME IS UP, CORRECT? >> YES. 19:44:06 >> Chair Yee: YEAH. SORRY ABOUT THAT. 19:44:15 LET'S SEE. SO I GUESS FOR THE COMMISSIONERS, DO 19:44:17 YOU HAVE ANY CLARIFYING QUESTIONS OF THE APPLICANT? 19:44:30 THERE'S SO MANY PEOPLE ON HERE, I CAN'T TELL -- IT MAY BE EASIER IF ANY OF THE 19:44:34 COMMISSIONER, THEY HAVE A QUESTION, JUST TO SAY YOUR NAME AND LET ME 19:44:37 KNOW. >> Commissioner Liu: YES, I DO. 19:44:40 >> Chair Yee: COMMISSIONER LIU? >> Commissioner Liu: I HAVE A QUESTION 19:44:44 FOR THE APPLICANT. SO GOING FORWARD IN THE FUTURE, IF YOU 19:44:52 ARE GOING TO KEEP OPERATING THE SCHOOL AND BUILD THE HIGH-DENSITY HOUSING, 19:44:56 AND CAN YOU GIVE US SOME IDEA OR PAINT A PICTURE AS TO HOW YOU'RE GOING TO 19:45:05 FIT IN 70 OR 140 UNITS ALONG WITH SCHOOLS ON THIS 2-ACRE SITE? 19:45:11 DOES IT MEAN THAT WE'RE GOING TO HAVE FIVE OR SIX STORY BUILDINGS THERE FOR 19:45:15 HOUSING? >> I WOULD LIKE TO ANSWER THIS 19:45:22 QUESTION, COMMISSIONER. THE ABODE IS AN ORGANIZATION THAT 19:45:25 MAKES LOW COST HOUSING, THEY ARE MAKING FOUR COMPLEXES IN FREMONT. 19:45:28 ONE OF THEM IS ON IRVINGTON AND FREMONT BOULEVARD. 19:45:34 THEY HAVE FOUR STORIES AND THE ONE BEHIND JACK-IN-THE-BOX, THEY ARE 19:45:43 MAKING 94 UNITS ON 1.1-ACRE OF LAND. THEY ARE ALL IN THE HIGH-DENSITY, ALL 19:45:49 OF THESE ARE FUNDED BY THE GOVERNMENT TO MAKE THESE HOUSING. 19:45:55 SO ALL OF THESE HOUSINGS ARE ALREADY BEING BUILT AS WE SPEAK OR HAVE 19:45:58 ALREADY BEEN BUILT. SO WE HAVE A 2-ACRE LOT. 19:46:04 WE WANT TO DO THE HOUSING FOR THE COMMUNITY PEOPLE SO THAT THEY BENEFIT 19:46:10 OUR SCHOOL SYSTEMS. SO IF YOU TAKE ONE ACRE OF LAND FOR 19:46:14 THE HOUSING AND ONE ACRE FOR THE SCHOOL, DEPENDING ON HOW BIG A SCHOOL 19:46:21 WE WANT, HOW MANY KIDS, THE EXAMPLE IS THERE IN FRONT OF YOU OF ABODE, WHICH 19:46:25 HAS BUILT FOUR COMPLEXES IN THE LAST THREE OR FOUR YEARS. 19:46:34 >> Commissioner Liu: SO IS YOUR PLAN TO HAVE BOTH THE SCHOOL AND HIGH-DENSITY 19:46:35 HOUSING AT THE SAME TIME IN THE FUTURE? 19:46:42 >> IT DEPENDS ON OUR GROWTH AND OUR REQUIREMENT IF THERE ARE MORE KIDS AND 19:46:47 MORE JOIN, AND WE CAN HANDLE A BIGGER CAMPUS. 19:46:54 IT WILL ALL DEPEND ON HOW WE GO FORWARD, BUT THE LAND IS 2 ACRES, SO 19:47:01 EVEN IF WE SPLIT IT, 1-ACRE TO 1-ACRE, RIGHT NOW WE HAVE 14,500 SQUARE FEET 19:47:07 ON IRVINGTON IN OUR MOSQUE. SO THIS IS LIKE ABOUT -- IF WE TAKE 19:47:09 ONE THAT IS FOUR TIMES BIGGER THAN WHAT WE HAVE. 19:47:15 >> Commissioner Liu: OKAY. SO DOES IT MEAN THAT IN THE FUTURE -- 19:47:19 I'M ALL IN FAVOR OF BUILDING MORE SCHOOLS AND MAKING SURE THE KIDS HAVE 19:47:27 PLACES TO GO TO GET EDUCATED. DO YOU FORESEE A TIME IN THE FUTURE 19:47:33 WHEN THIS LOT WILL BE KIND OF RESIDENTIAL ONLY OR WILL SCHOOL ALWAYS 19:47:34 BE THERE? >> NO, NO. 19:47:42 FOR ME AND OUR COMMUNITY, CHILDREN, KIDS, EDUCATION IS MORE IMPORTANT. 19:47:50 I OPPOSED THE SALE OF THE SCHOOL PROPERTY ABOUT 15, 20 YEARS AGO THAT 19:47:54 WE SHOULD NOT SELL THE SCHOOL PROPERTIES THAT FREMONT HAD. 19:47:56 BUT AT THAT TIME, NOBODY LISTENED TO ME. 19:48:01 >> Commissioner Liu: OKAY, THANK YOU. THAT'S ALL THE QUESTIONS I HAVE FOR 19:48:03 NOW. >> Commissioner Cardenas: I HAVE A 19:48:10 QUICK QUESTION, COMMISSIONER CARDENAS. MR. SALIM, FIRST OF ALL THANKS FOR 19:48:12 YOUR PRESENTATION. I APPRECIATE ALL THE WONDERFUL WORK 19:48:16 THAT YOU DO FOR OUR COMMUNITY. I REALLY APPRECIATE -- 19:48:19 >> NOT FOR ANY PERSONAL GAIN. THANK GOD. 19:48:21 >> Commissioner Cardenas: REALLY APPRECIATE THAT, AND THAT MAKES A 19:48:23 POSITIVE DIFFERENCE. SO THANKS FOR THAT. 19:48:28 YOU KNOW, THE ONE QUESTION I HAVE IS, IT SEEMS LIKE THERE'S SO MANY 19:48:29 DIFFERENT USES FOR THIS PROPERTY, RIGHT? 19:48:32 YOU'RE TALKING ABOUT A SCHOOL, YOU'RE ALSO TALKING ABOUT LIKE FEEDING THE 19:48:35 HOMELESS. LOGISTICALLY HOW DOES THAT ALL WORK? 19:48:40 BECAUSE I THINK, YOU KNOW, EVEN WHEN WE WERE DOING THE NAVIGATION CENTER IN 19:48:45 FREMONT, IT WAS JUST FACED WITH A LOT OF DIFFERENT OPINIONS, RIGHT? 19:48:52 HOW DO YOU HAVE A SCHOOL AND THE HOMELESS COMPONENT EXISTING ALL IN ONE 19:48:54 AREA? >> COMMISSIONER, WHAT'S YOUR NAME? 19:48:57 ? >> Commissioner Cardenas:CARDEN AS. 19:49:01 DANIEL. >> I OPPOSED THAT CENTER FOR $4.2 19:49:06 MILLION, 42 BEDS, IT'S NOT THE WAY I WOULD DO IT. 19:49:10 WE ARE FEEDING PEOPLE EVERY DAY, HOT MEALS. 19:49:14 WE COLLECT THE MONEY FROM 543 VOLUNTEERS. 19:49:19 WE GIVE BUSINESSES TO THE LOCAL RESTAURANTS. 19:49:23 $5 A MEAL, WE GET THE MEALS, WE HAVE PEOPLE. 19:49:28 SO RIGHT NOW, SEE, $5 A MEAL, $100, THAT IS 20 MEALS. 19:49:32 IF WE HAVE -- WE HAVE A KITCHEN AND WE HAVE A STOREROOM. 19:49:37 I MEAN, THERE'S ALREADY A PLACE IN THIS PROPERTY THAT THE PREVIOUS SCHOOL 19:49:41 HAD. IT IS LIKE A WOODEN, YOU KNOW, WOODEN 19:49:45 OFFICES, SO WE NEED A PLACE TO STORE -- A LOT OF PEOPLE WANT TO GIVE FOOD. 19:49:49 THEY WANT TO GIVE CANS, THEY WANT TO GIVE VEGETABLES, THEY WANT TO GIVE 19:49:51 MEAT. WE HAVE NO PLACE. 19:49:57 WE NEED A PLACE TO PUT THE STUFF THERE, WE NEED A KITCHEN. 19:50:02 SO LIKE THE PRESBYTERIAN CHURCH SELLS BREAKFAST THREE TIMES A WEEK. 19:50:05 OKAY? THEY COOK THERE, THEY HAVE THE PLACE, 19:50:10 THEY STORE THE FOOD, AND THEY GIVE IT. BUT THEY GIVE TO THOSE PEOPLE WHO COME 19:50:15 TO THE CHURCH. HOMELESS PEOPLE UNDER WASHINGTON 19:50:26 BOULEVARD, OR OPPOSITE SEAGATE, YOU KNOW, THE ROAD -- WHATEVER -- OR THE 19:50:33 ONE ON ELBERRY WHERE THE JUNK IS COLLECTED. 19:50:40 YOU GO AND YOU GIVE A HOT MEAL TO A HOMELESS PERSON, OKAY, TODAY WE GOT 19:50:43 THE MEAL FROM A RESTAURANT IN SAN JOSÉ. 19:50:46 THE TRAFFIC BECOMES TERRIBLE. PEOPLE GO AWAY. 19:50:50 SO HERE WE ARE, 606 HOMELESS PEOPLE ARE LIVING IN FREMONT TODAY. 19:50:57 THEY NEED A PLACE WHERE WE CAN COOK, WHERE WE CAN STORE, THAT EVEN YOU CAN 19:51:03 COME AND SAY, OKAY, ON SATURDAYS IF YOU COME TO THE ISLANDER MOTEL, WE MAKE 19:51:10 OMELETTE, BREAD, AND WE SERVE THE PEOPLE, THERE AT ISLANDER MOTEL, 19:51:13 THERE'S THE OTHER MOTEL, MISSION BOULEVARD, ACROSS OHLONE COLLEGE WHERE 19:51:19 THERE ARE HOMELESS PEOPLE. SO YOU DON'T NEED A VERY BIG KITCHEN 19:51:22 OR A STORAGE ROOM. WE CAN USE -- IF YOU GO ON GOOGLE MAP 19:51:28 AND YOU SEE THIS WOODEN OFFICES ON THE LEFT SIDE, THAT THE PREVIOUS SCHOOL 19:51:32 WAS USING, WE CAN USE THAT TO STORE THE FOOD, AND WE CAN MAKE A KITCHEN 19:51:37 WHERE WE CAN COOK. I'M SORRY, I GOT EMOTIONAL, OKAY? 19:51:42 PLEASE EXCUSE ME. >> Chair Yee: NO, I UNDERSTAND. 19:51:46 SO COMMISSIONER CARDENAS, DID HE ANSWER YOUR QUESTION? 19:51:49 >> Commissioner Cardenas: YEAH, THANK YOU, CHAIR. 19:51:52 WE'RE GOOD. >> Chair Yee: OKAY. 19:51:57 IF THERE AREN'T ANY OTHER QUESTION, I'D LIKE TO BE ABLE TO INVITE THE PUBLIC 19:52:02 TO SPEAK ON THIS AGENDA. BECAUSE WE STILL HAVE TIME TO STILL 19:52:04 ASK FURTHER CLARIFYING QUESTIONS LATER. 19:52:09 SO IF THERE ISN'T ANY -- OH. YEAH, IF THERE ISN'T ANY OTHER 19:52:14 QUESTIONS, THEN I'M GOING TO -- NOW IS THE TIME FOR -- WE'RE GOING TO TAKE 19:52:17 PUBLIC COMMENTS. TRISH, I NEED TO FIND OUT HOW MANY 19:52:21 PEOPLE HAVE RAISED HANDS THAT WANT TO SPEAK? 19:52:31 >> Ms. Cordova: I HAVE FIVE PEOPLE THAT HAVE RAISED TO SPEAK. 19:52:36 >> Chair Yee: MARIA, COULD YOU GIVE THEM 2 MINUTES EACH ON THE TIMER? 19:52:41 >> I'LL DO THAT, AND THE FIRST SPEAKER HAS THE EXTENSION OF 1365. 19:52:58 >> HI, THIS IS ALICE CAVETTE. >> Chair Yee: WE CAN HEAR YOU. 19:53:02 >> I HAVE TWO THINGS TO SAY. ONE, THE LIVESTREAM OF THE VIDEO IS 19:53:05 NOT PLAYING SO THIS IS NOT A PUBLIC MEETING. 19:53:19 WE CAN'T SEE IT ON THE VIDEO. AND TWO, WE WOULD LIKE TO -- 19:53:26 >> Planner Pullen: CHAIR, THERE'S A PERSON THAT HAS THEIR MIC ON AND IT'S 19:53:28 DISRUPTING THE COMMENT. THANK YOU. 19:53:32 >> Chair Yee: I NEED EVERYBODY TO TURN THEIR MICS OFF, PLEASE. 19:53:36 EXCEPT FOR MS. CAVETTE. >> CAN YOU HEAR ME NOW? 19:53:38 >> Chair Yee: YES. OKAY. 19:53:46 LET'S RESET THE CLOCK, MARIA, TO GIVE MS. CAVETTE THE FULL TWO MINUTES. 19:53:52 >> OKAY, I'LL DO THAT. >> ONE, THE LIVESTREAM VIDEO IS NOT 19:53:53 PLAYING. IT HASN'T BEEN ON. 19:54:00 AND SO THIS IS NOT A PUBLIC MEETING. YOU'RE GOING TO HAVE TO DEAL WITH 19:54:06 GETTING A ZOOM COPY OUT. BUT TWO, MORE IMPORTANTLY, WE WOULD 19:54:12 LIKE THE COMMISSION TO CONSIDER AND ASK MORE QUESTIONS AS TO WHY IT'S URBAN 19:54:17 AND NOT MEDIUM DENSITY. THEY COULD HAVE HOUSING FOR MEDIUM 19:54:22 DENSITY ON THE 1-ACRE PART AND STILL CONTINUE TO HAVE THE SCHOOL. 19:54:29 SO WE DON'T UNDERSTAND WHY THEY CHOSE URBAN, AND I THINK CHAIRMAN YEE SAID 19:54:34 WE WOULD BE ASKING THE APPLICANT, BUT THEY DIDN'T ANSWER WHY URBAN. 19:54:36 THAT'S ALL I HAVE TO SAY. THANK YOU. 19:54:41 >> Chair Yee: ALL RIGHT, THANK YOU. NEXT SPEAKER. 19:54:53 >> Ms. Cordova: I'LL ANNOUNCE THAT THE NEXT SPEAKER IS JARRAR RAZVI. 19:54:57 WE'LL GO AHEAD AND ALLOW YOU TO SPEAK. GO AHEAD. 19:54:59 >> HI. THIS IS JARRAR. 19:55:06 GOOD EVENING, EVERYONE. ONE OF THE MEMBERS, THE APPLICANT FOR 19:55:10 THIS PROPERTY. I JUST WAS HEARING AND WAS AMAZED WITH 19:55:14 THE INFORMATION BEING SHARED. I WANTED TO BRING TO ATTENTION WHAT 19:55:20 MR. JOEL MENTIONED, THAT THE ZONING WHEN IT WAS DONE BY THE CITY AT THAT 19:55:26 POINT IN TIME IN THE PAST, WHAT WE DECIDED WAS -- I THINK THERE WAS 19:55:33 INFORMATION THAT WAS EVOLVING SO THAT BY DEFAULT, THEY DESIGNATED THE ZONING 19:55:37 AS PUBLIC. SO I THINK WITH THAT, KEEPING THAT IN 19:55:44 MIND, MY ONLY COMMENT WAS SINCE THIS CONVERSATION TODAY IS MORE LIKE A GUT 19:55:49 CHECK, AND ALL THE DUE DILIGENCES WILL BE DONE AS WE GO FURTHER ALONG IN THE 19:56:00 PROCESS, SO I THINK FOR THIS DISCUSSION, I THINK MY COMMENT WAS 19:56:05 MAYBE THIS IS THE DECISION THAT WAS DONE IN THE PAST, WHICH WAS ON 19:56:11 INSUFFICIENT DATA, THEN TRYING TO SEE IF WE'RE GOING TO KEEP THAT ZONING 19:56:18 STILL INTACT FOR PRIVATE -- SORRY -- PUBLIC MAY NOT MAKE AS MUCH SENSE 19:56:23 UNTIL WE DO FURTHER ASSESSMENT OF IT. SO THAT WAS MY COMMENT BECAUSE THE 19:56:28 ZONING SEEMS TO GO EITHER WAY, BASED ON HOW THE CITY HAD APPROACHED IN THE 19:56:33 PAST. >> Chair Yee: ALL RIGHT. 19:56:35 THANK YOU. NEXT SPEAKER? 19:56:42 >> Ms. Cordova: OKAY. IF YOU CAN LEAR ME, I'M HEARING 19:56:48 HEAR ME, I'M HEARING THERE'S SOME TECHNICAL DIFFICULTIES ON MY END. 19:56:52 >> Chair Yee: YOU SOUND MUFFLED. >> Ms. Cordova: SORRY ABOUT THAT. 19:57:00 DO YOU HAVE ANOTHER SPEAKER? >> Chair McDonald: I'M SORRY, TRISH, I 19:57:02 COULDN'T UNDERSTAND ANYTHING THAT WAS SAID BY THE LAST SPEAKER. 19:57:06 IS THERE A WAY WE COULD REPLAY THE CLOSED CAPTION OR SOMETHING TO BE ABLE 19:57:14 TO READ WHAT THE LAST SPEAKER SAID? >> Ms. Cordova: I DON'T KNOW IF I CAN 19:57:20 DO THAT AT THIS MOMENT. >> Chair McDonald: YOU'RE ALSO VERY 19:57:26 DIFFICULT TO HEAR AS WELL. >> Ms. Cordova: MARIA, CAN YOU SPEAK? 19:57:29 THERE'S SOMETHING WRONG WITH MY MIC. I'M TRYING TO FIX IT. 19:57:35 >> YES. THE NEXT SPEAKER IS 19:57:37 BERGE-PAPPAS-SMITH CHAPEL. I'M GOING TO ALLOW YOU TO SPEAK. 19:57:47 YOU'RE UNMUTED SO YOU CAN SPEAK NOW. >> HI THIS, IS KEVIN SMITH. 19:57:54 I'M WITH BERGE-PAPPAS-SMITH CHAPEL OF THE ANGELS AND CEMETERY. 19:57:58 I'M THE OLDER OF TWO OF THE FIVE OLDEST BUSINESSES IN FREMONT THAT ARE 19:58:02 NON-RELIGIOUS. MY MORTUARY GOES BACK TO 1881 AND MY 19:58:10 CEMETERY HAD ITS FIRST BURIAL IN 1845. WE HAVE OWNED IT OURSELVES ALMOST 50 19:58:14 YEARS. WE HAVE BEEN PRESENT TO SEE BUILDING 19:58:18 TAKE PLACE ALL AROUND US. SOME OF IT GOOD, SOME OF IT NOT SO 19:58:22 GOOD. OUR BIGGEST CONCERN IS THAT WHEN THE 19:58:26 SENECA CENTER WENT IN, WE WERE ASSURED THAT IT WOULD BE A SINGLE LEVEL 19:58:33 BUILDING, IT WOULD HAVE A VERY SMALL USAGE, THE STUDENTS WOULD NOT NUMBER 19:58:36 VERY MANY AND THE TEACHERS WOULD NOT NUMBER VERY MANY. 19:58:41 WE CURRENTLY OPERATE IRVINGTON MEMORIAL CREMATORY ON THE SITE. 19:58:46 WE DO APPROXIMATELY 6,000 CREMATIONS A YEAR. 19:58:51 OUR STACKS ARE DIRECTLY ACROSS THE STREET FROM THIS FACILITY. 19:58:56 THEY ARE 32 FEET HIGH. ANYTHING THAT GOES ABOVE ONE STORY 19:59:00 WILL BE SUBJECT TO OUR STACKS AND WHAT THEY PUT OUT. 19:59:09 IF THIS GOES THROUGH, AND OUR BUSINESS IS AFFECTED, WE WILL HAVE 30 PEOPLE 19:59:12 THAT HAVE THE POSSIBILITY OF LOSING THEIR JOB AND THERE WILL BE TWO 19:59:18 BUSINESSES THAT HAVE SERVED THE COMMUNITY FROM NORTH TO SOUTH, EAST TO 19:59:24 WEST, WILL END UP PROBABLY GOING AWAY. WHATEVER THE PLANNING COMMISSION 19:59:30 DECIDES TO PUT IN THIS SPACE, OR ALLOW IN THIS SPACE, YOU NEED TO TAKE INTO 19:59:34 ACCOUNT THAT WE'VE BEEN THERE A LONG TIME, THAT THERE IS A CREMATORY NOT 19:59:41 JUST OPEN SPACE CEMETERY. WE HAVE SERVICES PULLING IN TO THE 19:59:44 CEMETERY DAILY, TWO, THREE TIMES A DAY. 19:59:49 ANY HIGH-DENSITY WILL AFFECT PARKING, THERE'S NOT ENOUGH PARKING AS IT IS ON 19:59:53 THE STREET. WE HAVE PARKING ON OUR CEMETERY SITE. 20:00:01 SO OUR CONCERNS ARE, WHATEVER YOU FOLKS LOOK AT, WHATEVER IS DECIDED, NEEDS TO 20:00:08 HAVE A THOROUGH LOOK. WHEN PEOPLE HAVE HAD THE CHANCE TO 20:00:09 LOOK AT IT, THEY'VE NOT NOTICED OUR STACKS. 20:00:14 SO THERE'S FIVE OF THEM THERE. I'D JUST ASK THAT WHATEVER IS DECIDED, 20:00:18 WHOEVER GETS IT NEEDS TO UNDERSTAND THAT IT'S A SINGLE STORY AND MY HOPE 20:00:25 IS THE COUNCIL WILL -- AND THE PLANNING COMMISSION WILL UNDERSTAND SOMEBODY 20:00:28 HAS BEEN THERE FOREVER. WE WERE THERE BEFORE THERE WERE ANY 20:00:30 HOUSES. THERE WAS THE GRIFFIN HOUSE, THE 20:00:33 BRYANT HOUSE AND THE HIRSCH HOUSE. THAT'S ALL THAT WAS AROUND US. 20:00:39 WE'VE BEEN BUILDING ALL AROUND, PEOPLE ARE COMING IN, THERE'S OTHER USES THAT 20:00:45 CAN BE USED ON THAT FACILITY AND THAT SITE THAT'S A LOW DENSITY TO MAKE A 20:00:48 DIFFERENCE FOR THE COMMUNITY AND ALLOW US TO DO WHAT WE DO. 20:00:53 I THINK THAT'S ALL I HAVE TO SAY. >> Chair Yee: ALL RIGHT, THANK YOU. 20:00:57 >> OKAY. I DID SOMETHING TO MY MICROPHONE. 