February 23, 2023 Planning Commission Meeting Steno-captioner notes:
>> VICE CHAIR RAO: GOOD EVENING.
HAPPY NEW YEAR EVERYONE.
THIS IS OUR FIRST TIME DOING YOU'RE MEETING IN PERSON FOR APPROXIMATELY THREE YEARS.
AND I RECALL THE FEBRUARY 23RD, 2023 PLANNING COMMISSION MEETING TO ORDER.
TONIGHT, WE HAVE MANY COMMISSIONERS WHO ARE NEW TO THE COMMISSION SINCE LAST YEARS.
SO THEY'RE ALL HERE TONIGHT AND TONIGHT MAY BE A LITTLE ROCKY GETTING USED TO THE NEW FORMAT, SO PLEASE BEAR WITH US.
WE'LL START TONIGHT WITH THE PLEDGE OF ALLEGIANCE.
I REQUEST COMMISSIONER LIU, PLEASE LEAD US IN THE PLEDGE OF ALLEGIANCE.
>> COMMISSIONER LIU: SURE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
>> COMMISSIONER RAO: AT THIS TIME, I WOULD LIKE TO ASK EVERYONE TO PLEASE SILENT THEIR ELECTRONIC DEVICES.
AND FROM -- YES AND PLANNING COMMISSION SECRETARY PLEASE INTRODUCE THE STAFF AND TAKE THE ROLL CALL.
>> PLANNER PULLEN: MY NAME IS JOEL PULLEN.
I'M GOING TO GIVE A LITTLE BIT OF INTRODUCTION OF STAFF AND ALSO A LITTLE BIT OF OUR DIFFERENT FORMAT TONIGHT.
AS THE CHAIR MENTIONED WE'RE BACK IN PERSON AND I'D SAY MY FIRST IMPRESSION DOING THE PLEDGE OF ALLEGIANCE IS MUCH MORE SEAMLESS IN PERSON THAN ON ZOOM.
STAFF TONIGHT, I'M PLANNING COMMISSION SECRETARY, JOINING US IS SENIOR DEPUTY SENIOR ATTORNEY HEATHER LEE, AND CLERK KIM SAL.
THE SPEAKER WILL BE RECOGNIZED DURING ORAL COMMUNICATION OPPORTUNITIES. ANY STAFF HAS BEEN PROVIDED TO THE COMMISSION PRIOR TO THE MEETING.

I'LL CALL THE ROLL, VICE CHAIR RADIO, HERE. COMMISSIONER LIU, HERE.
COMMISSIONER STECKLER, PRESENT. COMMISSIONER YEE, HERE.
COMMISSIONER RAMAMURTHI, HERE.
COMMISSIONER YONGGANG ZHANG IS ABSENT.
AND COMMISSIONER BASRAI, HERE.
SIX PERSONS PRESENT ONE PERSON ABSENT.
THIS IS OUR FIRST TIME WITH A NEW COMMISSIONER REAR TONIGHT.
SHOBANA RAMAMURTHI WAS APPOINTED TO THE PLANNING COMMISSION SINCE WE LAST MET IN PERSON AND THIS IS HER FIRST MEETING.
I'D GIVE HER THE OPPORTUNITY TO SAY A FEW WORDS AND INTRODUCE HER TO THE COMMISSION.
>> THANK YOU.
I RAISED BOTH MY KIDS HERE, THEY WENT TO FREMONT UNIFIED.
ONE IS IN THE U.S. ARMY AND THE OTHER ONE IS A JUNIOR IN COLLEGE DOING COMPUTER SCIENCE.
AND LAST FOUR YEARS, I SERVED AS THE COMMISSIONER WITH THE HUMAN RELATIONS COMMISSION AND I'M LOOKING FORWARD TO MAKING A POSITIVE IMPACT IN OUR CITY.
AND CONTRIBUTING AND FOR THE NEXT FOUR YEARS HERE WITH THIS COMMISSION. AND LOOKING FORWARD TO WORKING WITH MY FELLOW COMMISSIONERS.
THANK YOU.
>>PLANNERPULLEN: WELCOMECOMMISSIONER.
IF ANYBODY ELSE WANTS TO SAY A FEW WORDS NOW IS THE TIME.
>> COMMISSIONER RAO: NOBODY WANTS TO.
>> PLANNER PULLEN: ALL RIGHT, BACK TO YOU CHAIR FOR YOUR COMMENTS. >> COMMISSIONER RAO: WELCOME COMMISSIONER.
WE HAVE TWO PACKS OF MINUTES.