20:01:02 CAN YOU GUYS HEAR ME BETTER, MARIA? >> YOU'RE STILL A LITTLE MUFFLED, 20:01:07 TRISH. I'LL GO AHEAD AND ANNOUNCE IT. 20:01:14 MR. MIR, YOU'VE BEEN UNMUTED, YOU CAN SPEAK NOW. 20:01:18 >> HI THERE. I HOPE YOU ALL CAN HEAR ME. 20:01:26 MY NAME IS MIR AMANATH. I'M A MEMBER OF THE SABA COMMUNITY. 20:01:29 I JUST WANT TO SUPPORT THIS PURCHASE FOR SABA. 20:01:35 THEY'VE BEEN INSTRUMENTAL IN ESTABLISHING SOME OF THE SERVICES FOR 20:01:39 OUR COMMUNITY WHICH WERE NEVER THERE FOR THE PAST 25 YEARS. 20:01:47 THEY'VE BUILT A SCHOOL, QUALITY SCHOOL WITH KIDS GOING TO BEST OF THE 20:01:55 UNIVERSITIES. THEY'VE SHOWN THAT THE COMMUNITY NEEDS 20:01:58 -- ALL THE NEEDS OF THE COMMUNITIES WERE MET. 20:02:02 THEY HAVE SERVICES, THEY PROVIDE FOOD ON A DAILY BASIS. 20:02:08 THE ENTIRE VOLUNTEER ABODE AND THE COMMUNITY OVER AT SABA HAS DONE A 20:02:14 FABULOUS JOB IN GETTING THE COMMUNITY TOGETHER AND PROVIDING THEM WITH CIVIL 20:02:18 SERVICES AS WELL AS ALL OF THE SERVICES THAT WE NEED AS A COMMUNITY TO CALL IT 20:02:23 HOME. SO WE LOOK -- WE HIGHLY RESPECT 20:02:29 EVERYTHING THAT SABA DOES FOR OUR COMMUNITY, AND WE WOULD LOVE TO SEE 20:02:37 THEM GET THIS PROPERTY AND BUILD A SCHOOL THAT WILL SERVE OUR COMMUNITY 20:02:42 IN THE EAST BAY, BECAUSE WE DON'T HAVE A FACILITY ON THE EAST BAY HERE IN 20:02:48 FREMONT, AND WE SEVERELY LACK THAT OPPORTUNITY FOR THE RESIDENTS IN 20:02:54 FREMONT AND THE NEIGHBORHOODS WHERE WE CAN SEND OUR KIDS THERE. 20:02:57 SO FROM A LOCATION STANDPOINT AND FROM A MEMBER DISTRIBUTION STANDPOINT IN 20:03:04 THE BAY AREA, IT'S A STRATEGIC LOCATION FOR ALL OUR KIDS TO GO TO, SO I WOULD 20:03:10 REALLY APPRECIATE THE SUPPORT FROM THE NEIGHBORS, MEMBERS, COMMUNITY AND ALL 20:03:12 OF YOU COMMISSIONERS, AS WELL AS THE CITY PERSONNEL. 20:03:13 THAT'S ALL I HAVE TO SAY. THANK YOU. 20:03:20 >> Chair Yee: THANK YOU. MARIA, DO WE HAVE ANY MORE SPEAKERS? 20:03:27 >> YES, WE DO. THE NEXT SPEAKER IS MR. HAMZA. 20:03:32 YOU CAN SPEAK NOW. >> HI. 20:03:35 GOOD EVENING, EVERYONE. PLEASE LET ME KNOW IF YOU CAN HEAR 20:03:36 ME. >> WE CAN HEAR YOU. 20:03:39 >> Chair Yee: WE CAN HEAR YOU. >> ALL RIGHT. 20:03:46 I WANT TO PRESENT MY POINT OF VIEWS AS A DIRECT BENEFICIARY AS A MEMBER WHO 20:03:50 UTILIZES SABA'S FACILITY AT VARIOUS LOCATIONS. 20:03:54 SO I WANTED TO PRESENT MY INPUT IN FRONT OF THE CITY PERSONNEL. 20:03:57 THANK YOU FOR PUTTING THIS MEETING TOGETHER. 20:04:05 I MOVED HERE FROM HOUSTON, TEXAS A LITTLE OVER TWO YEARS AGO, AS PART OF 20:04:07 A JOB WHICH IS AN ESSENTIAL BUSINESS AS IT CAN BE. 20:04:18 AND I CAN TELL YOU THAT SABA AS AN ORGANIZATION HAS A VERY POSITIVE 20:04:22 PRESENCE IN THE COMMUNITY. NOT JUST WITHIN THE MUSLIM COMMUNITY, 20:04:26 BUT OUTSIDE AS WELL. THE FOOTPRINT THEY HAVE IN SAN JOSÉ 20:04:33 AND THE SURROUNDING AREAS WITHIN THE BAY AREA IS BASICALLY KNOWN TO 20:04:38 MAJORITIES. THEIR COMMUNITY OUTREACH WITHIN THE 20:04:42 MUSLIM COMMUNITY AND INTERFAITH SESSIONS THAT THEY CARRY AT THEIR 20:04:46 VARIOUS FACILITIES, THE SCHOOLING SYSTEM THAT THEY HAVE CURRENTLY FOR 20:04:54 THE KIDS, THE COMMUNITY OUTREACH AND VARIOUS SERVICES THAT THEY OFFER, 20:05:01 THEY HAVE BASICALLY PRESENTED SUCH A POSITIVE PICTURE OF THE COMMUNITY IN 20:05:03 THE BAY AREA THAT IT IS SECOND TO NONE. 20:05:12 AND THAT BEING SAID, I TRULY HOPE THAT CITY OFFICIALS DO VOTE IN THE FAVOR OF 20:05:23 THIS PURCHASE, AND BASICALLY PROVIDE US AN OPPORTUNITY TO COME ON AND GAIN 20:05:26 APPROVAL OURSELVES THAT WHAT WE'VE DONE OVER AND OVER AGAIN, WE CAN DO IT AT 20:05:28 THIS FACILITY AS WELL. BECAUSE THE FOOTPRINT IS ALREADY 20:05:30 THERE. THE COMMUNITY IS ESTABLISHED. 20:05:39 WE HAVE GREAT EXAMPLES IN THE PAST THAT WE HAVE BASICALLY EXECUTED THE PLANS 20:05:44 -- SO -- >> MR. HAMZA, YOUR TIME IS UP. 20:05:53 >> THANK YOU. >> Ms. Cordova: MARIA, CAN YOU HEAR ME 20:05:55 NOW? >> YES, I CAN HEAR YOU NOW, TRISH. 20:05:57 >> Ms. Cordova: OKAY, GOOD. I JUST WANTED TO TEST IT. 20:06:03 I'M TRYING DIFFERENT THINGS. WE HAVE TWO MORE SPEAKERS, CHAIR YEE, 20:06:08 AND THE NEXT ONE IS MARCIE. GO AHEAD AND SPEAK. 20:06:12 >> GOOD EVENING. MY NAME IS MARCIE. 20:06:19 I AM A 47-YEAR-OLD RESIDENT OF CALIFORNIA, THIS AREA. 20:06:26 SO I ACTUALLY GREW UP HERE. I AM A WORKING MEMBER FOR 25 YEARS AS 20:06:30 A PHARMACIST. SO TONIGHT I'M HERE TO TALK ABOUT -- 20:06:37 I'M ALSO A MEMBER OF THE SABA, AND ALSO I'M HERE TO SPEAK AS A PARENT MOSTLY. 20:06:43 I HAVE TWO KIDS THAT ATTEND WRIGHT ACADEMY. 20:06:50 MY HOUSE IS LOCATED IN CALIFORNIA AND FOR THE LAST 11 YEARS, I'VE BEEN 20:06:56 DRIVING MY KIDS TO RISE ACADEMY, WHICH IS LOCATED IN SAN JOSÉ AREA. 20:07:02 , EVERY DAY. I WOULD LIKE TO HAVE THE OPPORTUNITY 20:07:06 TO HAVE THEM GO TO A SCHOOL WHICH IS CLOSER TO MY HOUSE IN FREMONT. 20:07:13 SO THIS IS A HUGE OPPORTUNITY FOR ME TO ATTEND -- FOR MY KIDS TO ATTEND THEIR 20:07:18 SCHOOL AND ALSO TO BE A MEMBER OF THE SABA IN FREMONT. 20:07:27 THE OPPORTUNITIES THEY HAVE AT RISE ACADEMY IS THEY'RE ALWAYS GIVING A 20:07:35 HELPING HAND TO THE POPULATION OF THE COMMUNITY, AND THEY GO AS FAR AS CITY 20:07:40 OF -- I MEAN, VERY FAR, AS FAR AS FREMONT, OR PLEASANTON. 20:07:46 WE HAVE A LOT OF PEOPLE WHO COMMUTE FROM THE PLEASANTON AREA, LIVERMORE 20:07:51 AREA, WALNUT CREEK AREA, PLEASANT HILL AREA TO RISE ACADEMY. 20:07:58 SO THERE'S JUST A LOT OF PEOPLE THAT WANT THEIR KIDS TO GET A GOOD 20:08:04 EDUCATION WITH GOOD -- IN A GOOD ENVIRONMENT SO THAT THEY CAN HAVE GOOD 20:08:09 MANNERS AND BECOME A VERY HELPFUL MEMBER OF THE SOCIETY. 20:08:10 THAT'S ALL I HAVE TO SAY. THANK YOU. 20:08:17 SO I HOPE THIS GOES THROUGH, AND I HOPE THAT THIS REALLY GOES THROUGH. 20:08:20 I APPRECIATE YOUR LISTENING TO MY WORDS. 20:08:23 THANK YOU. >> Chair Yee: ALL RIGHT. 20:08:26 THANK YOU, MARCIE. TRISH? 20:08:29 >> Ms. Cordova: CHAIR YEE, WE HAVE TWO MORE SPEAKERS. 20:08:33 I WILL GO AHEAD AND ANNOUNCE THE NEXT SPEAKER. 20:08:44 ZEHRA AHSAN. PLEASE GO AHEAD AND SPEAK. 20:08:45 >> HI THERE. HOPE YOU CAN HEAR ME. 20:08:48 I'VE LIVED IN THE BAY AREA FOR ABOUT 20 YEARS. 20:08:52 I'M A CURRENT RESIDENT OF FREMONT, KIMBER GOMES AREA. 20:08:56 MY SON ATTENDS HOPKINS JUNIOR HIGH. WHEN I FIRST MOVED HERE, I STARTED 20:09:01 WORKING FOR THE CITY OF FREMONT AS A YOUTH SERVICES COORDINATOR, SO I HAVE 20:09:05 A LOT OF CONNECTIONS TO FREMONT FOR A VERY LONG TIME. 20:09:11 IN GENERAL, I FEEL LIKE THIS IS A REALLY GOOD VENTURE FOR THE CITY OF 20:09:21 FREMONT TO SPEARHEAD. THIS SCHOOL AND RESIDENTIAL SERVICES, 20:09:27 HOMELESS SERVICES, THEY PROVIDE A VARIOUS NUMBER OF SERVICES THAT I 20:09:29 THINK WOULD BE VERY BENEFICIAL TO FREMONT IN GENERAL. 20:09:36 NOT JUST THE SABA COMMUNITY BUT THE WHOLE OF FREMONT AND THE EAST BAY. 20:09:41 THE SCHOOL IS DESIGNED TO SUPPLEMENT THE ALREADY STELLAR SCHOOL SYSTEM OF 20:09:49 FREMONT UNIFIED SCHOOL DISTRICT. AND THE SHELTER AND THE RESIDENTIAL 20:09:52 SERVICES I THINK ARE REALLY WONDERFUL ADDS TO THE PROPOSAL. 20:10:01 THE SABA COMMUNITY PURCHASE IS DESIGNED TO, I GUESS, YOU KNOW, STEP IN THE 20:10:10 SAME -- IN THE SAME WAY AS THE OSHER FAMILY COMMUNITY CENTER, JCC IN PALO 20:10:15 ALTO, PROVIDING SENIOR HOUSING, ADULT HOUSING, SCHOOLS, EDUCATION, HOMELESS 20:10:21 PROGRAMS, ET CETERA. SO THIS VENTURE IS NOT EXACTLY 20:10:23 DIFFERENT THAN OTHER VENTURES IN THE BAY AREA. 20:10:33 I WILL ALSO ADD THAT THE BAY AREA IN GENERAL HAS AN EXTREMELY HIGH 20:10:39 SINGLE-FAMILY HOUSING RATE. THERE IS VERY LITTLE HIGH-DENSITY 20:10:45 HOUSING IN THE BAY AREA. AND AS WE KNOW, THERE IS VERY LITTLE 20:10:50 HIGH-DENSITY HOUSING IN GENERAL AND VERY LITTLE LOW INCOME HOUSING. 20:10:54 THIS IS A PROBLEM THAT WE ARE EXACERBATING BY OUR ZONING PLANS 20:10:56 CURRENTLY, AND IT'S GOING TO BE A PROBLEM FOR OUR FUTURE YEN RANGE OF 20:10:59 MOTIONS. IT'S GOING TO BE A PROBLEM FOR MY 12, 20:11:03 13-YEAR-OLD SON. WHEN HE GETS TO BE 34 YEARS OLD. 20:11:06 SO THIS IS NOT SOMETHING THAT WE WANT TO EXACERBATE NOW. 20:11:13 WE WANT TO NIP THIS PROBLEM IN THE BUD NOW, 20, 30 YEARS BEFORE OUR NEXT 20:11:19 GENERATION HAS TO DEAL WITH IT. SO I WHOLEHEARTEDLY SUPPORT THIS 20:11:24 VENTURE, AND I HOPE ALSO THAT THE FREMONT PLANNING COMMISSION WILL 20:11:29 SUPPORT THIS VENTURE AS WELL. >> Chair Yee: ALL RIGHT, THANK YOU. 20:11:32 TRISH? >> Ms. Cordova: YES. 20:11:37 WE HAVE FOUR SPEAKERS. >> Chair Yee: WE HAVE FOUR MORE? 20:11:40 >> Ms. Cordova: I HAVE FOUR MORE. >> Chair Yee: LET'S MAKE SURE THAT THE 20:11:42 TIMER IS ON. >> Ms. Cordova: OKAY. 20:11:45 MARIA, DO YOU WANT TO SET THE TIMEER? >> IT'S ON. 20:11:48 I'M MONITORING IT. THAT NOISE YOU HERE, THAT MEANS IT'S 20:11:53 THE END OF THEIR TIME. >> Ms. Cordova: OKAY. 20:12:02 I'LL ANNOUNCE THE NEXT SPEAKER. ZOHAAD MERCHANT, GO AHEAD AND SPEAK. 20:12:03 >> THANK YOU SO MUCH. APPRECIATE THE OPPORTUNITY. 20:12:05 MY WIFE AND I ARE RESIDENTS IN IRVINGTON. 20:12:09 WE ACTUALLY LIVE ABOUT TWO MINUTES WALKING DISTANCE AWAY FROM THE 20:12:14 PROPERTY THAT'S BEING DISCUSSED. AND WE WOULD GLADLY WELCOME THE SABA 20:12:16 COMMUNITY TO OUR BACKYARD. WHEN WE THINK ABOUT THE CHALLENGES 20:12:21 WE'VE HAD NOW THAT WE'VE BEEN IN THE BAY AREA FOR THE LAST SIX YEARS OR SO, 20:12:26 THE THREE THINGS THAT STAND OUT, ONE ARE THE OPTIONS ON HOUSING, NUMBER TWO 20:12:31 WOULD BE THE RESOURCES FOR THE HOMELESS POPULATION, AND NUMBER THREE WOULD BE 20:12:34 THE SCHOOL OPTIONS FOR OUR STUDENTS, FOR OUR CHILDREN. 20:12:40 AND SO THE FACT THAT THIS PROJECT ADDRESSES ALL THREE OF THOSE AND IS IN 20:12:44 AN AREA THAT I THINK BADLY NEEDS IT, WE WOULD GLADLY SUPPORT THE EFFORTS HERE 20:12:50 TO PURCHASE THE PROPERTY AND SUPPORT THE PLAN THAT'S BEEN OUTLAID BY THE 20:12:51 APPLICANT. THANK YOU. 20:12:58 >> Chair Yee: ALL RIGHT, THANK YOU. >> Ms. Cordova: CHAIR YEE, I HAVE 20:13:00 THREE MORE SPEAKERS. I'LL GO AHEAD AND ANNOUNCE THE NEXT 20:13:16 ONE. THE NEXT SPEAKER IS ZAHED -- I DON'T 20:13:22 SEE THE NAME. LET ME SEE. 20:13:28 OKAY. I'LL GO AHEAD AND -- MARIA, DID YOU 20:13:30 PROMOTE THEM? I DON'T SEE THEM. 20:13:37 >> I DON'T SEE A ZAHED. I SEE -- HOW ABOUT AKBER? 20:13:41 >> Ms. Cordova: OKAY, AKBER KAZMI, GO AHEAD AND SPEAK. 20:13:57 >> CAN YOU HEAR ME? >> Ms. Cordova: YES, WE CAN HEAR YOU. 20:14:03 GO AHEAD. >> SORRY, I WAS HAVING PROBLEMS WITH 20:14:06 MY AUDIO. SABA RUNS THREE COMMUNITY CENTERS OF 20:14:13 SUNDAY SCHOOL, FULL TIME SCHOOL AS RISE ACADEMY, AND WE PUBLISHED A BOOK, WE 20:14:18 HAVE PUBLISHING OPERATIONS, AND WE DO ADULT EDUCATION. 20:14:26 SO IN THIS PARTICULAR LOCATION, WE ARE PLANNING TO DO SIX THINGS: STARTING 20:14:30 A SCHOOL IN FREMONT THAT CATERS TO THE COMMUNITY THAT YOU JUST HEARD FROM. 20:14:36 A SENIOR CENTER AND A COMMUNITY CENTER TO ALLOW PEOPLE TO COME IN, 20:14:41 CONGREGATE, ESPECIALLY SENIORS, AND ALSO THE PROGRAMS THAT SABA OFFERS IN 20:14:44 OTHER LOCATIONS, WE'D DUPLICATE THOSE HERE. 20:14:50 WE WILL CREATE ADULT EDUCATION, WE WILL CREATE SYSTEMS WHERE THE LOCAL YOUTH 20:14:57 ARE COMING IN TO OUR FACILITY IN NON-SCHOOL HOURS AND DOING SPORTS, 20:15:01 DOING SOCIALIZING, LEARNING THINGS THAT THEY'RE SUPPOSED TO LEARN TO BECOME 20:15:09 PRODUCTIVE CITIZEN OF FREMONT. WE WILL ALSO, AS DISCUSSED EARLIER, 20:15:19 CREATE HOUSING FOR OUR SENIORS, FOR OUR TEACHERS, FOR OUR LOW INCOME MEMBERS 20:15:22 OF THE COMMUNITY, AS YOU'VE HEARD FROM MULTIPLE PEOPLE THAT AFFORDING HOUSING 20:15:27 IS VERY DIFFICULT. ATTRACTING TEACHERS, EDUCATORS IS VERY 20:15:31 DIFFICULT IN FREMONT BECAUSE THEY CAN'T LIVE CLOSE BY AND THEY HAVE TO DRIVE 20:15:35 TWO HOURS TO COME HERE. SO WE WILL DO ALL THESE THINGS, 20:15:41 WORKING VERY CLOSELY WITH OUR NEIGHBORS, WORKING VERY CLOSELY WITH 20:15:46 CITY, WORKING VERY CLOSELY WITH THE COUNTY TO MAKE SURE THAT THE COUNTY 20:15:53 AND CITY PLANS GET IMPLEMENTED AND OUR LOCAL COMMUNITY GETS BENEFIT OUT OF 20:15:55 IT. AND ALL THIS ACTIVITY WILL CREATE 20:15:57 JOBS. WE WILL HAVE TEACHERS, WE WILL HAVE 20:16:01 KITCHEN WORKERS AS BROTHER SALIM MENTIONED, WE'LL BE COOKING FOODS FOR 20:16:07 HUNDREDS OF PEOPLE, WE WILL CREATE JOBS AS WELL AND BRING A LOT OF EDUCATION 20:16:09 AND COMMUNITY SERVICES TO CENTRAL FREMONT. 20:16:12 FOR THIS PROJECT. THANK YOU. 20:16:14 >> Chair Yee: ALL RIGHT, THANK YOU. YOUR TIME IS UP. 20:16:18 ALL RIGHT, THANK YOU. >> Ms. Cordova: OKAY, CHAIRPERSON 20:16:22 YEE, I HAVE TWO MORE SPEAKERS. I'LL GO AHEAD AND ANNOUNCE THE NEXT 20:16:27 ONE. THE NEXT SPEAKER IS ZAHED KHURASANI. 20:16:33 GO AHEAD AND SPEAK. >> HELLO, GOOD EVENING, EVERYONE. 20:16:36 MY NAME IS ZAHED. CAN YOU HEAR ME? 20:16:39 >> Ms. Cordova: YES, WE CAN HEAR YOU. >> OKAY, THANK YOU, TRISH. 20:16:44 SO WE MOVED TO THE BAY AREA THREE YEARS BACK, AND I HAVE A 3 1/2-YEAR-OLD 20:16:46 DAUGHTER, AND SHE GOES TO RISE ACADEMY. 20:16:54 AND THE AMOUNT OF POSITIVE IMPACT THAT SHE HAS HAD ONCE SHE STARTED GOING TO 20:17:00 SCHOOL HAS BEEN TREMENDOUS, AND I ATTRIBUTE THIS SUCCESS TO THE SABA 20:17:05 LEADERSHIP, SO THAT'S THE MOST CORE ELEMENT FOR ME WHENEVER I LOOK AT AN 20:17:11 ORGANIZATION, AND THEY HAVE BEEN DOING A TREMENDOUS JOB NOT ONLY IN TERMS OF 20:17:15 HAVING THE SCHOOLS BUT ALSO ON A COMMUNITY LEVEL AS WELL, GETTING THE 20:17:22 WHOLE COMMUNITY TOGETHER, DOING COMMUNITY OUTREACH PROGRAMS, AND ALSO 20:17:26 HELPING THE COMMUNITY IN ANY WAY POSSIBLE THEY CAN. 20:17:30 SO I WANT TO THANK THE SABA LEADERSHIP FOR ALWAYS STEPPING UP, AND I ALSO 20:17:35 WANT TO TAKE THIS OPPORTUNITY TO THE CITY PLANNING COMMISSION COMMITTEE FOR 20:17:41 HAVING THIS ZOOM CALL AND I'M LOOKING FORWARD TO SEE A SABA SCHOOL IN 20:17:41 FREMONT. THANK YOU. 20:17:46 >> Chair Yee: THANK YOU. >> Ms. Cordova: OKAY, CHAIR YEE, I 20:17:49 HAVE ONE MORE SPEAKER, I'LL GO AHEAD AND ANNOUNCE THAT PERSON. 20:17:58 MARYAM ADLPARVAR. PLEASE GO AHEAD AND SPEAK. 