>> I MAKE A MOTION TO ACCEPT THE MINUTES.
>> SECOND.
>> COMMISSIONER RAO: CAN EVERYONE VOTE ON THIS?
>> PLANNER PULLEN: JUST FOR EVERYBODY'S UNDERSTANDING WE HAVE A NEW VOTING SYSTEM, SINCE THE LAST TIME THE COMMISSIONERS USED IT, SHOULD BE RELATIVELY SIMPLE BUT WE'RE PROBABLY GOING TO GET USED TO IT TONIGHT.
ARE THEY OPEN TONIGHT FOR VOTING KIM? >> YES.
>> COMMISSIONER RAO: I'M ASSUMING THERE IS NO DISCUSSION ON THIS SO WE'LL GO FOR THE VOTE.
75 AYES, ONE ABSENT ONE ABSTAIN.
BACK TO YOU JOEL.
>>PLANNERPULLEN: ALLRIGHT.
SO TONIGHT WE'RE GOING TO ELECT THE OFFICERS FOR THIS CALENDAR YEAR.
SO JUST FOR BACKGROUND EVERY YEAR WE ELECT A NEW CHAIR AND VICE CHAIR OF THE COMMISSION.
THE CHAIR'S DUTY IS TO RUN THE MEETINGS AND IN THE CHAIR'S ABSENCE THE VICE CHAIR RUNS THE MEETINGS.
AND SO IN YEARS PAST, WHAT I DO IS, I JUST GIVE THE COMMISSION THE INFORMATION ABOUT WHO SERVED PREVIOUSLY, AND THEN IT WOULD BE APPROPRIATE FOR COMMISSION MEMBERS TO MAKE NOMINATIONS AND A SECOND AND THEN TO VOTE ON A NEW CHAIR AND VICE CHAIR.
AND SO LAST YEAR, THE CHAIR WAS OUR EX-COMMISSIONER ROBERT DAULTON.
AND THE VICE CHAIR WAS REENA RAO, AND THE YEAR BEFORE WAS BEN YEE AND THE VICE CHAIR WAS REENA RAO.
I'LL TURN IT BACK TO THE CHAIR FOR DISCUSSION AND NOMINATION.
>> COMMISSIONER RAO: SO I WOULD REQUEST SOMEONE TO NOMINATE THE CHAIRPERSON FOR CHAIR AND VICE CHAIR FOR THE UPCOMING YEAR.
>> COMMISSIONER YEE: WELL WE NORMALLY GO BY SERVICE DATE.
SO BASED ON THAT I WOULD THIN MAKE A NOMINATION FOR COMMISSIONER LIU TO BE CHAIR AND THEN COMMISSIONER ZHANG TO BE VICE CHAIR BASED ON THE SERVICE DATES.

SURE SO OPEN FOR VOTING RIGHT JOEL?
>> PLANNER PULLEN: UNLESS THERE IS ANY DISCUSSION. >> COMMISSIONER RAO: IS THERE ANY DISCUSSION?
NO DISCUSSIONS.
>> PLANNER PULLEN: WAS THERE A SECOND?
>> COMMISSIONER RAO: >> COMMISSIONER YEE: >> COMMISSIONER RAO: I CAN SECOND IT.
WAS THERE A SECOND? YES NEED A SECOND.
I CAN SECOND IT.
>> PLANNER PULLEN: ALL RIGHT, SO A MOTION BY COMMISSIONER YEE, LIU, WITH YEE, BASED ON THE SERVICE DATE, COMMISSIONER LIU TO BECOME THE NEXT YEAR AND FOR COMMISSIONER ZHANG WHO IS ABSENT TONIGHT TO BECOME THE VICE CHAIR.
WE'LL CALL FOR THE VOTE AND KIM'S SYSTEM IS OPEN FOR YOUR VOTE.
ALL RIGHT SIX AYES.
>> COMMISSIONER RAO: 6 AYES.
>> PLANNER PULLEN: WE'RE AT A POINT WHERE WE'RE GOING TO SWITCH TO THE NEW CHAIR FOR THE MEETING.
WE'LL TAKE A FIVE-MINUTE BREAK, WE'LL COME BACK AT 7:15. >> COMMISSIONER RAO: THANK YOU.
[ RECESS ]
>> CHAIR LIU: ALL RIGHT, LET'S RESUME OUR MEETING.
I JUST WANT TO SAY THANK YOU VICE CHAIR RAO FOR SERVING TWO YEARS AS VICE CHAIR, THANK YOU FOR YOUR SERVICE.
IT IS AN HONOR AND PRIVILEGE TO SERVE AS THE PLANNING COMMISSION CHAIR THIS YEAR, WHAT A WONDERFUL OPPORTUNITY.
SO LET'S MOVE ON TO OUR REGULAR AGENDA ITEMS.
FIRST OF ALL, BEGIN BY ASKING IF THERE ARE ANY DISCLOSURES. THAT YOU'RE COMMISSIONERS HAVE FOR TONIGHT'S ITEMS. COMMISSIONER RAO.