20:18:12 MARYAM ADLPARVAR. >> CAN YOU HEAR ME NOW? 20:18:15 >> Ms. Cordova: YES. >> HELLO, EVERYONE. 20:18:18 THANK YOU SO MUCH FOR GIVING THIS OPPORTUNITY FOR ME TO SPEAK. 20:18:21 THANK YOU FOR PUTTING THIS ALL TOGETHER. 20:18:24 IT'S REALLY APPRECIATING TO SEE THAT WE CAN MAKE CHANGES. 20:18:33 SO I JOINED SABA IN 2002, AND IT WAS ONLY A SMALL MOSQUE. 20:18:40 THE ONLY REASON I JOINED, IT WAS BECAUSE WHEN I SMOKE TO THE LEADERSHIP 20:18:44 AND THEY TOLD ME THAT THEY WERE GOING TO HAVE A SCHOOL, WE EXPECT TO HAVE A 20:18:51 SCHOOL SOON, AND THEY STOOD ON THEIR WORDS AND THEY REALLY WORKED HARD AND 20:18:59 BY 2000 THE SCHOOL STARTED. IT WAS VERY HARD TO START THE SCHOOL, 20:19:03 BUT WITH THE PURE INTENTION OF THE LEADERSHIP AND THE BOARD MEMBERS, 20:19:09 PEOPLE WHO ARE ACTUALLY INVOLVED, THE SCHOOL REALLY FLOURISHED, AND THANK 20:19:13 GOD WE HAVE SO MANY KIDS FROM ALL DIFFERENT CITIES COMING AROUND. 20:19:20 AND THAT'S A VERY BLESSING. SO I REALLY BELIEVE IN SABA, I RESPECT 20:19:24 THEIR VALUES. THEIR VALUES FOR ALL DIFFERENT RACES, 20:19:27 ALL DIFFERENT KINDS OF PEOPLE WHO WANT TO JOIN. 20:19:35 AND I'M SURE BECAUSE OF WHAT I HAVE SEEN, WE CAN SEE GREAT ALSO 20:19:38 OPPORTUNITIES IN FREMONT, BECAUSE THERE ARE SO MANY PEOPLE WHO ARE COMING FROM 20:19:45 HAYWARD, ALL AROUND, THAT THAT CAN MAKE -- THAT HELP WITH THE TRAFFIC, COMING 20:19:51 ALL THE WAY TO SABA ACADEMY, AND ALSO WITH THE COMMUNITY, FOR THE COMMUNITY 20:19:56 AROUND THAT AREA, SO I'M REALLY FOR IT BECAUSE THEY ARE VERY CARING 20:20:03 LEADERSHIP AND THE BOARD MEMBERS AND THE WHOLE COMMUNITY UNDER THEIR 20:20:06 LEADERSHIP. I REALLY APPRECIATE IT, AND I 20:20:10 APPRECIATE IF YOU ALSO GET INTO ACCOUNT IN YOUR DECISIONS. 20:20:17 THANK YOU SO MUCH. >> Ms. Cordova: CHAIR YEE, WE DO NOT 20:20:20 HAVE ANY MORE SPEAKERS. >> Chair Yee: OKAY. 20:20:26 SO THIS IS THE PART OF THE CLOSING OF THE PUBLIC HEARING, BUT THEN WOULD THE 20:20:27 APPLICANT LIKE TO SAY ANYTHING IN CLOSING? 20:20:31 I THINK IN THE NOTES HERE, YOU'VE GOT UP TO 3 MINUTES. 20:20:41 >> CHAIRMAN YEE, WE DO HAVE A PANELIST, MR. MASTAN, WHO HAS HIS HAND RAISED. 20:20:46 >> Chair Yee: OKAY. I GUESS UNMUTE HIM. 20:21:01 >> CHAIRMAN YEE, I WOULD LIKE TO ASK OUR ARCHITECT TO TAKE THIS TIME TO 20:21:05 GIVE THE CLOSING STATEMENT. >> THANK YOU, SALIM. 20:21:08 SO I WANTED TO -- >> Planner Pullen: EXCUSE ME, CHAIR? 20:21:16 I JUST WANT TO -- POINT OF ORDER. THERE ARE A COUPLE PANELISTS WITH THE 20:21:19 NAME SALIM. IT APPEARS THAT A PANELIST LINK WAS 20:21:23 FORWARDED, AND SO THE GENTLEMAN WHO ACTUALLY HAD HIS NAME UP TO SPEAK WAS 20:21:26 NOT THE ACTUAL SALIM BUT THE GENTLEMAN WITH THE PAPER UP. 20:21:30 SO I THINK HE WOULD SPEAK AND THEN WE'D GO BACK TO THE APPLICANT REBUTTAL. 20:21:40 >> THANK YOU, EVERYBODY. CAN YOU ALL HEAR ME? 20:21:41 OKAY. GREAT. 20:21:46 I'M SORRY, I WAS USING ANOTHER NUMBER I THOUGHT IT WAS THE PUBLIC'S NUMBER, 20:21:49 THIS SEEMS TO BE SALIM'S NAME POPPED UP ON MY SCREEN. 20:21:53 I'M A RESIDENT OF FREMONT FOR THE LAST 25 YEARS AND I'M A REAL ESTATE 20:21:54 BROKER. I'VE BEEN DOING A LOT OF TRANSACTIONS 20:21:59 IN FREMONT FOR A NUMBER OF YEARS NOW. I HAVE BEEN HELPING SABA WITH THIS 20:22:04 TRANSACTION SO THAT'S A DISCLAIMER, I AM A BUYER ON BEHALF OF SABA. 20:22:08 I WANT PO SPEAK ABOUT A COUPLE OF THINGS, NUMBER ONE ABOUT THE HOMELESS 20:22:10 IN FREMONT. I'VE LIVED IN FREMONT FOR OVER 25 20:22:17 YEARS, I'VE SERVED IN THE MOBILITY AND TRANSPORTATION COMMITTEE IN THE CITY 20:22:21 OF FREMONT. THERE IS A BIG PROBLEM IN FREMONT WITH 20:22:26 HOMELESS PEOPLE. THE FACT THAT THERE IS NOT ENOUGH DONE 20:22:31 FOR THEM, SO SABA OUT OF THE BLUE, TO MY SURPRISE FRANKLY SPEAKING, HAS 20:22:33 OFFERED TO DO A SERVICE FOR THE COMMUNITY IN FREMONT. 20:22:38 SO FOR ME AS AN INDIVIDUAL, I'M NOT TALKING AS A REAL ESTATE BROKER BUT AS 20:22:42 AN INDIVIDUAL, IT'S A BIG PLUS. I'VE GONE AROUND TO ALL THESE AREAS 20:22:48 THAT SALIM HAS TALKED ABOUT, WHERE THERE'S SO MANY PEOPLE THAT ARE 20:22:53 HOMELESS, YOU GO RIGHT NOW TO LAKE ELIZABETH AND YOU SEE PEOPLE IN 20:22:55 TENTS. I FEEL VERY EMBARRASSED WHEN I SEE 20:22:59 THAT. I FEEL LIKE BECOMING A CITY COUNCILER 20:23:01 AND CHANGING THE WHOLE FACE OF THIS NEIGHBORHOOD. 20:23:05 HOUSING IN FREMONT ARE $1.2 MILLION YET PEOPLE ARE SLEEPING IN TENTS. 20:23:08 AND I FEEL SHAMED THAT WHEN I SEE SUCH THINGS IN OUR NEIGHBORHOODS. 20:23:13 SO WHAT SABA IS DOING IS ADDRESSING ONE AREA OF THIS HOMELESSNESS, IS 20:23:18 PROVIDING FOOD. HAVING A KITCHEN IS A BIG PLUS FOR 20:23:24 SABA, HAVING A FACILITY FOR THEM TO CATER FOR THAT NEEDY COMMUNITY IS AN 20:23:30 EXCELLENT PLUS FOR OUR SOCIETY. I UNDERSTAND THE NEIGHBOR WHO SPOKE 20:23:33 REGARDING THE MORTUARY, OF COURSE SABA, WHAT I SEE FROM THE MANAGEMENT 20:23:37 PERSPECTIVE AND THE WAIT THEY MANAGE THE ORGANIZATION AND THE SCHOOLS AND 20:23:41 THE TEACHERS AND THE BOARD, FANTASTIC, ONE OF THE BEST PEOPLE I'VE DEALT WITH 20:23:47 IN THE PAST. OF COURSE AS A FINANCIAL TRANSACTION 20:23:50 BUT AS MANAGEMENT STRUCTURE, VERY, VERY WELL ORGANIZED. 20:23:53 I'VE BEEN DEALING WITH THEM FOR ALMOST TWO, THREE MONTHS NOW, THEY ARE THE 20:23:57 RIGHT PEOPLE TO MANAGE THIS LOT THAT WE'RE TALKING ABOUT, THE TWO-ACRE LOT 20:24:01 TO BUILD IT AS A SCHOOL, AS WELL AS DOING COMMUNITY SERVICE. 20:24:06 I MYSELF AS A COMMUNITY MEMBER, NOT AS A REAL ESTATE BROKER, WHOLEHEARTEDLY 20:24:10 SUPPORT THE ORGANIZATION, AND I THINK IT'S A FANTASTIC PROPOSAL TO HAVE IT 20:24:14 AS A SCHOOL -- AS A -- SCHOOL. >> Chair Yee: THANK YOU, YOUR TIME IS 20:24:15 UP. THANK YOU FOR SHARING. 20:24:23 OKAY. SO I GUESS NOW WE GO BACK TO THE 20:24:28 APPLICANT, WHO HAS THREE MINUTES TO SAY ANYTHING FOR THEIR CLOSE. 20:24:32 YES? >> THANK YOU, COMMISSIONER YEE. 20:24:40 MY NAME IS AMIN ADIL QAZI, I'M AN ARCHITECT CONSULTANT FOR SABA. 20:24:49 TRISH, IS IT POSSIBLE TO PULL UP -- I HAVE A PDF, I THINK THAT WILL HELP 20:24:56 ANSWER SOME OF THE QUESTIONS THAT HAVE BEEN RAISED FOR WHY WE ARE CHOOSING 20:25:01 THE URBAN RESIDENTIAL FOR THIS AMENDMENT. 20:25:07 >> Ms. Cordova: OKAY, IS THIS THE ONE THAT HANG SENT TO ME EARLIER? 20:25:09 >> YES. >> Ms. Cordova: I THINK I HAVE THAT. 20:25:11 LET ME GO AHEAD AND TRY. JUST GIVE ME A MOMENT. 20:25:13 THANK YOU. >> OKAY. 20:25:17 ALL RIGHT. SO WHILE TRISH IS PULLING IT UP, I 20:25:29 JUST WANTED TO POINT OUT THAT -- JUST GOING BY, BECAUSE WE KNOW THAT THE 20:25:36 CHANGE HAS TO HAPPEN, THE EXISTING AMENDMENT, THE EXISTING CANNOT STAY 20:25:42 THE WAY IT IS, SO WHAT WE ARE LOOKING TO DO IS WE LOOKED AT THE VISION PLAN 20:25:47 FOR THE CITY OF FREMONT, WE ALSO LOOKED AT THE GENERAL PLAN FOR THE CITY OF 20:25:53 FREMONT, AND ALL OF THOSE INDICATIONS ARE THAT THERE ARE PRIORITY AREAS FOR 20:25:56 THE CITY DEVELOPMENT. TRISH ACTUALLY I CAN SHARE MY SCREEN 20:25:57 IF YOU ALLOW ME TO. IS THAT POSSIBLE? 20:25:59 >> Ms. Cordova: YES, THAT WOULD BE BETTER. 20:26:01 GO AHEAD. >> OKAY, GREAT. 20:26:05 I'LL DO THAT. OKAY. 20:26:11 CAN YOU ALL SEE MY SCREEN? >> Ms. Cordova: OKAY, YES, I CAN SEE 20:26:13 IT. >> OKAY, GREAT, GREAT. 20:26:21 SO I'LL JUST PULL OUT A FEW REASONS FOR WHY WE SELECTED WHAT WE SELECTED. 20:26:28 FIRST OF ALL, IN GENERAL, SINCE THE COUNTY IS SELLING, THERE WAS AN 20:26:32 EXISTING SCHOOL THAT ACTUALLY HAS -- THERE WAS A QUESTION EARLIER, THE 20:26:45 SCHOOL IS ACTUALLY NOT THERE ANYMORE, BUT CHANGING HANDS TO SABA FOR THIS 20:26:51 PROPERTY WILL CONTINUE THE ORIGINAL INTENTION OF THIS AREA, OF THIS 20:26:55 PROPERTY, WHICH SHOULD BE TO CARRY ON THE EDUCATION FORWARD. 20:27:03 THE AFFORDABLE HOUSING HAS BEEN AN IMPORTANT FACTOR IN WHAT SABA HAS BEEN 20:27:10 LOOKING FOR, AND IF WE GO FOR MEDIUM DENSITY, THERE ARE A FEW THINGS THAT 20:27:14 IT DOESN'T ALLOW. WHAT IT DOESN'T ALLOW IS, BECAUSE THE 20:27:24 MEDIUM DENSITY DEVELOPMENT REGULATIONS REQUIRE THE HOUSING TO BE SPREAD OUT, 20:27:32 SO THAT IT TAKES MORE SPACE AND LESS HOUSING THAT DIMINISHES THE 20:27:34 POSSIBILITY OF PROVIDING AFFORDABLE HOUSING. 20:27:40 SO THAT'S ONE. AND THEN THE OTHER THING I NOTED WAS 20:27:45 -- >> Chair Yee: SORRY, UNFORTUNATELY 20:27:47 YOUR TIME IS UP. >> OKAY. 20:27:54 I THINK SOME OF IT WAS -- IF I COULD LIKE HAVE ONE MINUTE MORE, I COULD 20:27:57 COMPLETE THIS. >> Chair Yee: OKAY, MARIA, COULD YOU 20:28:00 -- OR TRISH, COULD YOU ADD ANOTHER MINUTE FOR HIM TO FINISH? 20:28:03 >> DONE. YES. 20:28:07 >> OKAY. THANK YOU, APPRECIATE IT. 20:28:13 SO JUST WANTED TO POINT OUT THAT THIS DEVELOPMENT IS IN SYNC WITH THE CITY 20:28:16 OF FREMONT'S GOALS FOR THE GROWTH IN THIS AREA. 20:28:24 JUST WANTED TO GIVE YOU A PICTURE OF WHAT THE GENERAL PLAN SHOWS, THAT THIS 20:28:31 IS THE AREA, THIS GRAY IS OUR SITE, AND YOU CAN SEE THE FUTURE GROWTH IS THE 20:28:41 TOWN CENTER AT HIGH-DENSITY IS THE PLAN, BEING THE BART AREA ON THE 20:28:46 RIGHT-HAND SIDE IS MOSTLY SINGLE-FAMILY, SO THE MORE DENSITY IS 20:28:53 INTENDED TO BE GOING THIS WAY SO IT SORT OF JIVES WITH THE FUTURE 20:28:56 INTENTIONS. AGAIN, I TOOK A PAGE OUT OF THE VISION 20:29:02 2030. THERE ARE THESE TRANSIT AREAS, 20:29:09 TRANSIT-ORIENTED AREAS THAT ARE SLATED TO BE PRIORITY DEVELOPMENT AREAS, AND 20:29:14 SO THAT'S WHAT I WANTED TO LEAVE YOU AT, IS THAT THIS HIGH-DENSITY URBAN IS 20:29:17 IN LINE WITH THE CITY OF FREMONT. >> Chair Yee: ALL RIGHT, THANK YOU. 20:29:26 NORMALLY WE WOULD HAVE CLARIFYING QUESTIONS FOR THE APPLICANT RIGHT NOW, 20:29:30 BUT BECAUSE I'M SEEING THAT WE'RE ALMOST AT 8:30, WE NEED TO GIVE OUR 20:29:36 STENOCAPTIONER A BREAK. SO LET'S KEEP OUR QUESTIONS IN OUR 20:29:42 MIND, LET'S TAKE OUR 10-MINUTE BREAK, SO LET'S GET BACK AT I GUESS IT LOOKS 20:29:46 LIKE AT 8:39? >> SOUNDS GOOD. 20:29:49 >> Chair Yee: ALL RIGHT. SEE YOU ALL IN ABOUT 10 MINUTES. 20:30:03 >> Planner Pullen: DURING THE BREAK, PLEASE TURN OFF YOUR VIDEO AND 20:30:13 MICROPHONES. >> 20:39:26 [ RECESS ] [ RECESS ] 20:39:31 >> CHAIRMAN YEE, THERE'S GOING TO BE A SOMETIME NOW THAT WHEN THEY CAN SPEAK 20:39:34 OR HOW DOES THAT -- DO WE PUT A TIMER ON? 20:39:39 >> Commissioner Yee: NO NO NO. WE'RE DONE, NOW IT'S GOING TO BE 20:39:40 CLARIFYING QUESTIONS FROM THE COMMISSIONERS. 20:39:42 >> OKAY. ALL RIGHT. 20:40:30 >> Commissioner Yee: YES, UH-HUH. >> CHAIR YE, JUST A HEADS UP. 20:40:37 MY VIDEO IS GETTING A HEADS UP THAT WE CANNOT START BECAUSE THE CHAIR HAS 20:40:41 STOPPED IT. >> Commissioner Yee: TRADITION. 20:40:55 >> I CAN TAKE CARE OF THAT. >> Commissioner Yee: THANKS KHANH. 20:40:59 COMMISSIONER CARDENAS YOU'RE BACK. >> Commissioner Cardenas: IT'S 20:41:13 TOUGH! >> Commissioner Steckler: TRISH YOU 20:41:17 NEED TO START MY VIDEO ALSO PNL THIS IS CRAIG. 20:41:23 >> HI CRAIG I WHAT'S GOING ON? I DIDN'T HEAR THAT. 20:41:25 >> Commissioner Yee: KHANH -- >> WE GOT IT. 20:41:53 >> OKLAHOMA. THIS IS CRAIG. 20:41:55 >> Commissioner Yee: LOOKS LIKE WE HAVE ALMOST EVERYBODY BACK. 20:42:13 I GUESS I WANT TO MAKE SURE I WAIT FOR THE FLICT SO IF THERE IS ANY 20:42:26 CLARIFYING QUESTIONS OF THE APPLICANT. IF THE APPLICANT HERE? 20:42:33 >> AKBER KAZMI IS HERE. CAN YOU HEAR ME? 20:42:35 >> Commissioner Yee: YES. >> THANK GOODNESS. 20:42:38 >> AND THE ARCHITECT IS HERE TOO. >> Commissioner Yee: OKAY GREAT. 20:42:43 I THINK WE CAN RESUME THE MEETING AND JOEL I THINK YOU SAID YOU WANTED TO 20:42:46 ANNOUNCE SOMETHING. >> Planner Pullen: YES, JUST REALLY 20:42:49 BRIEFLY CHAIR. I JUST WANTED TO NOTE THAT WE DID HEAR 20:42:53 THE CONCERNS ABOUT THE LIVE STREAM FROM THE MEMBERS OF THE PUBLIC AND WE ARE 20:42:59 HAVING THAT I.T. ISSUE LOOKED INTO. IN THE MEANTIME WE DO HAVE THE ABILITY 20:43:03 FOR PEOPLE TO FULLY PARTICIPATE BY VIDEO AND TO CONTRIBUTE TO THE MEETING 20:43:07 HERE ON ZOOM AND THERE WILL BE A ZOOM RECORDING AVAILABLE AFTER THE 20:43:10 MEETING. AS WITH EVERYTHING DURING THE PANDEMIC 20:43:13 WE LEARN TO DEAL WITH TECHNOLOGY THE AND IT IS ONE LITTLE MORE CHALLENGE 20:43:18 TONIGHT BUT WE TRY TO GET THROUGH IT AND I THINK EVERYBODY'S -- IMPORTANT 20:43:21 THING, EVERYBODY IS ABLE TO PARTICIPATE. 20:43:25 SO WITH APOLOGIES, BACK TO YOU. >> Commissioner Yee: OKAY, THANK 20:43:27 YOU. SO WITH THAT ARE THERE ANY CLARIFYING 20:43:38 QUESTIONS FROM THE COMMISSION TO THE APPLICANT? 20:43:43 I DON'T SEE ANY RAISED HANDS. OKAY. 20:43:47 SO WITH THAT, THEN I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THIS 20:43:49 ITEM. AND THEN GO TO LET'S BRING IT IMPACT 20:43:53 TO THE COMMISSION TO ASK ANY QUESTIONS OF STAFF. 20:43:57 ANY QUESTIONS YOU WANT TO ASK OF STAFF? 20:44:02 OKAY COMMISSIONER DAULTON, I SEE YOUR HAND RAISED. 20:44:03 >> Commissioner Daulton: THANK YOU CHAIR. 20:44:08 SO A COUPLE OF ISSUES WITH THIS PROJECT. 20:44:20 I MEAN, MY ORIGINAL THOUGHTS ABOUT THE URBAN DENSITY WAS THAT IT SEEMED LIKE 20:44:27 A LOT FOR A SITE WHICH -- WELL, AT LEAST IN THE CASE OF LIKE THE FREMONT 20:44:31 HABITAT PROJECT, WE CONSIDERED THAT THERE SHOULD 20:44:38 BE AN ELEMENT OF WHAT I BELIEVE JOEL CALLED FEATHERING INTO THE LOWER 20:44:44 COMMUNITY IN THE SURROUNDING AREA. FROM THE HIGH DENSITY. 20:44:54 AND SO WHEN THIS -- THIS APPLICANT ASKED FOR THE MAXIMUM, IT SEEMED LIKE 20:45:06 I WAS WORRIED BECAUSE I DIDN'T KNOW EXACTLY WHO I WAS TALKING TO AT THE 20:45:10 BEGINNING. I WAS WORRIED THIS WAS A COMPLAIIVE 20:45:19 SPECK LA TIFF SITUATION, OR INCENTIVIZING THE NEW OWNERS. 20:45:23 NOW I SEE THESE GENTLEMEN WHO I KNOW QUITE WELL THROUGH THE COMMUNITY, I NO 20:45:28 LONGER HAVE THAT ISSUE. BUT HEARING THE CONCERNS OF THE 20:45:32 MORTUARY ACROSS THE STREET, I THINK THAT'S A VERY REAL ISSUE. 20:45:40 I MEAN, I KNOW IF I WAS ON THE FIFTH FLOOR OF AN APARTMENT, SENIOR CENTER 20:45:45 OR WHATEVER, I WOULDN'T WANT TO LOOK DOWN THE CHIMNEY OF THE MORTUARY 20:45:48 ACROSS THE STREET DOING SIX CREMATIONS A 20:45:53 DAY. SO MY QUESTION IS: IS THERE A WAY WE 20:46:00 CAN, IN THE FURTHER PROCESS OF THIS, MAKE SURE THAT PERHAPS THE SCHOOL IS 20:46:06 IN THE FRONT OF THE LOT, AND ANY HIGHER BUILDING IS IN THE BACK? 20:46:09 I REALIZE THAT IS A DESIGN CONSIDERATION THAT MAYBE IS GOING TO 20:46:17 HAVE TO BE HANDLED BY STAFF. AND ALSO, GIVEN THAT THIS APPLICATION 20:46:22 SORT OF HINGES ON THE DESIRE FOR WHAT STAFF CALLS FUTURE HOUSING FOR 20:46:28 TEACHERS, SENIORS AND OTHER COMMUNITY GROUPS INCLUDING AFFORDABLE HOUSING IS 20:46:30 THERE GOING TO BE A WAY WE CAN RESTRICT THEM 20:46:41 TO THOSE USES? SO I GUESS THAT WAS TWO QUESTIONS. 20:46:43 >> Planner Pullen: SO I JUST WANT TO CLARIFY. 20:46:46 IS THIS A QUESTION OF STAFF OR IS THIS A CLARIFYING QUESTION TO THE 20:46:51 APPLICANT? I WASN'T SURE WHAT WAS LED UP TO 20:46:52 THAT. >> Commissioner Daulton: TO STAFF. 20:46:56 >> Commissioner Yee: WE ARE ASKING QUESTIONS OF STAFF. 20:46:58 P.E. SEEMED LIKE -- >> Commissioner Daulton: I CAN 20:47:01 CONDENSE IT. >> Planner Pullen: NO, NO, I GOT THE 20:47:05 POINT AND LEGALITY THE PLANNER TAKE A STAB AT IT TOO BUT LET ME ANSWER THE 20:47:09 SECOND ONE FIRST. ONCE YOU -- TONIGHT JUST TO CLARIFY 20:47:12 AND I KNOW YOU'RE AWARE. THIS IS JUST AUTHORIZING THE FILING OF 20:47:17 A GENERAL PLAN NUTRITION. YOU'D BE MAKING THE RECOMMENDATION AND 20:47:21 ULTIMATELY THE COUNCIL DECIDING WHETHER TO LET THEM FILE THE GENERAL 20:47:24 APPLICATION FOR URBAN RESIDENTIAL. >> Commissioner Daulton: YES. 20:47:33 >> Planner Pullen: IN CONJUNCTION WITH THAT FORMAL APPLICATION, THERE 20:47:37 WOULD BE IMPACTS ON THE ENVIRONMENT AND ALSO TECHNICAL REVIEW OF COMATIBILTY 20:47:43 COMPATIBILITY OF A PROPOSED DEVELOPMENT WITH EXISTING 20:47:49 GENERATORS AROUND THE PROJECT AND ISSUES, EXISTING TRAFFIC, EXISTING 20:47:52 HAZARDOUS MATERIALS ALL THAT THING WOULD BE RESERVED FOR THAT POINT AND 20:47:58 WE CAN'T TONIGHT SPECULATE ON WHAT THAT MIGHT BE. 20:48:04 IT MIGHT BE THAT SOME ONSITE RELATED ADJUSTMENT COULD PARTIALLY OR TOTALLY 20:48:08 MITIGATE SOME SORT OF OFFSITE IMPACTS. WE DON'T KNOW THAT BECAUSE WE HAVEN'T 20:48:11 DONE STUDIES AND WE DON'T KNOW THE EXTENT TO WHICH THE GROWTH PLANS OF 20:48:22 THE CREMATORY OR NOT AND AIM ALL THOSE FACTORS, WHETHER THINGS DONE ON THE 20:48:26 CREMATORY TO REDUCE THOSE ISSUES ISSUES, THERE ARE A LOT OF FACTORS WE 20:48:29 WOULD HAVE TO LOOK AT. BUT COMING BACK TO YOUR POINT. 20:48:35 NO, IF THE SITE IS REDESIGNATED ULTIMATE REPLY TO URBAN RESIDENTIAL 20:48:43 ULTIMATELY TO URBAN RESIDENTIAL THERE WOULDN'T BE A WAY NOR THE CITY TO 20:48:49 CONTROL WHAT KIND OF PROJECT, AS LONG AS THAT PROJECT 20:48:55 FIT WITHIN THE DESIGNATION RULES. THIS APPLICANT GAVE A LIST OF THINGS 20:49:01 THEY WANTED TO DO WITH THE SITE, BUT IF THE SITE WERE TO BE CONVERTED OVER TO 20:49:05 -- LET'S SAY THE GENERAL PLAN AMENDED WERE TO BE PROPOSED AND THAT WERE TO 20:49:07 BE APPROVED AT SOME LATER DATE THEN 20:49:12 RESIDENTIAL USES WOULD BE GENERALLY AVAILABLE AT THE FULL RANGE OF WHAT'S 20:49:15 AVAILABLE IN THE GENERAL PLAN DESIGNATION. 20:49:22 I THINK THAT ANSWERED THE FIRST PART, DID I ANSWER THE SECOND PART TOO? 20:49:24 OR IS THERE -- >> Commissioner Daulton: I THINK YOU 20:49:27 DID. I'M LOOKING FOR A SITUATION WHICH, 20:49:31 WITHIN A DESIGN REVIEW OF A PROJECT LIKE THIS THE STAFF COULD MAKE SURE 20:49:40 THAT THERE'S A CERTAIN LOGIC TO THE PLACEMENT OF THE LOWER BUILDINGS IN 20:49:44 THE FRONT AND HIGHER BUILDINGS IN THE BACK SO WE DON'T HAVE 20:49:48 THE ISSUE SO MUCH WITH THE CREMATORIUM BUT I THINK YOU ANSWERED THAT AND WHAT 20:49:51 YOU'RE TELLING ME IS NO YOU CAN'T REALLY DO THAT BECAUSE ANY RESIDENTIAL 20:49:54 USE WOULD THEN BE PERMITTED ON THE SITE, AS LONG 20:49:57 AS IT CONFORMS TO THE ZONING. >> Planner Pullen: YES. 20:50:03 THE SHORT ANSWER IS, WE DON'T KNOW THE EXTENT OWHICH AN EXISTING OFFSITE USE 20:50:07 WOULD CREATE CONSTRAINTS FOR A PROJECT. 20:50:10 BECAUSE WE DON'T HAVE DID ENVIRONMENTAL FOR THE GENERAL PLAN AMENDMENT DONE 20:50:14 YET AND WE DON'T HAVE THE PROJECT IN FRONT OF US AND WE DON'T KNOW THE 20:50:21 TECHNICAL ASPECTS OF THE CREMATORY IT CIVIL SO. 20:50:24 >> Commissioner Daulton: OKAY, THANK YOU. 20:50:30 >> Commissioner Yee: COMMISSIONER CARDENAS I SEE YOUR HAND WAS UP NEXT. 20:50:33 >> Commissioner Cardenas: YOU KNOW WHAT JOEL I THINK I WAS A LITTLE BIT 20:50:38 HUNG UP ON WHAT COMMISSIONER DAULTON BROUGHT UP AND THAT WS THE CREMATORY 20:50:41 PIECE FOR ME IT SPARKED A COUPLE OF QUICK CONCERNS, 20:50:42 RIGHT? I LOVE THE DIRECTION OF THIS PROJECT. 20:50:47 I LOVE ALL THE DOING WELL AND DOING GOOD THAT THIS PROJECT DOES FOR THE 20:50:54 CITY OF FREMONT. BUT THE -- I'M NOT AN EXPERT IN THE 20:50:57 ENVIRONMENTAL SIDE OF THINGS. BUT I DO -- YOU KNOW, I KNOW THAT 20:51:02 THERE'S MAYBE IT'S SPECULATION, THAT, YOU KNOW, IF YOU PUT SOMEONE ON A 20:51:06 FIFTH FLOOR AND THEY'RE GETTING ANY OF THAT SMOKE COMING FROM THE CREMATORY 20:51:11 COULD THAT BE AN ENVIRONMENTAL ISSUE, COULD THAT, YOU 20:51:15 KNOW, CREATE MAYBE AEVEN SOME TYPE OF HEALTH ISSUES. 20:51:18 SO I MEAN THAT WAS THE PART THAT I WAS A LITTLE BIT CONCERNED ABOUT WHEN I 20:51:22 WAS HEARING THAT. AND I STARTED TO DO A LITTLE BIT OF 20:51:27 RESEARCH JUST A QUICK, YOU KNOW, IS THERE AIR POLLUTANTS OR WHATEVER, THAT 20:51:30 -- MAYBE I'M OVERTHINKING THAT PIECE OF IT. 20:51:37 I JUST WANT TO MAKE SURE THAT WHAT WE'RE APPROVING IS GOING TO BE 20:51:41 SOMETHING SAFE FOR FUTURE RESIDENTS. >> Planner Pullen: LET ME ANSWER 20:51:45 YOUR QUESTION, SETTING THE STAGE FOR WHAT KIND OF ANALYSIS WOULD BE DONE. 20:51:49 AGAIN THIS IS -- THE BETTER QUESTION HERE TONIGHT IS I THINK REALLY DO YOU 20:51:53 SEE MERIT IN THE APPLICATION FOR THE GENERAL PLAN AMENDMENT SCREENING 20:51:57 PROCESS FOR THE BULLETS ON THAT POLICY, AND ARE YOU 20:52:01 INTERESTED IN THEN MOVING FORWARD TO DO THE ANALYSIS THAT WOULD LEAD TO A 20:52:04 GENERAL PLAN AMENDMENT? BUT JUST TO DIG INTO THE ENVIRONMENTAL 20:52:10 A LITTLE BIT, THE ISSUE, THE MAIN ISSUE WITH THE CREMATORY AS I UNDERSTAND IT 20:52:19 IS, THERE IS AN INCREASED CANCER RISK ASSOCIATED WITH THE BURNERS THAT 20:52:23 COULD EITHER BE ABOVE A STANDARD OR BELOW A 20:52:27 STANDARD DEPENDING ON THE DISTANCE FROM IT AND THE TYPE OF USE AND ET CETERA. 20:52:31 AND AS A TECHNICAL REPORT THAT HAS TO BE RUN, THE CITY WOULD BE INVOLVED 20:52:37 WITH THAT AS IT RELATES TO LAND USES IN OUR JURISDICTION, THE BAY AREA AIR 20:52:39 QUALITY MANAGEMENT DISTRICT IS INVOLVED 20:52:43 MORE BROADLY WITH PERMITTING AND I'M SURE THE OWNER OF THAT COULD YOU KNOW, 20:52:46 COULD TALK AT LENGTH ABOUT THEIR EXPERIENCE OVER THE YEARS WITH THOSE 20:52:50 PROCESSES. BUT JUST TO BREAK IT DOWN AGAIN FOR 20:52:53 OUR PURPOSE. WE DON'T HAVE ENOUGH INFORMATION 20:52:58 TONIGHT AND WE CAN'T SPECULATE ON WHAT KIND OF IMPACTS WOULD BE ABLE TO BE 20:53:01 MITIGATED OR NOT MITIGATED. THAT'S ALL SOMETHING THAT WOULD BE 20:53:10 LOOKED AT WITH A FORMAL APPLICATION. >> Commissioner Yee: ALL RIGHT, 20:53:12 COMMISSIONER McDONALD YOU HAVE YOUR HAND RAISED. 20:53:21 >> Commissioner McDonald: THANK YOU. JOEL, I DON'T WANT TO PILE ON. 20:53:37 BUT I HAVE A COUPLE OF ISSUES GOING BACK TO THE SAME -- THE THE ISSUE. 20:53:45 ON OSGOOD BETWEEN THAT ROCK AND SAND -- I DON'T KNOW WHAT THEY CALL IT, ROCK 20:53:50 YARD OR STONE YARD, WHATEVER IT IS. >> Commissioner Yee: TRICITY ROCK. 20:53:54 >> Commissioner McDonald: AND THE GAS PLACE NEXT DOOR AND I'VE HEARD A LOT 20:54:02 OF COMPLAINTS ABOUT NOISE AND THE POLLUTION COMING FROM THE ROCK TRICITY 20:54:05 ROCK AND I MEAN THAT ROCK PLACE WAS THERE YEARS 20:54:10 BEFORE THE SCHOOL WAS BUILT AND I'M SURE A STUDY WAS DONE THERE AND THE 20:54:14 PARENTS ARE STILL COMPLAINING. SO I MEAN, I KNOW STUDIES ARE BEING 20:54:20 DONE TO MITIGATE THESE ISSUES, BUT IN THE END, YOU KNOW, THESE THINGS 20:54:31 HAPPEN. RIGHT? 20:54:40 SO HOW DO WE MINIMIZE IMOALT KINDS OF IMPACT, ONCE WE APPROVE THIS THEN IT'S 20:54:44 AN ENTITLEMENT AND WE CAN'T RESTRICT FURTHER. 20:54:48 THAT'S REALLY MY BIGGEST CONCERN. I MEAN I THINK THIS APPLICANT IS DOING 20:54:52 AN AMAZING JOB, OFFERING ALL KINDS OF BENEFITS TO THE COMMUNITY. 20:54:55 I THINK THEY'RE VERY SINCERE IN THEIR, YOU KNOW, INTENT. 20:55:04 AND I HAVE NO QUALMS ABOUT TRYING TO WORK WITH THEM TO TRY TO PROVIDE THE 20:55:07 BEST FOR THAT LOT. I'M JUST WONDERING ESPECIALLY IN THE 20:55:12 SHORT TERM WHERE THEY -- I MEAN I WOULD ASSUME THAT THEY'RE NOT GOING TO BREAK 20:55:16 GROUND OR TRY TO BREAK GROUND IMMEDIATELY ON HOUSING, THAT THIS IS A 20:55:19 FINANCIALLY, YOU KNOW, HIGH HURDLE, I WOULD THINK 20:55:24 THAT THEY ARE GOING TO USE THE EXISTING FACILITIES TO THE BEST OF THEIR 20:55:41 ABILITY AS QUICKLY AS POSSIBLE AND I NOID WHEN MR. SUMMER LYNN FIRST SPOKE, 20:55:47 HE MENTIONED THEY ARE DID APPLYING FOR AN EMERGENCY 20:55:49 C.U.P. I'M SORRY THAT KIND OF CONFUSED ME. 20:55:53 CAN THEY DO SOMETHING LIKE THAT TO MOVE FORWARD IMMEDIATELY? 20:55:57 >> Planner Pullen: THERE'S A LOT TO UNPACK FROM YOUR QUESTION SO I'LL TRY 20:56:00 ONE MORE TIME WITH THE ENVIRONMENTAL QUESTION BECAUSE I THINK IT'S 20:56:03 SOMETHING THAT I CAN SEE PEOPLE ARE TRYING TO GET THEIR 20:56:05 MIND AROUND. AND AGAIN, THE MAIN POINT I WANT TO 20:56:08 MAKE IS THAT THAT ALL WOULD BE DONE WITH THE FORMAL APPLICATION. 20:56:19 IF YOU WERE INTERESTED IN BROADLY -- IN THE PROJECT SIDE OR IN THE LAND USE 20:56:23 OF THE PROPERTY GOING IN A PUBLIC FACILITY TO AN URBAN RESIDENTIAL 20:56:26 DESIGNATION, AND THEN YOU MAKING YOUR DECISION 20:56:28 TONIGHT WOULD JUST BE SAYING EXPLORE IT. 20:56:32 YOU KNOW SUBMIT AN APPLICATION AND SO IT CAN BE CONSIDERED. 20:56:37 TO BE CLEAR, A SCHOOL ON AN URBAN RESIDENTIAL SITE REQUIRES A C.U.P. 20:56:44 A C.U.P. REQUIRES ENVIRONMENTAL REVIEW, REQUIRES BOTH THE ANALYSIS OF THE 20:56:50 IMPACT OF THE PROJECT ON THE SURROUNDINGS AND ALSO ANALYSIS OF THE 20:56:53 PROJECTS'S CONFORMANCE WITH THE GENERAL PLAN, GENERAL PLAN 20:56:58 CONTAINS STANDARDS FOR HEALTH SUCH AS MAXIMUM RISK ON THE USE, ET CETERA. 20:57:03 AND THAT'S THE VENUE WHERE WE WOULD GET INTO THESE TECHNICAL ASPECTS AND IT 20:57:08 MAY BE THAT ULTIMATELY PLANNING COMMISSION COULD CHOOSE TO DENY A 20:57:12 CONDITIONAL USE PERMIT JUST LIKE YOU DO FOR OTHER USES, 20:57:15 SCHOOLS ARE SUBJECT TO YOUR DISCRETION. 20:57:22 THERE IS NO SUCH THING IN OUR PLANNING RULES AS AN EMERGENCY CONDITIONAL USE 20:57:27 PERMIT FOR A FACILITY LIKE A SCHOOL TO BE ESTABLISHED. 20:57:31 TO ANSWER THAT QUESTION. AND CONDITIONAL USE PERMITS ARE 20:57:36 SUBJECT TO PLANNING COMMISSION REVIEW AND NOT CITY COUNCIL REVIEW, EXCEPT ON 20:57:40 APPEAL. AND THEN, THE OTHER PIECE TO YOUR 20:57:46 QUESTION, YOU'RE TALKING ABOUT SORT OF, IT'S ALSO TALKING ABOUT THIS SECOND -- 20:57:51 THIS SECOND ANALYSIS. AND I JUST WANT TO COME BACK TO THE 20:57:57 ANALYSIS TONIGHT IS BY ORDER OF THE GENERAL PLAN SCREENING POLICY, ADOPTED 20:58:00 BY CITY COUNCIL, IS THAT WE DON'T DO ANALYSIS. 20:58:06 WE ASK YOU IF YOU'RE INTERESTED AND THEN, MOVING FORWARD, TOWNSHIP THEY 20:58:10 AT WHICH POINT THEY WOULD DO THE ANALYSIS. 20:58:14 I WANTED TO PAINT A LITTLE PICTURE WHAT THAT WOULD LOOK LIKE SO YOU COULD KIND 20:58:19 OF SEE WHAT WOULD BE THAT NEXT STAGE. BUT THAT'S THE ANSWER AS RELATES TO 20:58:23 SCHOOL. AS RELATES TO HOUSING, SAME THING, 20:58:27 HOUSING HAS TO BE CONFORMING THE GENERAL PLAN, IT ALSO HAS TO GO 20:58:30 THROUGH ENVIRONMENTAL REVIEW. IT DIFFERS ON THE TYPE OF HOUSING WHAT 20:58:33 KIND OF ENVIRONMENTAL REVIEW AND PROCESS AND OWNERSHIP ET CETERA BUT 20:58:38 THAT'S ALL FOR A LATER CONVERSATION. RIGHT NOW YOU'RE BEING ASKED TO GIVE 20:58:41 AN UP OR DOWN RECOMMENDATION ON WHETHER YOU THINK THAT THE APPLICANT SHOULD BE 20:58:47 ALLOWED TO PROCEED WITH THE GENERAL PLAN AMENDMENT APPLICATION TO URBAN 20:58:47 RESIDENTIAL. 20:58:53 >> Commissioner McDonald: OKAY. WELL THEN JOEL, I'M CONVINCED THAT I 20:58:58 THINK THE MERITS OF THIS PROJECT WARRANT FURTHER INVESTIGATION. 20:59:05 AND I WOULD LIKE TO MOVE STAFF'S RECOMMENDATION TO EXPLORE THIS 20:59:07 PROJECT. >> Commissioner Daulton: SECONDED. 20:59:16 >> Commissioner Yee: OKAY. SO I'VE GOT A -- WE'RE RIGHT INTO THE 20:59:19 DELIBERATION SO I GUESS JOEL I HAVE A MOTION AND SECOND. 20:59:24 >> Planner Pullen: OKAY. SO THE MOTION ON THE FLOOR BY 20:59:30 COMMISSIONER McDONALD AND THE SECOND BY COMMISSIONER DAULTON, IS TO MOVE THAT 20:59:34 THE CITY COUNCIL OR RECOMMEND THE CITY COUNCIL ALLOW THE GENERAL PLAN 20:59:38 AMENDMENT TO PROCEED. WHEN I CALL YOUR NAME, FLEECE STATE 20:59:41 YOUR VOTE. CHAIR YEE,. 20:59:43 >> Planner Pullen: >> Commissioner Daulton: I'M SORRY. 20:59:46 ARE WE GOING TO HAVE A LITTLE DISCUSSION ABOUT THE MOTION OR DOES 20:59:48 ANYONE NEED ANY DISCUSSION ABOUT THE MOTION? 20:59:57 I JUST WANTED TO ADD THAT YOU KNOW, WHEN I LOOKED DOWN THE LIST OF THE 21:00:03 SCREENING POLICY THAT THIS DEFINITELY QUALIFIES IN TERMS OF THE LOCATION. 21:00:10 DID LOCATION PRIORITY DEVELOPMENT PART OF THE SCREENING POLICY AND I THINK 21:00:19 MYSELF, MY MAIN INTEREST IN THIS PROJECT IS TO SEE SOME HOUSING IN THE 21:00:22 TOD BEHIND THIS SCHOOL OR SOMEWHERE ASSOCIATED WITH 21:00:25 THIS SCHOOL. THAT'S WHY I'M INTERESTED IN THIS 21:00:30 PROJECT. I MEAN THE SABA PEOPLE ARE GREAT 21:00:33 PEOPLE AND OBVIOUSLY ARE DOING GREAT WORK WHICH IS ANOTHER CONSIDERATION. 21:00:40 BUT OUR GENERAL PLAN FOR THE THE THE IRVINGTON TOD IS LOOKING FOR HOUSING 21:00:44 ON THIS LOT ESSENTIALLY AND THE THAT'S WHY I SECONDED THE MOTION. 21:01:01 >> Commissioner Yee: OKAY, JOEL, ARE YOU THERE? 21:01:03 >> Planner Pullen: WE'RE GOING TO DO THE VOTE, CHAIR. 21:01:06 ANY OTHER COMMENTS? >> Commissioner Yee: I GUESS BEFORE 21:01:10 WE DO THAT I'M GUESSING THAT YOU CLARIFIED THAT EVEN IF WE DECIDE TO GO 21:01:15 FORWARD WITH THIS, THAT THERE WILL BE OTHER CHECKS TO TAKE A LOOK TO SEE 21:01:18 THAT FROM AN ENVIRONMENTAL STANDPOINT, IF THINGS 21:01:35 NEED TO BE CHANGED IN ORDER TO CONFORM. 