>> COMMISSIONER RAO: FOR ITEM 1 I JUST DROVE BY THE PROPERTY.
THANK YOU.
>> CHAIR LIU: COMMISSIONER YEE.
>> COMMISSIONER YEE: I SPOKE TO THE RESIDENTS THAT ARE SURROUNDING THE CHURCH PROPERTY.
>> CHAIR LIU: COMMISSIONER STECKLER.
>> COMMISSIONER STECKLER: I DROVE BY THE AREA TO REVIEW IT.
I'VE ATTENDED MASS THERE SEVERAL TIMES SO FAMILIAR WITH IT.
>> CHAIR LIU: COMMISSIONER RAMAMURTHI.
>> COMMISSIONER RAMAMURTHI: I DID DRIVE BY IT.
CAN I TALK ABOUT IT WHEN WE TALK ABOUT THE ITEM?
>> CHAIR LIU: YOU CAN TALK ABOUT WHEN WE HAVE THE DISCUSSION.
COMMISSIONER BASRAI.
>> COMMISSIONER BASRAI: I UNFORTUNATELY WAS OUT OF TOWN.
>> CHAIR LIU: I HAVE A LITTLE BIT OF DISCLOSURE TOO.
I DROVE TO THE SITE AND STAY AT THE PARKING LOT AND OBSERVED THE GROWN FIELD RIGHT NOW SO DIDN'T SPEAK TO ANYONE.
THANK YOU.
SO AT THIS POINT I'D LIKE TO INVITE ANY PUBLIC IF THEY HAVE ANY COMMUNICATIONS, ANY ITEMS THEY WANT TO TALK ABOUT.
SO WE'RE GOING TO, IF YOU WOULD LIKE TO SPEAK ABOUT ANYTHING THAT IS NOT ON THE AGENDA TONIGHT, SO PLEASE PROVIDE A SPEAKER CARD TO THE CLERK, AND EACH SPEAKER WILL HAVE TWO MINUTES TONIGHT.
WE'LL PAUSE FOR A MOMENT AND ASK THE RECORDING CLERK, TRISH CORDOVA IF WE HAVE ANY SPEAKER CARDS FOR ORAL COMMUNICATION.
THESE ARE FOR ANY TOPICS NOT ON TONIGHT'S AGENDA.
>> PLANNER PULLEN: AND WE HAVE A CHANGE IN CLERK TONIGHT FROM OUR ZOOM TIME, TRISH CORDOVA WAS OUR CLERK AND NOW KIM SALAZAR IS OUR CLERK FOR IN-PERSON MEETINGS.
KIM ANY CARDS?

>> THE CLERK: YES, CHAIRPERSON WE HAVE KELLY ABREW WHO WANTS TO SPEAK AT ORAL COMMUNICATIONS.
KELLY ABREW.
>> CHAIR LIU: PLEASE YOU HAVE TWO MINUTES.
I'M GOING TO SET TWO MINUTES.
>> OKAY, THANK YOU.
SO THE WORK OF THE PLANNING COMMISSION HAS SOMETHING OF AN IMPACT ON THE OVERALL CITY.
LET ME GO THROUGH A LITTLE -- A COUPLE OF -- TWO EXAMPLES.
THE OHLONE COLLEGE, FOR MANY YEARS HAS HAD PEOPLE RUNNING ACROSS THE STREET TRYING TO GET TO STARBUCKS.
AND THEY MOSTLY SURVIVED.
AND FINALLY, RECENTLY, JUST RECENTLY, THE CITY WENT OUT THERE AND BUILT THE CROSSWALK THAT I'VE BEEN ASKING FOR, FOR FIVE YEARS OR MORE.
AND GOING STRAIGHT FROM THIS LOVELY PATH STRAIGHT TO THE STARBUCKS. NOW WHAT DOES THIS HAVE TO DO WITH PLANNING COMMISSION?
WELL, IT'S THE CROSSWALK TO NOWHERE.
THERE IS NO STARBUCKS THERE.
THERE IS NO BANK OF AMERICA THERE, THERE IS NO SUBWAY SANDWICH THERE.
THE WORK OF THIS PLANNING COMMISSION HAS DESTROYED MISSION SAN JOSE.
IT'S BECOMING AN EMPTY HULK AND MAYBE THE ONLY THING LEFT IS MISSION COFFEE.
YOU DESTROYED THE 7ELEVEN, MORE DERELICT AND MORIBUND, SAME WITH NILES, WE JUST APPROVED THE NILES GATEWAY, THE MOST IRONICALLY NAMED PLACE AROUND.
DOWN 30 OR 40% FROM THE ORIGINAL PROPOSAL BECAUSE THE WORK OF THIS PLANNING COMMISSION IS TO CUT HOUSING UNITS AS MUCH AS POSSIBLE.
AND YOU DID THAT.
AND THEN THE OTHER THING THAT YOU DID, WHICH IS TRULY DESTRUCTIVE OF THE SPIRIT AND FABRIC OF NILES, NILES IS A TRADITIONAL STREET GRID, MANHATTAN STYLE, QUADRANGULAR.
YOU CREATED A CUL-DE-SAC.