21:01:37 >> THAT WOULD BE THE SCOPE OF THE VOTE. 21:01:41 I'LL CONTINUE WITH THE VOTE. WHEN I CALL YOUR NAME PLEASE STATE 21:01:46 YOUR VOTE, BEGINNING WITH CHAIR YEE. >> Commissioner Yee: YES. 21:01:49 >> Planner Pullen: VICE CHAIR RAO IS ABSENT. 21:01:55 THIS IS A VOTE RECOMMENDING THE GENERAL PLAN AMENDMENT BE ACCEPTED AND ABLE TO 21:01:58 PROCEED. VICE CHAIR RAO IS ABSENT. 21:02:03 COMMISSIONER McDONALD. >> Commissioner McDonald: AYE. 21:02:05 >> Planner Pullen: COMMISSIONER STECKLER. 21:02:08 de AYE. >> Planner Pullen: COMMISSIONER 21:02:11 CARDENAS. >> Commissioner Cardenas: YES LET'S 21:02:15 EXPLORE IT. >> Planner Pullen: COMMISSIONER 21:02:17 DAULTON. >> Commissioner Daulton: AYE. 21:02:24 >> Planner Pullen: AND COMMISSIONER LIU. 21:02:29 >> Commissioner Liu: AYE. >> Planner Pullen: THE COUNCIL WOULD 21:02:35 HEAR THIS ITEM TENTATIVELY SCHEDULED FOR THIS HEARING IN SEPTEMBER. 21:02:38 AND THEN THEY WOULD MAKE THE FINAL DECISION. 21:02:40 BACK TO YOU CHAIR. >> Commissioner Yee: ALL RIGHT, 21:02:42 THANK YOU. SO LET'S I GUESS WITH THAT LET'S MOVE 21:02:49 ON TO THE NEXT ITEM ON OUR AGENDA. WOULD YOU PLEASE READ THAT AGENDA 21:02:51 ITEM? THE SECOND ONE, JOEL? 21:02:55 >> Planner Pullen: YES CHAIR. SO ITEM 2 TONIGHT IS THE AFFORDABLE 21:03:00 HOUSING ORDINANCE UPDATE. THIS IS A CITYWIDE PROJECT UPDATE OUR 21:03:04 ORDINANCE. IT IS TO CONSIDER AN UPDATE OF THE 21:03:09 AFFORDABLE HOUSING ORDINANCE WHICH IS IN FREMONT MUNICIPAL CODE CHAPTER 18.1 21:03:14 GIEF AND TO CONSIDER EXEMPTIONS FROM THE REQUIREMENTS OF CEQA, BASED ON 21:03:20 CEQA GUIDELINE SECTION 15.162 AND 15.183 AND ALSO 21:03:29 SCWAZ GUIDELINES SECTION 15.061B 3 THE GENERAL RECOMMENDED ACTION. 21:03:35 THE RECOMMENDATION SO RECOMMEND ZONING ACTION TO THE CITY COUNCIL. 21:03:42 HERE TO GIVE PRESENTATIONS IS PLANNER HUGHES YAH HUGHES AND THE DIRECTOR OF 21:03:51 COMMUNITY DEVELOPMENT DAN S SCHOENHOLZ. 21:04:00 >> Dan Schoenholz: I'LL TAKE THAT AS A QUEUE TO GET STARTED. 21:04:09 AS WAS MENTIONED, I'M IS DANNY SCHOENHOLZ. 21:04:23 KEYSER-MARSTON IS ALSO WITH US TONIGHT. 21:04:28 I'LL GO OVER BACKGROUND AND HISTORY RELATED TO THE AFFORDABLE HOUSING 21:04:32 ORDINANCE AND DESCRIBE THE DIRECTION THAT STAFF RECEIVED FROM CITY COUNCIL 21:04:36 AT WORK SESSION EARLIER THIS YEAR AND THEN LUCIA WILL 21:04:40 GO THROUGH THE REVISIONS BEING PROPOSED AND THE NEXT STEPS AND THEN WE'LL LOOK 21:04:42 FORWARD TO YOUR QUESTIONS AND YOUR FEEDBACK. 21:04:54 NEXT SLIDE PLEASE. WE WANTED TO PROVIDE A HISTORY OF 21:04:57 FREMONT'S AFFORDABLE HOUSING ORDINANCE JUST TO SET SOME CONTEXT. 21:05:02 PRIOR TO 2002, THE CITY DIDN'T REQUIRE NEW MARKET RATE PROJECTS TO PROVIDE 21:05:05 ANY AFFORDABLE UNITS OR AFFORDABLE HOUSING FEES. 21:05:12 UNTIL THAT TIME, AFFORDABLE HOUSING WAS FUNDED IN FREMONT THROUGH SUBSIDIES 21:05:15 FROM THE REDEVELOPMENT AGENCY AND THROUGH VARIOUS STATE AND FEDERAL 21:05:21 FUNDING PROGRAMS. THEN IN 2002, THE CITY'S FIRST 21:05:25 INCLUSIONARY HOUSING ORDINANCE WAS ADOPTED AND IT REQUIRED RESIDENTIAL 21:05:30 PROJECTS WITH SEVEN OR MORE UNITS TO RESERVE 15% OF THE UNITS AS 21:05:36 A AFFORDABLE. AND UNDER THAT ORDINANCE BETWEEN 2002 21:05:42 AND 2010, 343 MODERATE INCOME OWNERSHIP HOUSING UNITS WERE PRODUCED UNDER THE 21:05:47 ORDINANCE. THEN, IN 2010, THE CITY COUNCIL 21:05:51 ADOPTED A REVISED ORDINANCE, IT WAS RENAMED THE AFFORDABLE HOUSING 21:05:58 ORDINANCE, AND THIS REVISED ORDINANCE ALLOWED FOR PAYMENT OF FEES IN LIEU OF 21:06:00 PROVIDING ONSITE UNITS. 21:06:05 AND THE GOAL WAS TO PROVIDE MORE FLEXIBILITY TO DEVELOPERS AND ALSO TO 21:06:10 MAKE POSSIBLE GENERATING FUNDING FOR LOWER INCOME PROJECTS RATHER THAN 21:06:17 CREATING MODERATE INCOME UNITS ONLY. THIS ORDINANCE WAS ADOPTED KIND OF 21:06:22 RIGHT IN THE THICK OF THE GREAT RECESSION AND SO THERE WASN'T A LOT OF 21:06:26 CONSTRUCTION GOING AN DURING THE LIFE OF THE ORDINANCE BUT THIS VERSION OF 21:06:30 THE ORDINANCE DID RESULTS IN A FEW ONSITE UNITS BEING 21:06:36 PRODUCED AS WELL AS GENERATING SEVERAL MILLION DOLLARS THAT HELPED FUND 75 21:06:41 OFFSITE AFFORDABLE HOUSING UNITS. THEN IN 2012, THE STATE ELIMINATED 21:06:45 REDEVELOPMENT. WHICH TOOK AWAY WHAT, AT THE TIME, WAS 21:06:51 THE MAIN FUNDING SOURCE FOR SUBSIDIZING LARGE MULTIFAMILY AFFORDABLE 21:06:56 PROJECTS. NEXT SLIDE PLEASE. 21:07:03 IN 2015, THE ORDINANCE WAS UPDATED ONCE AGAIN AND ONE OF THE MOTIVATIONS WAS 21:07:08 TO INCREASE FEES AS MUCH AS WAS LEGALLY JUSTIFIABLE, TO HELP US MEET OUR 21:07:11 AFFORDABLE HOUSING NEEDS, AND THIS WAS ESPECIALLY 21:07:16 IMPORTANT SINCE WE NO LONGER HAD REDEVELOPMENT, TO FUND THE DEVELOPMENT 21:07:20 OF LOWER INCOME UNITS. ANOTHER GOAL, WHEN IT WAS ADOPTED, 21:07:26 WAS TO TRY AND DESIGN THE ORDINANCE TO NOT ONLY GENERATED REVENUES BUT IT 21:07:33 ALSO ENCOURAGED SOME DEVELOPMENT OF MODERATE INCOME UNITS, A HYBRID 21:07:35 OPTION WHERE THEY COULD PRODUCE MODERATE 21:07:41 INCOME UNITS AND PAY A LOWER FEE RATHER THAN PAYING FEES ONLY OR BUILDING 21:07:46 INCLUSIONARY UNITS ONLY. WE ALSO STRUCTURED THE 2015 ORDINANCE 21:07:54 IN RECOGNITION OF A COUPLE OF COURT CASES AT THAT TIME THAT HAD THROWN 21:08:00 INTO QUESTION THE CITY'S ABILITY TO INCLUDE INCLUSIONARY UNITS AT ALL. 21:08:04 THIS LED TO BE VERY COMPLEX AS WE TRIED TO WORK AROUND THE RESTRICTIONS IN 21:08:09 THESE VARIOUS LEGAL ACTIONS. FORTUNATELY SINCE 2015 THE LEGAL 21:08:14 LANDSCAPE HAS BEEN CLARIFIED AS COURTS AND THE STATE LEGISLATURE HAVE FIRMLY 21:08:18 ESTABLISHED THE ABILITY OF LOCAL GOVERNMENTS TO REQUIRE INCLUSIONARY 21:08:23 UNITS. SO THE CITY NOW HAS MORE DISCRETION IN 21:08:27 OUR CURRENT UPDATE TO SIMPLIFY THE ORDINANCE AND DETERMINE WHAT OPTIONS 21:08:32 WE WANT TO INCLUDE. I WOULD NOTE THAT THE CURRENT VERSION 21:08:43 OF THE ORDINANCE MASS RESULTED IN THE CREATION OF 846 AFFORDABLE UNITS 21:08:48 BETWEEN 2018 AND 2020, WITH HUNDREDS MORE IN THE PIPELINE, SO IT'S BEEN 21:08:52 QUITE SUCCESSFUL RELATIVE TO OTHER VERSIONS EVIDENT 21:08:54 ORDINANCE. MOST OF THE ARE UNITS HAVE BEEN 21:09:03 TARGETED TO LOW EXTREMELY LOW AND VERY LOW RESIDENTS AND MANY FEW MODERATE 21:09:06 INCOME UNITS HAVE BEEN PRODUCED. THAT'S A BIT OF BACKGROUND. 21:09:09 WHEN COUNCIL GAVE US DIRECTION TO INITIATE THE CURRENT UPDATE OF THE 21:09:11 PLAN, WE ESTABLISHED A FEW BASIC GOALS. 21:09:16 ONE WAS TO INCREASE RESOURCES FOR AFFORDABLE HOUSING, ANOTHER WAS TO 21:09:21 REFLECT THE UPDATED LEGAL FRAMEWORK AND THE THIRD WAS TO CLARIFY AND SIMPLIFY 21:09:25 THE ORDINANCE WHERE WE COULD. NEXT SLIDE, PLEASE. 21:09:32 SO AS A FIRST STEP IN THE UPDATE PROCESS WE COMMISSIONED A NEXUS STUDY 21:09:38 AND A FINANCIAL FEASIBILITY STUDY TO GET A SENSE OF WHAT LEVEL OF 21:09:41 AFFORDABLE HOUSING REQUIREMENTS ARE RELATED TO NEW DEVELOPMENT 21:09:47 AND CAN FEASIBLY BE CHARGED. THEN WE HELD A STAKEHOLDER MEETING 21:09:50 LAST OCTOBER AND WORK SESSIONS WITH PLANNING COMMISSION AND THEN WITH THE 21:09:58 CITY COUNCIL TO PRESENT THESE STUDIES. NEXT SLIDE PLEASE. 21:10:01 AT THE CITY COUNCIL WORK SESSION IN FEBRUARY WE GOT CLEAR DIRECTION THAT 21:10:07 COUNCIL WANTED TO RETAIN THE ABILITY FOR DEVELOPERS TO PAY FEES IN LIEU OF 21:10:14 PRODUCTION OF ONSITE UNITS. SINCE FEES OF SUBSIDIZED PRODUCTION OF 21:10:19 LOWER INCOME RENTAL UNITS AND ANOTHER IMPORTANT POINT IS THAT FEE-SUPPORTED 21:10:23 PROJECTS, THESE LARGER MULTIFAMILY RENTAL PROJECTS ALSO TYPICALLY 21:10:27 LEVERAGE IN LARGE AMOUNTS OF COUNTY, STATE AND 21:10:29 FEDERAL DOLLARS INTO THE COMMUNITY AND HELP COVER THE COST OF THE AFFORDABLE 21:10:33 HOUSING. WHEREAS INCLUSIONARY OWNERSHIP UNITS 21:10:38 DO NOT. COUNCIL ALSO SUPPORTED INCREASING FEE 21:10:43 LEVELS TO THE EXTENT FEASIBLE, TO INCREASE THE RESOURCES AVAILABLE FOR 21:10:47 AFFORDABLE HOUSING PRODUCTION. THEY SUPPORTED A PHASE-IN OF THE NEW 21:10:51 REQUIREMENTS THE GIVE THE MARKET TIME TO ADJUST, THEY ALSO WANTED US TO 21:10:57 RETAIN THE MANY OPTIONS THAT EXIST IN THE CURRENTS ORDINANCE, FOR EXAMPLE, 21:11:00 LAND DONATION AS A WAY TO MEET THE ORDINANCE 21:11:03 REQUIREMENTS. THEY WANTED TO CONTINUE TO INCENTIVIZE 21:11:09 SMALLER MARKET-RATE RENTAL UNITS BY DISCOUNTING FEES ON THOSE UNITS. 21:11:13 AND FINALLY, THEY DIRECTED US TO SIMPLIFY AND CLARIFY THE ORDINANCE 21:11:15 WHERE POSSIBLE. SO THAT'S THE DIRECTION THAT WE 21:11:22 RECEIVED AND NOW, WE'LL WALK YOU THROUGH THE ORDINANCE CONSISTENT WITH 21:11:27 THAT DIRECTION. I'LL TURN IT OVER TO LUCIA. 21:11:29 >> THANK YOU DAN. I'M GOING TO WALK YOU THROUGH REST OF 21:11:34 THE PRESENTATION. USING COUNCIL DIRECTION, AS OUR DPRAIM 21:11:40 WORK, WE CAME UP WITH THE FOLLOWING PROPOSED REVISIONS. 21:11:45 THESE REVISIONS WERE PRESENTED TO OPUBLIC STAKEHOLDERS ON JULY 21st. 21:11:52 I WILL SHARE STAKEHOLDERS FEEDBACK LATER ON IN THE PRESENTATION. 21:11:55 THERE ARE THE TWO MAIN OPTIONS UNDER THE ORDINANCE. 21:12:00 PAY THE IN-LIEU FEES OR BUILD INCLUSIONARY UNITS. 21:12:05 COUNCIL'S DIRECTION IS TO GENERATE RESOURCES FOR THE PRODUCTION OF 21:12:09 AFFORDABLE RENTAL UNITS FOR LOWER INCOME HOUSEHOLDS SO WE ARE PROPOSING 21:12:14 TO KEEP THE THE FULL IN LIEU FEES OPTION, BUT INCREASE THE IN 21:12:19 LIEU FEES FOR FOR-SALE PROJECTS EXCEPT STACKED FLATS. 21:12:24 COUNCIL ALSO DIRECTED STAFF TO INCREASE THE FEES IN PHASES . 21:12:30 AS YOU CAN SEE, ON THE SLIDE, OUR CURRENT FEE FOR SINGLE FAMILY IS $20 21:12:50 $26 PER UNITS, FOR STACKED FLATS THE FEE IS $27 PER STACKED FLAT. 21:12:55 THE PROPOSED IS 35, THROUGH ADOPTION OF THIS ORDINANCE THROUGH DECEMBER 2022. 21:13:01 FEE WOULD INCREASE TO $44 PER SQUARE FOOT STARTING IN JANUARY 2023, THROUGH 21:13:07 THE DURATION OF THE ORDINANCE. THE PROPOSED FEES ARE BASED ON THE 21:13:14 FEASIBILITY STUDY WHICH SHOW THAT MOST OWNERSHIP UNITS CAN ABSORB FEES OF $44 21:13:19 TO $50 PER SQUARE FOOT DEPENDING ON PRODUCT TYPE. 21:13:23 WE ARE PROPOSING THAT FOR ALL FOR SALE HOMES OTHER THAN STACKED FLATS, BE 21:13:30 CHARGED THE SAME RATE AT $44 PER SQUARE FOOT AFTER (INAUDIBLE) FOR THE EASE OF 21:13:32 ADMINISTRATION AND TO KEEP THE MAXIMUM FEE 21:13:35 CLOSER TO THE MAXIMUM FEE IN COMPARABLE JURISDICTIONS. 21:13:43 FOR STACKED FLATS THE FEE WOULD REMAIN THE SAME AT THE CURRENT RATE OF 27 PER 21:13:46 SQUARE FOOT THROUGH THE DURATION OF THE ORDINANCE. 21:13:51 THE FEASIBILITY STUDY FINDS THAT STACKED FLATS PROJECTS CANNOT ABSORB 21:13:58 HIGHER FEES. CONTINUING WITH THE PAYMENT OF IN LIEU 21:14:04 FEE OPTION, WE ARE PROPOSING A FEE -- WE ARE NOT PROPOSING A FEE INCREASE 21:14:09 FOR RENTAL PROJECTS. THEREFORE, THE FEE FOR RENTAL PROJECTS 21:14:14 WITHOUT SUBDIVISION MAP WOULD REMAIN THE SAME FOR THE ENTIRE DURATION OF 21:14:20 THE ORDINANCE. AT THE CURRENT RATE OF $17.50 PER 21:14:23 SQUARE FOOT CONSISTENT WITH THE FEASIBILITY STUDY WHICH DETERMINED 21:14:27 THAT HIGHER FEE FOR RENTAL PROJECTS IS INFEASIBLE. 21:14:32 WE ARE ALSO INCENTIVIZING THE PRODUCTION OF SMALLER UNITS IN 21:14:38 ACCORDANCE WITH COUNCIL'S DIRECTION. SO THE FEE FOR UNITS LESS THAN 700 21:14:42 SQUARE FEET REMAINS AT $EIGHT.75 PER SQUARE FOOT. 21:14:54 $8.75 PER SQUARE FOOT. FEES WILL HAVE A FEE OF $27 PER SQUARE 21:15:00 FOOT FOR THE ENTIRE TIME, AS THEY ARE CONSIDERED. 21:15:06 IN SUMMARY, WEE ARE NOT PROPOSING TO RAISE FEES ON RENTAL PROJECTS OR 21:15:12 STACKED FLAT PROJECTS. OUR OTHER MAIN OPTIONS UNDER THE 21:15:15 ORDINANCE IS THE PRODUCTION OF INCLUSIONARY UNITS. 21:15:23 OUR CURRENT ORDINANCE ALLOWS DEVELOPERS TO PROVIDE HOME OWNERSHIP UNITS FOR 21:15:30 LOWER INCOME HOUSEHOLDS, THE TOTAL PERCENTAGE OF INCLUSIONARY 21:15:37 E-INCLUSIONARY UNITS CAN RANGE FROM 26 PER DEATTACHED UNITS, 21:15:40 HOWEVER THIS OPTION HAS NEVER BEEN USED. 21:15:44 BASED ON ARE DEVELOPERS FEED IMPACT THE COST IS TOO HIGH DUE TO BOTH THE 21:15:50 PERCENTAGE REQUIRED AND THE REQUIREMENT THAT INCLUSIONARY UNITS BE AFFORDABLE 21:15:54 TO EXTREMELY LOW AND VERY LOW INCOME HOUSEHOLDS. 21:16:02 WE ARE PROPOSING A 15% ONSITE REQUIREMENT FOR FOR-SALE PROJECTS, 5% 21:16:10 AT MODERATE UP TO 120% AREA MEDIAN INCOME AND 10% AT LOW INCOME UP TO 80% 21:16:14 AREA MEDIAN INCOME. AS YOU CAN SEE, WE TOOK AWAY THE 21:16:18 DISTINCTION BETWEEN ATTACHED AND DETACHED UNITS. 21:16:23 WE BELIEVE THIS PROPOSED INCLUSIONARY REQUIREMENT IS SIMPLER AND MORE 21:16:29 STRAIGHTFORWARD, AND THE 15% INCLUSIONARY REQUIREMENT IS 21:16:36 REASONABLE, IS DEEMED REASONABLE BY THE STATE AND 21:16:38 GENERALLY CONSISTENT WITH OTHER BAY AREA CITIES. 21:16:43 WHITE THE FEASIBILITY STUDY DID NOT CONSIDER THE FEASIBILITY OF PROVIDING 21:16:49 A MIX OF MODERATE AND LOW INCOME UNITS, IT DID DETERMINE THAT FOR SALE TOWN 21:16:53 HOMES AND SINGLE FAMILY PROJECTS COULD ABSORB A 21:17:04 MODERATE INCOME, A MODERATE INCOME UNIT OF UP TO 20%. 21:17:08 FOR RENTAL PROJECTS, THE CURRENT BASIC YOU REQUIREMENT IS TO PAY THE 21:17:12 AFFORDABLE HOUSING IN LIEU FEE. THE LEGAL LANDSCAPE HAS CHANGED SINCE 21:17:18 THE ADOPTION OF THE CURRENT ORDINANCE, WHICH ALLOWS CITIES TO REQUIRE 21:17:24 INCLUSIONARY RENTAL UNITS, THEREFORE WE ARE PROPOSING A 10% ONSITE REQUIREMENT 21:17:28 FOR LOW INCOME UNITS. 21:17:32 IN KEEPING WITH THE CURRENT ORDINANCE, VARIATIONS OF LOWER INCOME UNITS THAT 21:17:37 PROVIDE DEEPER AFFORDABILITY OR HIGHER PERCENTAGE OF AFFORDABLE UNITS WOULD 21:17:40 BE CONSIDERED. ALTHOUGH THE FEASIBILITY STUDY 21:17:46 INDICATES ONLY A 5% LOW INCOME INCLUSIONARY REQUIREMENT IS FEASIBLE, 21:17:51 FOR RENTAL PROJECTS, STAFF BELIEVES THAT RENTAL DEVELOPER WOULD CHOOSE TO 21:17:55 PAY THE IN LIEU FEE AT A FEE LEVEL THAT IS FEASIBLE AND IS THE 21:17:59 SAME AS WE'VE HAD FOR A NUMBER OF YEARS. 21:18:04 MOREOVER, IF MARKET RATE CONDITIONS CHANGE AND INCLUSIONARY UNITS BECOME A 21:18:09 REALISTIC OPTION FOR RENTAL DEVELOPERS, HAVING A 10% REQUIREMENT IN PLACE 21:18:12 WOULD RESULT IN A MORE SUBSTANTIAL NUMBER OF LOW 21:18:17 INCOME UNITS. LASTLY: I LIKE TO NOTE THAT ANY 21:18:22 INCLUSIONARY REQUIREMENTS FOR RENTAL PROJECTS IN EXCESS OF 15% IS SUBJECT 21:18:28 TO POTENTIAL REVIEW BY THE STATE TO ENSURE THAT IT WOULD NOT SUPPRESS 21:18:29 DEVELOPMENT OF MARKET RATE HOUSING. 21:18:35 SO THE PROPOSED 10% REQUIREMENT WOULD NOT TRIGGER REVIEW BY THE STATE. 21:18:42 THE FULL IN-LIEU FEE AND THE OPTION ARE THE TWO MAIN OPTIONS IN THE 21:18:45 ORDINANCE. NOW LET'S MOVE ON TO REVISIONS TO 21:18:53 OTHER ALTERNATIVES. REVISIONS TO THE HYPE UH HYBRID 21:18:56 OPTION. THE HYBRID OPTION ALLOWS FOR FOR SALE 21:19:03 PROJECTS TO PROVIDE ON SITE MODERATE UNITS AND PAY IN LIEU FEES FOR LOW 21:19:07 INCOME UNITS. THE SECOND COLUMN DEPICTS THE CURRENT 21:19:10 COMBINATION IN SITE AND IN LIEU FEE REQUIREMENTS. 21:19:15 UNDER THE PROPOSED OPTION, DEVELOPERS WOULD BE ALLOWED TO PROVIDE 5% 21:19:20 MODERATE ONSITE AND PAY IN LIEU FEES FOR THE LOW INCOME UNITS AS FOLLOWS. 21:19:25 $20 PER SQUARE FOOT FOR SINGLE FAMILY AND TOWN HOMES FROM ADOPTION OF THE 21:19:31 ORDINANCE TO DECEMBER, 2022. THE FEE WOULD GO UP TO $29 PER SQUARE 21:19:35 FOOT FROM JANUARY 2023 THROUGH THE DURATION OF THE ORDINANCE. 21:19:43 FOR STACKED FLATS WE ARE PROPOSING AN IN LIEU FEE OF $12 PER SQUARE FOOT 21:19:47 DURING THE LIFE OF THE ORDINANCE. THE FEASIBILITY STUDY HAS CONCLUDED 21:19:50 THAT HIGHER FEE FOR STACKED FLATS IS INFEASIBLE. 21:19:57 THE FEE SAVINGS REALIZED BY THOSE EXERCISING THE HYBRID OPTION IS $15 21:20:03 PER SQUARE FOOT BASED ON ESTIMATES BY THE CITY'S ECONOMIC CONSULTANTS THAT A 21:20:10 THAT A $15 PER SQUARE FEE IS APPROXIMATELY 21:20:14 EQUIVALENT TO THE COST OF PROVIDING THE FIVE PER MODERATE INCOME UNITS. 21:20:24 5% MODERATE INCOMES. WEE ARE ALSO PROPOSING, THE VOLUNTARY 21:20:30 REVISION OF RENTAL UNITS. THE CURRENT PROJECT, BOTH FOR SALE AND 21:20:33 RENTAL UNITS TO FULT FILL THEIR OBLIGATION OPPORTUNITY ORDINANCE BY 21:20:39 PROVIDING AFFORDABLE RENTAL UNITS. FOR EXAMPLE, SEVERAL LARGE DEVELOPMENT 21:20:44 -- RESIDENTIAL DEVELOPMENT PROJECTS IN WARM SPRINGS, THE CURRENTS REQUIREMENT 21:20:49 IS 13.4%. WHICH IS MADE UP OF EXTREMELY LOW, 21:20:54 VERY LOW AND MODERATE INCOME UNITS. WE ARE PROPOSING THAT THESE PROJECTS 21:20:58 CAN FULFILL THE AFFORDABLE HOUSING ORDINANCE REQUIREMENTS BY RENTAL, BY 21:21:06 PROVIDING RENTAL UNITS AT 7.5% LOW INCOME AND 7.5% AT VERY LOW INCOME FOR 21:21:11 A TOTAL OF 15% SET ASIDE RENTAL UNITS TO ALIGN WITH 21:21:15 THE PROPOSED 15% FOR SALE PROJECTS AND FOR THE EASE OF ADMINISTRATION. 21:21:24 NOW I WANT TO TOUCH ON SOME CLARIFICATIONS AND MINOR CHANGES 21:21:30 PROPOSED BY STAFF AS A RESULT OF CHALLENGES AND LESSONS LEARNED FROM 21:21:32 THE ADMINISTRATION OF THE CURRENT ORDINANCE. 21:21:37 TIMING AND PERFORMANCE. FOR PROJECTS THAT INCLUDE ONSITE 21:21:42 MARKET RATE AND AFFORDABLE UNITS, STAFF WANTS TO CLARIFY THAT THE 21:21:49 CONSTRUCTION TIMING AND OCCUPANCY OF THE AFFORDABLE UNITS SHOULD BE 21:21:53 PROPORTIONAL OF THE MARKET UNITS. 21:21:58 THE APPROVAL BODY MAY MOVIE THE TIMING REQUIREMENTS IF IT DETERMINES THAT 21:22:01 GREATER PUBLIC BENEFITS WOULD RESULT FROM THE MODIFICATION. 21:22:09 IN THIS CASE, THE CITY MAY REQUIRE THAT THE COMPLETION OF OF AFFORDABLE UNITS 21:22:14 BE FURTHER SECURED BY THE APPLICANT AGREEMENT TO PAY THE IN LIEU FEES. 21:22:22 THIS WOULD ALLOW THE PROJECTS -- WILL PAY THE IN LIEU FEES OWED TO THE CITY 21:22:24 IN THE THEEFNT THERE ARE CHANGES OR PROBLEMS WITH THE DEVELOPMENT. 21:22:27 THE CITY'S AFFORDABLE HOUSING INTEREST WOULD BE PROTECTED. 21:22:37 ANOTHER CHANGE THAT STAFF WANTS TO MAKE IS TO FURTHER CLARIFY THE REQUIREMENTS 21:22:42 IF AN APPLICANT DESIRES TO MODIFY THE AFFORDABLE HOUSING PLAN AFTER PROJECT 21:22:47 APPROVAL. AND APPLICANT FOR THE FIRST APPROVAL 21:22:51 OF THE RESIDENTIAL PROJECTS INCLUDES AN AFFORDABLE HOUSING PLAN DESCRIBING HOW 21:22:54 THE PROJECT WILL COMPLY WITH THE AFFORDABLE HOUSING ORDINANCE. 21:23:02 BECAUSE THE ORIGINAL AFFORDABLE HOUSING PLAN MAY HAVE INFLUENCED THE APPROVAL 21:23:06 BODY'S DECISION ON APPROVING THE PROJECT STAFF IS PROPOSING THAT 21:23:09 MODIFICATIONS TO THE AFFORDABLE HOUSING PLAN, AFTER 21:23:12 PROJECTS APPROVAL, WOULD NEED TO BE REVIEWED BY THE APPROVAL BODY. 21:23:19 ANY PROPOSED AMENDMENTS TO THE AFFORDABLE HOUSING PLAN MUST BE 21:23:23 APPROVED BY THE APPROVAL BODY PRIOR TO BUILDING PERMIT ISSUANCE. 21:23:31 THIS CONCLUDES THE PROPOSED REVISION SECTION OF THE PRESENTATION. 21:23:36 WE BELIEVE THESE PROPOSED REVISIONS WOULD HELP THE CITY ACHIEVE THE GOAL 21:23:42 OF PROMOTING HOUSING OPPORTUNITIES FOR ALL ECONOMIC SEGMENTS OF OUR COMMUNITY 21:23:44 WITHOUT SUPPRESSING THE CONSTRUCTION OF MARKET 21:23:48 RATE HOUSING. A MORE DETAILED DESCRIPTION OF ALL OF 21:23:53 THE PROPOSED CHANGES TO THE AFFORDABLE HOUSING ORDINANCE IS INCLUDED AS 21:24:03 ATTACHMENT B OF YOUR AGENDA PACKET. DURING THIS ORDINANCE REVISION PROCESS 21:24:09 STAFF HAS HELD TWO PUBLIC MEETINGS, I SHOULD SAY TWO PUBLIC STAKEHOLDER 21:24:12 MEETINGS IN ADDITION TO PRESENTATIONS TO PLANNING COMMISSION AND CITY 21:24:17 COUNCIL. STAKEHOLDERS INPUT IS SUMMARIZED ON 21:24:21 THE SLIDE. IN A NUTSHELL, MARKET RATE DEVELOPERS 21:24:27 WANT THE CITY TO RETAIN THE FEE OPTION, KEEP ALL OF THE ALTERNATIVES, MINIMIZE 21:24:33 FEE LEVELS, PHASE IN OF FEE INCREASES AND LOWER THE INCLUSIONARY 21:24:37 REQUIREMENTS. AFFORDABLE HOUSING ADVOCATES WANT THE 21:24:42 CITY TO INCREASE THE FEES TO THE MAXIMUM AMOUNT FEASIBLE. 21:24:47 ONE COMMUNITY MEMBER WANTS INCLUSIONARY REQUIREMENTS FOR FOR SALE MODERATE 21:24:52 INCOME UNITS. FINALLY, I WOULD LIKE TO SHARE WITH 21:24:57 YOU THE NEXT STEPS NET AFFORDABLE HOUSING ORDINANCE PROCESS. 21:25:03 COUNCIL HEARING IS SCHEDULED FOR EARLY OCTOBER, AND COUNCIL ADOPTION WILL 21:25:07 HAPPEN AROUND NOVEMBER. AT WHICH TIME THE ORDINANCE WILL BE 21:25:15 EFFECTIVE. THIS CONCLUDES OUR PRESENTATION. 21:25:17 WITH THAT WE'LL OPEN IT UP FOR QUESTIONS AND COMMENTS. 21:25:23 THANK YOU. >> Commissioner Yee: THANK YOU. 21:25:32 WITH THAT, ANY CLARIFYING QUESTIONS FROM THE COMMISSION ON WHAT WAS JUST 21:25:34 PRESENTED? OKAY. 21:25:38 IT LOOKS LIKE NOBODY'S RAISED THEIR HAND. 21:25:49 OKAY SO -- OH, TAKE THAT BACK. COMMISSIONER McDONALD. 21:25:52 >> Commissioner McDonald: OKAY, LOTS OF QUESTIONS. 21:25:58 OKAY, I'M REALLY, FIRST OF ALL, THANK YOU TO THE STAFF FOR DOING THIS 21:26:03 TREMENDOUS AMOUNT OF WORK. IT SEEMS IT'S BEEN WHAT, TWO YEARS CAN 21:26:07 OF STUDYING THIS ISSUE. AND I REALLY APPRECIATE THAT YOU'VE 21:26:13 TAKEN ANY PUT FROM SO MANY DIFFERENT BODIES TO COME UP WITH SOME KIND OF 21:26:16 SOLUTION. I THINK EVERYTHING THAT WE'RE DOING IN 21:26:26 FREMONT TO PROVIDE MORE HOUSING IS IS KIND OF REMARKABLE, ESPECIALLY IN 21:26:28 LIGHT OF THIS LAST APPLICANT WHO IS WILLING TO GO 21:26:37 ON THEIR OWN TO PROVIDE HOUSING FOR THEIR COMMUNITY. 21:26:42 COUPLE OF QUESTIONS I HAD. ONE IS THAT THERE WAS A REFERENCE TO 21:26:47 THE $50 MAXIMUM FEE. AND I WAS WONDERING WHO OR WHAT TYPE 21:26:54 OF HOUSING COULD ABSORB THAT FEE AND WHY WE DID NOT GO FOR THE MAXIMUM FEE 21:27:01 ON THAT END? BECAUSE I'M THINKING THAT WE'RE 21:27:04 PROBABLY NOT GOING TO GO THROUGH THIS TREMENDOUS PROCESS AGAIN IN THE NEAR 21:27:11 FUTURE AND I'D LIKE TO AVOID THAT BRACKET OF TIME WHERE WE MIGHT ANY THE 21:27:17 INADVERTENTLY BE DISCOUNTINGS THE FEE, 21:27:23 BUT THERE'S SOME WINDOW WHERE THEY COULD AFFORD MORE AND WE ARE NOT 21:27:30 BUDGING IT. THAT WOULD BE MY FIRST QUESTION. 21:27:34 >> Dan Schoenholz: I'LL TAKE THAT FIRST QUESTION COMMISSIONER McDONALD. 21:27:39 IT'S KIND OF SLICE ISED AND DICED INTO SMALL SEGMENTS AND THERE ARE A LOT OF 21:27:43 SORT OF DIFFERENT DEFINITIONS THAT KIND OF IN REAL LIFE THEY SORT OF BLEED 21:27:45 INTO EACH OTHER AND THAT'S I THINK WHAT OUR 21:27:50 CONCERN WAS AROUND THE TOWN HOME DEFINITION AND THE SINGLE FAMILY HOME 21:27:54 DEFINITION. THERE'S SORT OF A CONTINUUM OF PRODUCT 21:27:57 TYPES. AND SOMETIMES IT'S HARD TO DEFINE 21:28:06 EXACTLY WHAT A HOME IS, WHETHER IT'S A TOWN HOME OR SINGLE FAMILY HOME. 21:28:12 WE JUST THOUGHT IT WOULD BE A LOT EASIER TO IMPLEMENT IF WE HAD ONLY ONE 21:28:16 CATEGORY AND IN THAT CASE WE WANTED TO BE CONSERVATIVE AND JUST AIM THE FEE 21:28:21 LEVEL AT THE FEASIBLE LEVEL FOR YOU KNOW THE LOWEST 21:28:26 NUMBER OUT OF THE TWO THE CATEGORIES. SO THAT WE WEREN'T IN ADVERTENTLY 21:28:32 SUPPRESSING MARKET RATE DEVELOPMENT IN SOME OF THESE UNIT TYPES . 21:28:40 >> Commissioner McDonald: SO IS DAN, CORRECT ME IF I'M WRONG BUT I THOUGHT 21:28:43 WE WERE TRYING TO PUSH FOR HIGHER DENSITY DEVELOPMENT. 21:28:48 AND IF THAT IS THE CASE THEN IT WOULD SEEM TO ME THAT THOSE ON THE NEXUS 21:28:54 REPORT IT BROKE IT OUT TO LARGE LOT SMALL LOT TOWN HOME CONDO AND RENTAL 21:28:59 RIGHT? SO I'M WONDERING YOU KNOW IF WE JUST 21:29:02 RESTRICTED IDENTITY LET'S SAY THE LARGE LOT WHICH IS SOMETHING WE ARE 21:29:07 SERIOUSLY TRYING TO DISCOURAGE. COULD THAT POTENTIALLY NET US A FEW 21:29:12 EXTRA DOLLARS IN FEES ASSUMING THAT THOSE ARE THE ONES THAT CAN REALLY 21:29:20 AFFORD A LITTLE -- TO PAY A LITTLE BIT MORE? 21:29:23 >> Dan Schoenholz: SO JUST TO MAKE SLUR IS I UNDERSTAND YOUR QUESTION, 21:29:30 YOU'RE BASICALLY SAYING DID WE KEPT A $50 FEE FOR SINGLE SYSTEM HOMES WOULD 21:29:33 WE POTENTIALLY PUSH SOME OF THOSE DEVELOPERS INTO 21:29:35 DOING TOWN HOMES INSTEAD, IS THAT THE QUESTION? 21:29:37 >> Commissioner McDonald: NO, ONLY THE LARGE LOTS. 21:29:41 JUST THE LARGE-LOT HOMES. YOU KNOW, WE DON'T -- WE'RE NOT GOING 21:29:47 TO BE DOING A WHOLE LOT OF THEM BUT THOSE UNITS I WOULD THINK ARE THE ONES 21:29:49 THAT COULD AFFORD TO PAY $50 A SQUARE FOOT. 21:29:57 SO MY THOUGHT IS THAT I MEAN JUST TO MAXIMIZE OUR POTENTIAL FOR GETTING 21:30:05 THAT ADDITIONAL FEE. THOSE UNITS WOULD BE MOST LIKELY TO BE 21:30:08 ABLE TO PAY THAT, RIGHT? >> Dan Schoenholz: YES, SO I'M GOING 21:30:14 TO ASK DAVID FROM KEYSER-MARSTON, TO MAYBE CHIME IN REGARDING THE 21:30:18 FEASIBILITY STUDY AND HOW IT DIFFERENTIATED BETWEEN SINGLE FAMILY 21:30:22 HOMES AND TOWN HOMES AND LOT SIZES AND HOW THAT MIGHT PLAY OUT. 21:30:33 >> YES, SO WE -- SO I THINK WHAT WE DID WAS, WE RAN THE NEXUS STUDY ON SINGLE 21:30:38 SYSTEM LARGE LOT AND SMALL LOT TOWN HOMES AND THAT $50 A SQUARE FOOT 21:30:42 FIGURE THAT YOU'RE REFERENCING, THAT WAS THE FIGURE FOR THE TOWN HOMES AND 21:30:46 IT WAS THE 44 THAT WAS FOR THE SINGLE FAMILY. 21:30:53 >> Commissioner McDonald: OH. >> SO IT SOUNDS LIKE -- 21:30:56 >> Commissioner McDonald: EVEN ON LARGE LOTS. 21:31:01 >> YES, DO FIND OUT IF THAT MAXIMUM 21:31:06 WAS FEASIBLE AND WHAT WE FOUND IN THE CASE OF THAT SINGLE FAMILY THAT $44 21:31:17 WAS FEASIBLE AND IN THE THE THE TERMS OF TOWN HOME THAT $50 WAS FEELING. 21:31:24 IF YOU WERE TO GO BEYOND THAT NEXUS FINDINGS ABOVE THAT $44 MAXIMUM WE 21:31:28 DIDN'T SPECIFICALLY TEST THAT BUT WE DID TEST ONSITE INCLUSIONARY UNITS 21:31:31 THAT WOULD HAVE COST THE PROJECT SOMEWHAT MORE THAN THAT 21:31:35 $44. SO YOU COULD POTENTIALLY GO ABOVE FROM 21:31:42 THE FEASIBILITY PERSPECTIVE, ABOVE THAT $44 WITH THE SINGLE FAMILY. 21:31:47 BUT IT WOULD GO BEYOND WHAT WE TESTED IN THE NEXT -- WHAT THE NEXUS MAXIMUM 21:31:50 SUPPORTED. >> Commissioner McDonald: THANK 21:32:00 YOU. OKAY I MEAN SO WHY NOT JUST AT LEAST 21:32:07 APPLIED TO THE TOWN HOMES THEN, CONSIDERING THAT PERHAPS, I MEAN TOWN 21:32:13 HOMES ARE THE THINGS THAT ARE, YOU KNOW, DILUTING OUR HIGHER DENSITY 21:32:17 DEVELOPMENT THAT WE'RE TRYING TO ENCOURAGE. 21:32:20 >> Dan Schoenholz: YES, AGAIN COMMISSIONER McDONALD, I THINK OUR 21:32:25 INTENT WAS TO TRY TO SIMPLIFY THE ADMINISTRATION AND AVOID ARGUMENTS 21:32:29 OVER WHAT THE DEFINITION WAS, DIFFERENT KINDS OF PRODUCT TYPES. 21:32:33 YOU COULD CERTAINLY DO THAT. YOU COULD YOU KNOW WE HAVE I THINK THE 21:32:38 -- WE HAVE BACKUP TO SAY THAT TOWN HOMES CAN AFFORD THE $50 FEE. 21:32:42 AND THEN IT WOULD BE, YOU KNOW, WE WOULD ANTICIPATE THAT WE'LL HAVE 21:32:48 INSTANCES WHERE, YOU KNOW, THERE WILL BE A LOT OF DISCUSSION AND 21:32:52 INTERPRETATION ABOUT EXACTLY WHICH CATEGORY A PARTICULAR 21:32:58 DEVELOPMENT FALLS INTO. >> AND I ALSO WANT TO ADD THAT ANOTHER 21:33:03 REASON WHY WE DON'T HAVE A SEPARATE FEE FOR $50, WE'RE KEEPING IT AT $44 IS 21:33:08 BECAUSE IT'S MORE COMPARABLE TO WHAT OTHER BAY AREA CITIES ARE CHARGING. 21:33:13 IF WE'RE CHARGING $50 IT'S MUCH HIGHER THAN WHAT OTHER CITIES ARE CHARGING. 21:33:21 ME >> Commissioner McDonald: OKAY, 21:33:26 THEN THE OTHER THING I WANTED TO ASK WAS, THERE WAS A LINE WHERE IT SAID 21:33:33 THAT -- I THINK IT WAS YOUR SECOND POINT THAT YOU WERE SAYING THAT 21:33:42 THE HYBRID OPTION 4 IS SUPPOSED TO BE PER SQUARE FOOT BASED ON THE ESTIMATED 21:33:50 ECONOMIC CONSULTANTS THE $15 PER SQUARE FEET IS APPROXIMATE TO PROVIDING THE 21:33:53 5%. ARE WE TRYING TO PUSH THE PEOPLE 21:33:56 TOWARDS THE INCLUSIONARY OR TOWARDS THE IN LIEU FEES? 21:34:00 BECAUSE SEEMS TO ME IF WE WERE -- WE REALLY WANT TO ENCOURAGE ONE THING OR 21:34:05 THE OTHER WE WOULD MAKE THE COST A LITTLE BIT MORE FAVORABLE ON THAT 21:34:11 SIDE. WHY DO WE WANT IT TO BE COMPARABLE? 21:34:21 DO WE HAVE AN OUTCOME THAT WE PREFER? 21:34:24 >> Dan Schoenholz: YES, I THINK WE HEARD THERE IS SOME INTEREST IN 21:34:27 GENERATING MODERATE INCOME UNITS THROUGH THE ORDINANCE. 21:34:40 I THINK THERE'S A STRONG INTEREST IN GENERATING REVENUES TO SUBSIDIZE 21:34:42 MULTISYSTEM AFFORDABLE PROJECTS THAT ARE RENTAL. 21:34:47 BUT WE DID HEAR SOME SUPPORT FOR STRUCTURING THE ORDINANCE SO THAT 21:34:50 THERE MIGHT BE SOME MODERATE INCOME PRODUCTION. 21:34:55 SO WE'RE SORT OF TRYING TO WALK THE LINE WHERE WE THINK WE'LL GET FEES THE 21:35:01 PRIMARILY BUT IN SOME CASES WE MAY SEE SOME MODERATE INCOME PRODUCTION. 21:35:06 >> Commissioner McDonald: SO WE DON'T -- WE'RE NOTE PREFER ONE OVER THE 21:35:10 OTHER OR ENCOURAGING ONE OVER THE OTHER? 21:35:20 THERE'S NO -- SO ON THE CITY SIDE, WE DON'T ACTUALLY HAVE ONE WE PREFER? 21:35:23 >> Dan Schoenholz: YEAH, I THINK, YOU KNOW, THE DIRECTION THAT WE GOT FROM 21:35:27 THE COUNCIL WAS REALLY WE WANT TO RETAIN THE FEE OPTION, WE WANT TO 21:35:33 CONTINUE TO OFFER MULTIPLE OPTIONS THAT DEVELOPERS CAN 21:35:37 PICK FROM. AND, YOU KNOW, THERE IS SOME INTEREST 21:35:41 IN SEEING SOME MODERATE INCOME OWNERSHIP PRODUCTION. 21:35:51 I MEAN, THE DIFFICULTY IS THAT THE MARKET IS CONSTANTLY CHANGING AND WE 21:35:54 CAN'T CHANGE THE ORDINANCE TO KEEP UP WITH THE CHANGES IN THE MARKETPLACE. 21:35:59 SO WE'RE SORT OF TRYING TO YOU KNOW KIND OF ADDRESS DID VARIOUS INTERESTS 21:36:07 THAT WE HEARD FROM THE COUNCIL, AND WE WOULD ANTICIPATE THAT MOST DEVELOPERS 21:36:09 WOULD CONTINUE TO PAY FEES BUT THERE MAY BE 21:36:14 CIRCUMSTANCES WHERE IT MAKES SENSE FOR THEM TO DO THE HYBRID OPTION AND 21:36:19 PRODUCE, YOU KNOW, SOME MODERATE INCOME OWNERSHIP UNITS. 21:36:23 >> Commissioner McDonald: AND THEN WITH SOME MONEY THAT WE TAKE IN IN 21:36:31 LIEU FEES, BECAUSE OWNERSHIP IS SO EXPENSIVE, AND IT IS SO OVARIABLE, AND 21:36:37 VARIABLE, AND SO FEW PEOPLE ACTUALLY BENEFIT FROM 21:36:41 THAT OPTION, IS THERE ANY WAY WE CAN TAKE ALL THAT MONEY THAT IS GOING INTO 21:36:45 IN LIEU AND PAY PARTIAL RENT FOR PEOPLE OF THAT INCOME LEVEL YOU KNOW HELP 21:36:48 THEM WITH RENT SO THAT THEY CAN PERHAPS SAVE 21:36:51 TOWARDS DOWN PAYMENT WHICH SEEMS TO BE THE LARGEST FACTOR KEEPING THEM FROM 21:36:56 GETTING INTO THESE, YOU KNOW, MODERATE RATE UNITS. 21:37:03 I KNOW RIGHT NOW, DURING COVID WE WERE PAYING RENT, OR HAVING -- WE HAD -- 21:37:07 WE WERE ADMINISTERING A RENTAL ASSISTANCE PROGRAM. 21:37:11 COULD WE CONTINUE SOMETHING LIKE THAT WITH THE MODERATE INCOME PEOPLE SO 21:37:19 THAT MORE PEOPLE ARE BENEFITING FROM THE MONEY AND WE'RE IMMEDIATELY 21:37:22 PROVIDING HOUSING, HELPING TO PROVIDE HOUSING FOR THE 21:37:29 MODERATE INCOME LEVEL RATE PEOPLE? >> SO UNFORTUNATELY, THE IN LIEU FEES 21:37:39 THAT WE COLLECTED IS FOR MORE SO 60% A MIMPLET AND SOMETIMES THEY CAN GO UP 21:37:41 TO 80. THE REASON IS BECAUSE ALL OF THESE 21:37:44 RENTAL PROJECTS ARE USING HOUSING FUNDING TO SUPPORT. 21:37:50 THEY ALL NEED TAX CREDIT FUNDING IN ORDER TO COMPETE WELL, ACTUALLY TO 21:37:56 QUALIFY FOR TAX CREDITS, THEY CANNOT GO BEYOND 80% AMI. 21:38:00 ACTUALLY THEY HAVE TO CONCENTRATE ON SERVING LOWER INCOME HOUSEHOLDS SUCH 21:38:04 AS 60% AND BELOW. SO WE CANNOT USE THAT FUNDING SOURCE 21:38:09 THAT WE COLLECT TO HELP MODERATE INCOME HOUSEHOLDS. 21:38:14 >> Commissioner McDonald: EVEN IF WE 21:38:22 ALLOWED MODERATE RATE IN LIEU FEES? 21:38:28 >> Dan Schoenholz: JUST TO CLARIFY, CAN IF WE USE THE FEES TO SUBSIDIZE 21:38:36 THE TAX CREDIT PROJECT WE'RE LIMITED IN WHAT INCOME LEVELS CAN USE IN THAT TAX 21:38:40 CREDIT PROJECT. THE THE THE FEES ONLY HAVE TO GO TO 21:38:43 SUPPORT AFFORDABLE HOUSING. SO THE COUNCIL COULD SAY WE WANT TO 21:38:49 TAKE ALL THOSE FEES AND USE IT TO SUPPORT THE DEVELOPMENT OF MODERATE 21:38:52 INCOME OWNERSHIP UNITS. THEY HAVE NOT DONE THAT IN THE PAST, 21:38:56 THEY HAVE NOT WANTED TO DO THAT. THEY REALLY SVELTE THAT THE MOST BANK 21:39:02 FOR THE BUCK WAS USING THE MONEY FOR MULTIFAMILY RENTAL PROJECTS THAT 21:39:05 LEVERAGE OUTSIDE DOLLARS IN AND THOSE FAMILIES ARE THE ONES THAT ARE THE 21:39:10 MOST AT RISK OF DISPLACEMENT AND EVEN HOMELESSNESS IF 21:39:12 THEY DON'T HAVE AFFORDABLE PLACES TO LIVE. 21:39:18 SO THAT'S WHERE THE COUNCIL HAS FOCUSED THE USE OF THE FUNDS. 21:39:22 >> Commissioner McDonald: ALL OF THE FUNDS AND SO ALL OF THESE IN LIEU 21:39:26 FEES, SO WHAT WE'RE SAYING IS ALL OF THE IN LIEU FEES ARE EARMARKED FOR 21:39:38 VERY LOW AND LOW INCOME BUT THAT THE MODERATE RATE HOUSING FOR RIGHT NOW IS 21:39:47 ONLY THE THE INCLUSIONARY? THAT DEVELOPERS CANNOT PAY IN LIEU FOR 21:39:51 THE MODERATE RATE UNITS IS THAT WHAT YOU'RE TRYING TO TELL ME? 21:39:54 >> Dan Schoenholz: THAT'S PRIMARILY MODERATE INCOME HOUSING IS THROUGH 21:40:05 INCLUSIONARY UNITS, YOU KNOW, OCCASIONALLY NOT IN THE BAY AREA 21:40:09 ANYMORE BUT IN OTHER CASES OCCASIONALLY THE MARKET RATE CAN 21:40:12 PRODUCE IT. ACCESSORY DWELLING UNITS ARE MORE 21:40:16 AFFORDABLE AND THERE'S ACTUALLY A STUDY GOING ON AT THE STATE LEVEL THAT WE 21:40:23 MIGHT BE ABLE TO USE TO JUSTIFY COUNTING SOME PERCENTAGE OF ACCESSORY 21:40:26 DWELLING UNITS THAT ARE BUILT IN FREMONT AS MODERATE 21:40:29 INCOME UNITS. SO THAT IS SOMETHING THAT WE'RE 21:40:36 LOOKING AT. WE DID HAVE ONE PROJECT, HABITAT FOR 21:40:43 HUMANITY PROJECT, CENTRAL COMMONS, WHERE 19, I BELIEVE IT WAS 19 MODERATE 21:40:52 INCOME UNITS WERE PRODUCED. AND THAT WAS USING IN LIEU FEES PAID 21:40:57 BY A MARKET RATE DEVELOPER AND THEN ALSO SOME STATE GRANT MONEY THAT WAS 21:41:02 AVAILABLE FOR OWNERSHIP. THERE AREN'T OFTEN STATE GRANT DOLLARS 21:41:05 FOR OWNERSHIP PROJECTS. BUT THERE WAS ONE OPPORTUNITY A FEW 21:41:09 YEARS AGO AND THAT HELPED FUND CENTRAL COMMONS. 21:41:15 SO SORT OF DIFFERENT POSSIBILITIES, BUT GENERALLY, THE INCLUSIONARY UNITS ARE 21:41:20 THE MAIN WAY TO GET MODERATE INCOME PRODUCTION. 21:41:26 >> SO THERE WERE ACTUALLY 30 DAN. DID 19 IS PHASE 2, IF WE COMBINE DPAIZ 21:41:32 1 AND 2 THERE ARE ACTUALLY 30 MODERATE INCOME UNITS PRODUCED BY HABITAT. 21:41:36 >> Commissioner McDonald: THEY'RE 21:41:39 ALL COMPLETED ALL 30? >> CORRECT. 21:41:43 >> Commissioner McDonald: I GUESS TO BOIL IT DOWN THE EXTRA PIECE I'M 21:41:48 THROWING IN THERE IS, IN CASES WHERE, YOU KNOW, WE'RE NOT GETTING THOSE 21:41:53 INCLUSIONARY UNITS, RIGHT, AND I'M JUST LOOKING AT 21:42:00 THE NUMBER OF FAMILIES WE HAVE THAT ARE IN THE MODERATE RATE BRACKET. 21:42:05 AND HOW MANY FAMILIES WE ACTUALLY HELP WITH THOSE INCLUSIONARY RATE UNITS. 21:42:12 EVEN WITH THE COMPLETED PROJECTS, WE HAVE 30 INCLUDED MODERATE RATE HOMES 21:42:17 WHERE WE'VE HELPED 30 FAMILIES. MY SUGGESTION AND MY HOPE IS THAT IF 21:42:23 WE OFFERED RENTAL ASSISTANCE WITH THAT MONEY RATHER THAN, YOU KNOW, HOUSING, 21:42:28 MODERATE RATE ACTUAL HOMES TO PURCHASE, THAT WE COULD HELP MORE PEOPLE, MORE 21:42:35 IMMEDIATELY, THAN SAVING UP OR WAITING FOR THESE, YOU KNOW, MODERATELY -- 21:42:41 HOMES TO BE BUILT AND SOLD. AND TO HAVE BUYERS WHO COULD SAVE 21:42:43 ENOUGH DOWN PAYMENT TO ACTUALLY GET INTO THOSE UNITS. 21:42:48 SO I MEAN IT JUST SEEMS LIKE THAT WE HAVE SO MANY PEOPLE HAVING TROUBLE 21:42:52 PAYING THEIR RENT. YOU KNOW, OR GETTING KICKED OUT OF 21:42:58 THEIR HOMES BECAUSE THEY CAN'T AFFORD THE THE INCREASES IN RENT, OR CAN'T 21:43:02 SAVE FOR THEIR DOWN PAYMENT BECAUSE THEY'RE PAYING ALL THEIR INCOME IN 21:43:08 RENT. AND WE COULD HELP THEM BEFORE OR, YOU 21:43:16 KNOW, BEFORE IT BECOMES A PROBLEM. >> Dan Schoenholz: IT'S A 21:43:17 CHALLENGE. THERE AREN'T -- THERE'S NOT ENOUGH 21:43:21 RESOURCES TO GO AROUND TO HELP EVERYBODY WHO COULD USE HELP WITH 21:43:26 THEIR HOUSING COST FOR SURE. SO IT'S KIND OF A QUESTION OF WHERE DO 21:43:30 YOU DEVOTE THE LIMITED RESOURCES THAT WE HAVE. 21:43:34 >> Commissioner McDonald: YES. >> Commissioner Yee: COMMISSIONER 21:43:39 McDONALD, THIS IS CHAIR YEE. I THINK WE'RE GETTING TO THE POINT 21:43:41 WHERE IT'S ALMOST LIKE COMMISSION DELIBERATION. 21:43:47 I WANT TO MAKE SURE WE FOLLOW, ITS CLARIFYING QUESTIONS AND I SEIZE THAT 21:43:51 COMMISSIONER DAULTON HAS HIS HAND UP AS WELL AND WE STILL HAVE TO GO TO PUBLIC 21:43:56 COMMENTS. SO IF I COULD ASK YOU TO MAYBE HOLD 21:44:00 OFF WITH THE ADDITIONAL QUESTIONS, WHEN WE GET TO THE DELIBERATION, I WANT TO 21:44:03 BE ABLE TO GIVE OTHER PEOPLE OPPORTUNITY TO BE ABLE TO HAVE 21:44:12 CLARIFYING QUESTIONS. I THINK COMMISSIONER McDONALD AT LEAST 21:44:17 ON MY SCREEN YOU'RE FROZEN, I SEE YOU'RE ALREADY MUTED. 21:44:21 COMMISSIONER DAULTON, CAN YOU ASK YOUR CLARIFYING QUESTIONS IS SINCE YOU HAVE 21:44:24 YOUR HANDS RAISED? >> Commissioner Daulton: OKAY, THANK 21:44:31 YOU CHAIR. SO WHAT IS THE -- WHAT IS THE RANGE OF 21:44:39 HOME COST WE CONSIDER MODERATE IN FREMONT? 21:44:42 >> SO YOU'RE TALKING ABOUT THE PRICES? >> Commissioner Daulton: PRICES. 21:44:45 >> HOW MUCH IT SOLD FOR MODERATE INCOME? 21:44:51 >> Commissioner Daulton: YES, WHEN WE TELL A DEVELOPER, INCLUDE 5% MODERATE 21:44:55 INCOME, WHAT DOES HE SELL THOSE FOR AS A RANGE? 21:45:02 >> YEAH, AS A RANGE ABOUT AVERAGE IS ABOUT $500,000, RESTRICTED PRICE. 21:45:14 IT DEPENDS ON BEDROOM SIZE OF COURSE. SO A TWO BEDROOM IS JUST UNDER 500 AND 21:45:19 A THREE BEDROOM IS JUST OVER 500. I WOULD SAY 500,000. 21:45:25 >> Commissioner Daulton: SO THE INCOME RANGE ON THAT IS UP DO 120% OF 21:45:27 AMI IS THAT RIGHT? >> CORRECT. 21:45:31 >> Commissioner Daulton: AND THE BOTTOM RANGE IS ABOVE 80% OF AMI IS 21:45:35 THAT RIGHT? >> 80 TO 120 THAT'S CORRECT. 21:45:42 >> Commissioner Daulton: 80 TO 120. SO WHAT IS THE -- WHAT IS THE MONTHLY 21:45:45 MORTGAGE PAYMENT GOING TO BE ON A $500,000 HOME? 21:45:53 >> IT REALLY IT DEPENDS ON WHAT INCOME LEVEL THE HOUSEHOLD IN, SO SOMETIMES 21:45:58 THE HOW HOLD AT 80% MAY QUALIFY BECAUSE THAT HOUSEHOLD HAS A LARGE DOWN 21:46:01 PAYMENT OR SOMETHING. SO IT REALLY DEPENDS ON SEVERAL 21:46:05 FACTORS. >> Commissioner Daulton: WAIT, IF 21:46:09 WE'RE DOING SUBSIDIZED HOUSING DO YOU EXPECT PEOPLE DO HAVE A LARGE DOWN 21:46:13 PAYMENT? >> NO, ABOUT 3 TO 3.5%. 21:46:15 >> Commissioner Daulton: RIGHT. >> I THINK I CAN ANSWER YOUR 21:46:17 QUESTION. WE HAVE TO MAKE SURE THAT THE 21:46:24 HOUSEHOLD WILL NOT PAY MORE THAN 35% OF THEIR INCOME TOWARDS HOUSING COST. 21:46:37 >> Commissioner Daulton: YES, AND SO. 21:46:43 >> I CAN DROP IN HERE. 3500 A MONTH FOR MORTGAGE PAYMENT. 21:46:47 >> Commissioner Daulton: TO 500,000 HOUSE $2300? 21:46:52 >> A ROUGH NUMBER WE SEE IN RESALES. >> Commissioner Daulton: OKAY AND SO 21:47:10 HOW MANY OF THESE $500,000 HOUSES HAVE WE BUILT SINCE 2015? 21:47:17 >> ROUGH NUMBER. FROM HAB HAT FOR HUMANITY, AFFORDABLE, 21:47:20 ABOUT 23, 23 THAT WE BUILT. >> Commissioner Daulton: SO DO YOU 21:47:25 HONESTLY THINK THAT THIS, THE CHANGE WE'RE LOOKING AT TODAY IS GOING TO 21:47:28 CHANGE THAT? ARE WE GOING TO GET MORE MODERATE 21:47:36 UNITS OUT OF THIS CHANGE? >> IT REALLY DEPENDS ON THE MARKET 21:47:39 CONDITIONS. I THINK DAN WANTS TO JUMP IN, GO 21:47:40 AHEAD. >> Dan Schoenholz: I WAS GOING TO 21:47:46 CHIME IN THE DEVELOPER'S CONDITION IS WHAT IS GOING TO BE CHEAPER FOR ME TO 21:47:49 FULFILL RIGHT? WE ARE RAISING THE FEES CONSIDERABLY 21:47:57 WHICH PUSHES THEM TOWARDS, YOU KNOW, INCLUSIONARY UNITS BECAUSE IT'S 21:47:59 BECOMING MORE EXPENSIVE TO PAY THE FEES. 21:48:03 BUT AT THE SAME TIME, THE SPREAD BETWEEN WHAT THEY CAN SELL A UNIT FOR 21:48:07 ON THE MARKET, OPEN MARKET VERSUS MODERATE INCOME UNIT THAT'S ALSO 21:48:15 GROWING AND IT CHANGES ALL THE TIME. SO IT'S VERY DIFFICULT FOR US TO SAY 21:48:21 WITH ANY KIND OF CONFIDENCE THAT WE'LL GET, YOU KNOW, X NUMBER OF, YOU KNOW, 21:48:24 INCLUSIONARY UNITS. WE'RE TAKING OUR BEST SHOT AT TRYING 21:48:32 TO CREATE A STRUCTURE THAT WILL PRODUCE FEES AND HOPEFULLY PRODUCE SOME 21:48:34 UNITS. AND, YOU KNOW, WE WOULD EXPECT THE 21:48:38 DECISIONS THAT DEVELOPERS TO MAKE THE CHANGE AS THE MARKET CONDITIONS 21:48:39 CHANGE. >> Commissioner Daulton: AND WHAT'S 21:48:45 THE DOWN SIDE TO A STRICTLY INCLUSIONARY REQUIREMENT ON MODERATE 21:48:50 INCOME HOUSING? >> YEAH, I MEAN THAT'S WHAT WE HAD 21:48:54 STARTING IN 2002 RIGHT? WHAT WE GOT IS WE GOT A LOT OF 21:49:01 MODERATE INCOME OWNERSHIP UNITS AND SO THAT FILLED THAT NEED BETTER THAN 21:49:05 WE'VE BEEN ABLE TO SINCE THEN. BECAUSE THE DECISION REALLY STARTING 21:49:11 IN 2010 WAS WE REALLY NEED TO TRY TO GENERATED MORE RESOURCES TO AIM AT 21:49:16 PEOPLE WHO ARE BELOW MODERATE INCOME WHO ARE HAVING DIFFICULTIES AFFORDING 21:49:17 HOUSING. SO THAT'S REALLY BEEN THE DIRECTION 21:49:25 THAT THE CITY COUNCIL HAS BEEN GOING IN THE LAST TEN YEARS OR SO. 21:49:33 IN 2015 AS I THINK I MENTIONED, WE TRIED TO SETTLE UP THE ORDINANCE SO 21:49:37 THERE WOULD BE MODERATE HOUSING PRODUCTION. 21:49:42 HOUSES WERE GOING UP SO QUICKLY THAT DEVELOPERS QUICKLY REALIZED IT COST US 21:49:48 MORE TO PRODUCE A A MODERATE INCOME UNIT BECAUSE THE GAP WHAT WE CAN SELL 21:49:51 AFFORDABLE LEVEL TO MARKET LEVEL IS VERY BIG, IT'S 21:49:55 GROWING AND WE'LL PAY THE FEE, THAT'S PREFERABLE TO US, THAT'S PERSISTED. 21:50:00 BUT WITH THE INCREASE IN FEES THAT SORT OF BALANCES THE SCALES AGAIN FOR NOW. 21:50:06 BUT YOU KNOW, IT WILL CONTINUE TO EVOLVE AND CAN'T PREDICT EXACTLY HOW 21:50:08 IT WILL PLAY OUT. >> Commissioner Daulton: AND SO THE 21:50:13 INCREASE IN THESE MODERATE FEES FUNNELS MONEY TOWARDS LOWER INCOME HOUSING IS 21:50:21 THAT CORRECT? WE'RE USING THOSE FEES TO BUILD 21:50:28 MODERATE INCOME, WE'RE USING THOSE FEES TO PRODUCE LOW INCOME HOUSING. 21:50:31 >> WE'RE INCREASING FEES ON MARKET RATE HOUSING. 21:50:35 THIS IS HOUSING THAT IS NOT CAN LOW TO MODERATE INCOME. 21:50:40 IN THE BAY AREA IT IS PEOPLE THAT ARE PROBABLY 150 TO 175% INCOME. 21:51:00 AND SO THE FEES ARE ON THOSE HOMES. AND WE USE THOSE TO SUBSIDIZE RENTAL, 21:51:06 THE ONES I MENTIONED IN EARLIER IN THE PRESENTATION, WE CREATED 850 UNITS AND 21:51:11 SO ON IN THE LAST FIVE YEARS AND THAT WAS USING THE FEES PRIMARILY YOU 21:51:13 CHARGED TO MARKET RATE DEVELOPMENT. 21:51:17 >> Commissioner Daulton: WE'RE NOT GETTING ANY REAL MOTION ON MARKET RATE 21:51:22 HOUSING AT ALL? >> VERY LITTLE RIGHT NOW YEAH. 21:51:25 >> Commissioner Daulton: AS FAR AS WHAT I CAN TELL WHAT WE'RE PROPOSING 21:51:29 RIGHT HERE ISN'T REALLY GOING DO CHANGE THAT, IS IT? 21:51:35 SHELZ AGAIN, WHAT WE'RE FROAPG IS INCREASING THE FEES, THE IN LIEU FEES 21:51:43 SIGNIFICANTLY SO THAT -- THAT TENDS TO CUT TO, YOU KNOW, PUSHING DEVELOPERS 21:51:50 TO MORE FOOKS. BUT WHETHER THEY WILL OR NOT WILL 21:51:54 REALLY DEPEND ON A COST CALCULATION GOING THROUGH. 21:51:59 VLT THAT GOING TO PUSH THEM TO MORE PROD MODERATE HOUSING, THEY WANT TO 21:52:03 BUILD A $500,000 HOUSE ON A $500,000 PIECE OF LAND, RIGHT? 21:52:09 I MEAN, IT SAID IN THE REPORT THAT THE AVERAGE COST OF A SINGLE FAMILY 21:52:14 RESIDENTIAL WAS $450,000 PIECE OF LAND. 21:52:18 >> Dan Schoenholz: YES, BUT I MEAN IF YOU CRUNCH THE NUMBERS, IF YOU LOOK AT 21:52:26 SOMEBODY BUILDING TEN HOMES, LET'S SAY THEY'RE 2500 SQUARE FEET, THAT'S 21:52:29 25,000 SQUARE FEET, THEY HAVE TO PAY WHATEVER, 21:52:32 WE'RE SAYING $44. WE HAVE TO PAY A $44 ON EVERY SINGLE 21:52:35 SQUARE FOOT THAT'S A BIG NUMBER. >> Commissioner Daulton: YES. 21:52:41 >> Dan Schoenholz: THE QUESTION IS, 21:52:46 IS THAT A LARGER FEE OR LESSER FEE ON A MODERATE UNIT? 21:52:51 BACK OF THE ENVELOPE I WAS LOOKING AT THIS THE OTHER DAY GIVEN MY LIMITED 21:52:55 KNOWLEDGE IT SEEMED LIKE IT WOULD BE PRETTY COMPARABLE RIGHT NOW. 21:52:58 >> Commissioner Daulton: YES. >> Dan Schoenholz: BUT YOU KNOW, IT 21:53:05 CHANGES ALL THE TIME. AND I THINK, YOU KNOW -- 21:53:09 >> Commissioner Daulton: IF HOUSING PRICES CONTINUE TO GO UP THAT'S NOT 21:53:15 GOING TO WORK IN OUR FAVOR IN THIS REGARD, IS IT? 21:53:17 >> Dan Schoenholz: YES. >> Commissioner Daulton: THANK YOU. 21:53:19 >> Commissioner Yee: THANK YOU, JOEL YOU THERE? 21:53:34 >> Planner Pullen: I AM. >> Commissioner Yee: WE'RE ALMOST 21:53:37 APPROACHING 10, RIGHT? >> Planner Pullen: 10 WOULD BE 21:53:39 GREAT. >> Commissioner Yee: ACTUALLY WOULD 21:53:42 I LIKE TO GO A LITTLE BIT EARLIER, IF POSSIBLE. 21:53:48 LET'S COME IMPACT AGAIN IN ABOUT TEN MINUTES, THAT WOULD MAKE IT 10:03, IF 21:53:51 THERE ARE ANY QUESTIONS FROM THE COMMISSION WE'LL TRY GO OTHE PUBLIC 21:53:58 COMMENT. I GUESS IT WILL BE 10:04. 22:05:47 LET'S COME BACK AT 10:04. [ RECESS ] 22:05:53 >> JUST SO EVERYBODY KNOWS, SOME OF US HERE AT THE CITY OFFICES ARE HAVING 22:05:58 PROBLEMS WITH I.T. CONNECTION. IT'S BEEN KICKING US OUT. 22:06:03 AND SO MINE JUST GOT BACK IN. CAN. 22:06:09 >> CAN YOU HEAR ME? 22:06:13 >> YES, I CAN HEAR YOU LUCIA. >> I JUST CALLED BACK IN. 22:06:18 >> Commissioner Yee: I THINK WE'RE STILL WAITING FOR COMMISSIONER 22:06:21 CARDENAS. >> Commissioner Cardenas: NO I'M 22:06:24 BACK. I KNOW BETTER, I KNOW BETTER, CHAIR. 22:06:27 >> Commissioner Yee: THANKS, OKAY. SO WE HAVE EVERYBODY BACK, RIGHT? 22:06:33 >> YES, TRISH IS HAVING PROBLEMS. SO -- YEAH SO WE'RE WAITING FOR 22:06:36 TRISH? >> NO, NO, WE CAN GO AHEAD, I CAN 22:06:37 MONITOR THE MEETING. CAN I HELP. 22:06:44 YEAH OKAY, WELL THANK YOU FOR EVERYBODY INDULGING ON A BREAK FOR ME. 22:06:47 SO I GUESS WE'RE GOING TO PICK UP WHERE WE LEFT OFF. 22:06:52 IF ANY OTHER COMMISSIONERS MAY HAVE ANY OTHER CLARIFYING QUESTIONS OF THE 22:06:55 PRESENTATION THAT WAS JUST PRESENTED TO US? 22:06:58 IF NOT THEN I'D LIKE TO BE ABLE TO GO TO PUBLIC COMMENTS. 22:07:01 AND THE PEOPLE THAT ARE WAITING. IF THERE ARE PEOPLE WAITING. 22:07:11 >> Commissioner McDonald: COULD I HAVE A QUESTION PLEASE BEFORE WE? 22:07:12 >> Commissioner Yee: COMMISSIONER McDONALD. 22:07:15 >> Commissioner McDonald: IT'S SO VERY BASIC I FEEL LIKE I'M THE ONLY 22:07:17 PERSON WHO DOESN'T QUITE UNDERSTAND IT. 22:07:25 SO WHEN WE SAY THAT IT IS INCLUSIONARY, THEY ACTUALLY BUILD 15%, RIGHT? 22:07:29 I JUST WANT TO CLARIFY. THAT WHEN -- SO WHAT WE'RE ASKING THEM 22:07:45 TO DO IS EITHER BUILD 15% INCLUSIONARY, OR PAY -- IT'S THAT 5% PLUS THE $20 22:07:52 THAT I DON'T QUITE UNDERSTAND. DAN CAN YOU CLARIFY THAT FOR ME? 22:07:56 >> Dan Schoenholz: SO THE OPTIONS -- >> Commissioner McDonald: THE HYBRID 22:07:57 MODELS. >> Dan Schoenholz: THERE ARE MANY 22:08:01 OPTIONS IN THE ORDINANCE. ONE OF THEM IS TO PAY AN IN LIEU FEE 22:08:05 WHICH WOULD BE SET AT, YOU KNOW, WE'RE TALKING ABOUT $44 THAT'S THE STAFF 22:08:12 RECOMMENDATION FOR OWNERSHIP. THEY COULD ALSO PROVIDE 15% 22:08:19 INCLUSIONARY. 5% OF THAT WOULD BE MODERATE INCOME 22:08:23 AND 10% LOW INCOME. SO THAT'S ANOTHER OPTION. 22:08:29 THERE'S ALSO THAT WHAT WE CALLED THE HYBRID OPTION, WHERE THEY COULD 22:08:35 PROVIDE 5% MODERATE INCOME INCLUSIONARY, AND PAY A REDUCED FEE. 22:08:41 AND THE FEE WOULD BE $17 LESS THAN THE $44 WE'RE RECOMMENDING OR $29. 22:08:44 SO THOSE ARE THREE OF THE OPTIONS IN THE ORDINANCE. 22:08:51 AND THOSE ARE THE ONES THAT INVOLVE THAT IN LIEU FEE PAYMENT OR 100% 22:08:55 INCLUSIONARY. >> Commissioner McDonald: SO IN THIS 22:09:02 CURRENT MODEL WE ACTUALLY HAVE PEOPLE WHO CAN STILL PAY THE IN LIEU FEE FOR 22:09:09 MODERATE HOUSING WITHOUT ACTUALLY BUILDING AFFORDABLE HOUSING? 22:09:16 >> Dan Schoenholz: CORRECT? , YES, THEY CAN PAY AN IN LIEU FEE TO MEET 22:09:19 THEIR ENTIRE OBLIGATION UNDER THE ORDINANCE, CORRECT. 22:09:23 >> Commissioner Yee: ALL RIGHT. WITH THAT, IF THERE AREN'T ANY OTHER 22:09:27 CAN CLARIFYING QUESTIONS FROM THE COMMISSION I'D LIKE TO OPEN IT UP TO 22:09:30 PUBLIC COMMENTS. SO WE'RE GOING TO TAKE PUBLIC 22:09:32 COMMENTS. SO TRISH ARE THERE ANY RAISED HANDS 22:09:38 FOR THIS AGENDA ITEM FROM THE PUBLIC? >> I -- CHAIR YEE I'M TAKING A LOOK 22:09:43 NOW AND I DO NOT SEE ANY RAISED HANDS. SO WE DO NOT HAVE ANY SPEAKERS. 22:09:50 >> Commissioner Yee: OKAY. SO WITH THAT, THEN, I WILL THEN CLOSE 22:09:55 THE PUBLIC HEARING FOR THIS ITEM AND THEN GO BACK TO OUR Q&A FOR THE 22:09:57 COMMISSION. AND SEE IF THE COMMISSION HAS ANY 22:10:04 OTHER QUESTIONS FOR STAFF. OKAY. 22:10:07 ANY COMMISSIONERS? GOING ONCE, GOING TWICE. 22:10:12 THIRD TIME. I GUESS IT WOULD BE ME. 22:10:16 I GUESS DAN, MY QUESTION IS TO YOU, IS THAT WITH THIS CHANGES TO THE 22:10:25 ORDINANCE, DOES THIS HELP SIMPLIFY THE PROCESS FOR DEVELOPERS? 22:10:29 >> Dan Schoenholz: YEAH, IT DOES. I THINK, YOU KNOW, HAVING FEWER 22:10:37 CATEGORIES IS MUCH CLEANER. I THINK THE INCLUSIONARY PART WHERE 22:10:42 THEY HAD BEFORE THEY HAD TO PROVIDE INCLUSIONARY UNITS AT FOUR DIFFERENT 22:10:45 INCOME LEVELS AND THEY WERE IN FRACTIONAL PERCENTAGES AND THAT SORT 22:10:48 OF THING. WE DID THAT AT THE TIME BECAUSE WE 22:10:53 WERE GOING DIRECTLY FROM THE NEXUS STUDY AND WE WERE TRYING TO AVOID 22:10:58 LEGAL LIABILITY. SO WE DID EXACTLY WHAT THE NEXUS STUDY 22:11:00 SAID. NOW WE HAVE A LITTLE MORE FREEDOM TO 22:11:08 JUST BE -- TO JUST ROUND NUMBERS, AND, YOU KNOW, KIND OF ALIGN OUR 22:11:10 PERCENTAGES WITH WHAT OTHER COMMUNITIES ARE DOING. 22:11:16 SO I DO THINK THAT THIS VERSION THAT WE'RE -- YOU KNOW THE REVISIONS THAT 22:11:22 WE'RE PROPOSING DEFINITELY WILL MAKE IT EASIER TO UNDERSTAND AND, YOU KNOW, 22:11:24 JUST SORT OF COMPARABLE TO OTHER JURISDICTIONS. 22:11:30 >> Commissioner Yee: OKAY AND I GUESS THE OTHER THING TOO, DOES THIS HELP 22:11:34 PROVIDE THEM MORE FLEXIBILITY TO BE ABLE TO MEET ALL THESE DIFFERENT -- 22:11:38 YOU KNOW BASICALLY IT'S THE TWO CATEGORIES. 22:11:43 SO WOULD THIS BE SOMETHING EASIER FOR THEM IN TERMS OF BEING ABLE TO 22:11:49 ACTUALLY DO VERSUS WHAT WE CURRENT HAVE BEFORE THESE PROPOSED CHANGES? 22:11:50 >> Dan Schoenholz: WELL YOU KNOW IT'S INTERESTING. 22:11:55 BECAUSE I THINK WHEN STAFF BROUGHT THIS TO THE COUNCIL IN THE STUDY SESSION WE 22:11:58 WERE INTERESTED IN REDUCING THE FLEXIBILITY. 22:12:04 BECAUSE IT MAKES IT ALL THE DIFFERENT OPTIONS DO MAKE IT MORE DIFFICULT TO 22:12:07 OADMINISTER, THERE ARE SO MANY DIFFERENT POSSIBILITIES FOR 22:12:09 DEVELOPERS. THE COUNCIL WAS PRETTY CLEAR THAT THEY 22:12:13 WANTED TO RETAIN THE FLEXIBILITY THAT IS IN THE CURRENT ORDINANCE. 22:12:18 SO I DON'T THINK WE'RE EXPANDING IT. BUT I THINK IT'S JUST AS FLEXIBLE AS 22:12:21 THE CURRENT ORDINANCE. WE BASICALLY ARE WORKING WITH ALL THE 22:12:24 SAME OPTIONS. WE'RE JUST TRYING TO MAKE THEM A 22:12:27 LITTLE EASIER TO ADMINISTER AND A LITTLE EASIER TO UNDERSTAND. 22:12:31 >> Commissioner Yee: OKAY THANKS DAN, THOSE ARE BASICALLY MY TWO QUESTIONS. 22:12:36 ANYBODY ELSE HAVE ANY QUESTIONS? COMMISSIONER DAULTON. 22:12:41 I SEE YOUR HAND RAISED. THERE YOU GO. 22:12:44 >> Commissioner Daulton: I DON'T HAVE A QUESTION BUT IF NO ONE ELSE DOES I'D 22:12:49 LIKE TO MAKE A MOTION. I'D LIKE TO MOVE THAT WE RECOMMEND 22:12:54 CITY COUNCIL INTRODUCE THIS ORDINANCE. APPROVING THIS TEXT AMENDMENT. 22:13:01 WITH THE ADDITION THAT WE ASKED COUNCIL TO CONSIDER PUSHING THE FOR-SALE FEES 22:13:11 UP TO THE FULL $50. >> Commissioner Yee: DO I HEAR A 22:13:18 SECOND? >> Commissioner Cardenas: I SECOND. 22:13:24 >> Commissioner Yee: I GOT A SECOND FROM $COMMISSIONER CARDENAS. 22:13:29 SO JOEL. >> Planner Pullen: I DID WANT TO 22:13:37 CLARIFY I DID HEAR THE QUESTION ABOUT COMMISSIONER McDONALD ABOUT $50 WITH 22:13:41 TOIRN HOUSES AND WITH RESPECT TO SINGLE FAMILY. 22:13:49 ARE YOU SAYING THE NEXUS STUDY, I SHOULD ASK THE MAKER OF THE MOTION, SO 22:13:53 DAULTON ARE YOU SAYING UP TO $50 FOR THE TOWN HOUSE AS THE RECOMMENDATION 22:13:58 ONLY OR ONLY THE SINGLE FAMILY HOME? >> Commissioner Daulton: NO I'M 22:14:04 LOOKING FOR ALL FOR SALE UNITS EXCEPT STACKED FLATS. 22:14:07 >> Planner Pullen: SO YOUR RECOMMENDATION IS 50 EXCEPT FOR 22:14:11 STACKED FLATS. I'M READY TO CAPTURE THE VOTE IF THERE 22:14:13 ARE NO QUESTIONS HERE. >> Commissioner Yee: OKAY. 22:14:16 >> Planner Pullen: WHEN I CALL YOUR NAME COMMISSIONERS PLEASE STATE YOUR 22:14:18 VOTE. CHAIRPERSON YEE. 22:14:21 >> Commissioner Yee: YES. >> Planner Pullen: VICE CHAIR RAO IS 22:14:23 ABSENT TONIGHT. COMMISSIONER McDONALD. 22:14:28 >> Commissioner McDonald: AYE. >> Planner Pullen: COMMISSIONER 22:14:31 STECKLER. >> Commissioner Steckler: AYE. 22:14:37 >> Planner Pullen: MAYBE HAVING ISSUES WITH THE AUDIO THERE, 22:14:39 COMMISSIONER STECKLER ARE YOU THERE? 22:14:44 >> Commissioner Steckler: I SAID AYE. 22:14:57 >> Planner Pullen: COMMISSIONER CARDENAS. 22:14:59 >> Commissioner Cardenas: AYE AS WELL. 22:15:02 >> Planner Pullen: COMMISSIONER DAULTON. 22:15:12 >> Commissioner Daulton: AYE. SO THIS IS ALL AYES. 22:15:17 THE COUNCIL IS SAID FOR THE EARLY OCTOBER MEETING. 22:15:20 >> Commissioner Yee: THANK YOU. THAT CONCLUDES OUR AGENDA ITEMS FOR 22:15:28 THIS EVENING. MISCELLANEOUS ITEMS STARTING WITH 22:15:30 STAFF UPDATES JOEL. >> Planner Pullen: I JUST WANT TO 22:15:33 BRIEFLY MENTION TWO THINGS. WE WON'T HAVE A MEETING ON SEPTEMBER 22:15:35 9th. WE'VE HAD A BREAK HERE IN THE SUMMER 22:15:39 AND WE'LL HAVE ONE MORE MEETING BREAK AT LEAST BEFORE OUR NEXT MEETING WOULD 22:15:43 BE AFTER THAT SEPTEMBER 23rd, PENDING AGENDA ITEMS. 22:15:48 ALSO I DID WANT TO REITERATE THAT WE DID HAVE SOME TECHNICAL DIFFICULTIES 22:15:52 TONIGHT SO WE WILL BE POSTING THAT ZOOM RECORDING AS SOON AS WE'RE ABLE TO IN 22:15:54 THE MONK. SO THANK YOU FOR YOUR PATIENCE WITH 22:15:58 THAT AND WITH THE TECHNICAL ISSUES AND BACK TO YOU CHAIR, THAT'S ALL I HAD. 22:16:02 >> Commissioner Yee: ALL RIGHT SO ANY INFO FROM THE COMMISSIONERS? 22:16:06 COMMISSIONER CARDENAS YOU SAID YOU WANTED TO SHARE SOMETHING? 22:16:08 >> Commissioner Cardenas: YES I DID REALLY QUICKLY. 22:16:12 JUST A LITTLE DOING WELL BY DOING GOOD OUT HERE WITH FIVE DAYS TO SEPTEMBER 22:16:16 AND SINCE WE'RE NOT MEETING AT THE BEGINNING OF SEPTEMBER, I JUST WANTED 22:16:20 TO SHARE A WONDERFUL ORGANIZATION THAT'S GOING TO 22:16:25 BE LAUNCHING HERE IN SEPTEMBER. IT'S THE LOCAL YOUNG BOY FOUR YEARS 22:16:30 OLD, JAMMER STRONG FOUNDATION, PEDIATRIC CANCER AWARENESS. 22:16:34 AND I JUST WANTED TO READ A LITTLE PIECE ON HIS BEHALF SO GIVE ME 30 22:16:37 SECONDS AND I PROMISE I'LL GET THROUGH THIS REALLY QUICK. 22:16:43 AT THE START OF THE GLOBAL COVID-19 PANDEMIC IN 2020, THE EVERYSON FAMILY 22:16:52 FACED EVERY PARENT'S WORST NIGHTMARE, THE YOUNGEST WAS DIAGNOSED WITH A VERY 22:17:01 RARE FORM OF CANCER. JAMISON WAS DIAGNOSED WITH DLG AND T 22:17:08 ON APRIL 22nd, 2020. JAMISON AK JAMMERS HAS BEEN BATTLING 22:17:14 THIS RARE FORM OF CANCER WITH MINIMAL RESEARCH FOR KIDS DIAGNOSED WITH DLG 22:17:21 AND T. THIS WILL REQUIRE MORE MONEY TO DRIVE 22:17:26 REAL KIDS FIGHTING CANCER. THEY ARE MOTIVATED AND PASSIONATE TO 22:17:34 CONTINUE THE FIGHTING FOR PEDIATRIC CANCER RESEARCH. 22:17:38 TO CREATE AWARENESS, EDUCATE AND FIGHT FOR A CURE FOR EVERY CHILD WITH 22:17:40 CANCER. I THOUGHT THAT WAS A WONDERFUL WAY TO 22:17:45 KICK OFF PEDIATRIC CANCER AWARENESS MONTH IN SEPTEMBER AND IT'S JUST A 22:17:49 REAL POSITIVE MESSAGE FROM A REALLY WONDERFUL FAMILY THAT'S DEALING WITH 22:17:53 SOME REALLY -- A REALLY TERRIBLE DISEASE AND THEY'RE 22:17:58 DOING THEIR BEST TO HELP OTHERS BY SHARING THEIR STORIES. 22:18:04 THE EVERSON FAMILY GOD BLESS YOU GUYS AND ON BEHALF OF THE ENTIRE COMMISSION 22:18:07 WE WISH YOU WELL. >> Commissioner Yee: THANK YOU, 22:18:10 COMMISSIONER CARDENAS. ANYBODY ELSE HAVE ANYTHING TO SHARE? 22:18:13 I SEE BLANK FACES. SO I HAVE SOMETHING TO SHARE. 22:18:17 I WANT TO TALK ABOUT AS WE ALL KNOW WHAT'S GOING ON, I SEE PEOPLE 22:18:20 LAUGHING. WHAT'S GOING ON IN AFGHANISTAN, SO AS 22:18:27 YOU MAY KNOW, WE HERE IN FREMONT HAVE THE AFGHAN REFUGEE HELP FUND. 22:18:31 WHICH IS BEING DONE BY THE CITY OF FREMONT HUMAN SERVICES DEPARTMENT IS 22:18:36 RAISING MONEY TO PROVIDE DIRECT ASSISTANCE TO AFGHAN REFUGEES WHO ARE 22:18:41 ARRIVING IN THE TRICITY AREA, FROM AFGHANISTAN. 22:18:47 I WOULD LIKE TO ACKNOWLEDGE MAYOR MEI WHO INITIATED THIS PROGRAM WITH THE 22:18:52 HUMAN SERVICES DEPARTMENT. PLEASE GO TO FREMONT.GOV AND YOU'LL 22:18:58 FIND THE LINK TO DONATE. BE SO OWNER KNOWS, AS OF THIS MORNING 22:19:04 I WAS TOLD IT WAS $90,055.72 AS OF TODAY. 22:19:12 SO PLEASE DONATE GO TO FREMONT.GOV, IF I WANTED TO SHARE, IF SNOB ILLS IS 22:19:16 SHARING ANYTHING IF THERE IS NO FURTHER INFORMATION, FROM MY FELLOW 22:19:19 COMMISSIONERS, YOU KNOW WHAT IT IS, I'LL ADJOURN 22:19:34 THE MEETING AT 10:19 P.M. >> Commissioner Cardenas: THANK YOU 22:19:36 GUYS. SEE YOU AT THE FLEA MARKET. 22:19:37 >> Commissioner McDonald: GOOD NIGHT.