YOU CREATED A LITTLE COMMUNITY AND THEN BUILT LITTLE COURTYARDS. THIS IS A TRAVESTY.
A DISGRACE TO THE TRADITIONAL NILES AND THIS PLANNING COMMISSION WAS VERY MUCH INVOLVED IN THAT.
THANKS.
>> CHAIR LIU: THANK YOU.
ANY OTHER SPEAKERS?
>>THECLERK: NO.
WE HAVE NONE.
>> CHAIR LIU: ALL RIGHT, THANK YOU.
SO AT THIS POINT WE CAN MOVE ON TO OUR REGULAR AGENDA ITEMS.
AND WE HAVE THREE AGENDA ITEMS TONIGHT.
I'M GOING TO ASK OUR COMMISSION SECRETARY JOEL TO READ THE VERY FIRST ITEM.
>> PLANNER PULLEN: THANKS CHAIR.
THE FIRST ITEM OF TONIGHT'S AGENDA OUT OF THREE IS THE ST. JAMES NEW CHURCH CONDITIONAL USE PERMIT AMENDMENT.
THIS IS AT 34700 TREATMENT BOULEVARD.
THIS IS TO CONSIDER A CONDITIONAL USE PERMIT AMENDMENT AND DISCRETIONARY DESIGN REVIEW
PERMIT TO CONSTRUCT A NEW 18,000-SQUARE-FOOT WORSHIP CENTER ON AN EXISTING CHURCH SITE LOCATED AT 34700 FREMONT BOULEVARD IN THE NORTH FREMONT COMMUNITY PLAN AREA, AND TO CONSIDER A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE AN

EXEMPTION FROM THE REQUIREMENTS
OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN THE IN-FILL ACT, AND TO CONSIDER A GENERAL PLAN.
JAMES WILLIS IS HERE AND BY TRADITION THE APPLICANT IS GIVEN TEN MINUTES AND FOLLOWED BY PUBLIC SPEAKERS AND A 5 MINUTE REBUTTAL IF THEY ARE SO INCLINED.
JAMES IS READY FOR THE PRESENTATION.
>> OKAY, PLEASE.
GOOD EVENING, COMMISSIONERS.
PROJECT BEFORE THE COMMISSION THIS EVENING IS THE ST. JAMES NEW CHURCH, USE AMENDMENT.
IN THE OCTOBER OF 1974, THE PLANNING COMMISSION ALLOWED A CONDITIONAL USE PERMIT, WHICH LOUD THE CHURCH AT 37144 FREMONT BOULEVARD WITH 220 SEATS.
A NEW CONDITIONAL USE PERMIT TO ALLOW A PHASED EXPANSION OF THE SITE CONSISTING OF A NEW EDUCATION BUILDING AND A NEW 600 SEAT CHURCH BUILDING ON THE CURRENT PARKING LOT.
THE EDUCATION BUILDING WAS COMPLETED IN FEBRUARY, 2018.
IN JULY 2018, THE PLANNING COMMISSION APPROVED A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A CHILD DAYCARE TO OPERATE WITHIN THE EDUCATIONAL BUILDING, WHEN THE CHURCH IS NOT OPERATING.
THE APPLICANTS DETERMINED THAT THE CAMPUS DESIGN FROM THE 2012 C.U.P. WAS NO LAVISH THAN THEY NEEDED SO THEY SUBMITTED THE CURRENT APPLICATION IN MARCH 2021 TO MODIFY THE DESIGN FOR THE NEW SMALLER CHURCH IN A LOCATION THAT WOULD REQUIRE LESS MODIFICATIONS TO THE EXISTING SITE IMPROVEMENTS.
THE APPLICANT IS PROPOSING AN AMENDMENT TO THEIR EXISTING USE PERMIT TO ALLOW CONSTRUCTION OF A NEW CHURCH BUILDING WITH 550 SEATS, AND A NEW ATTACHED PARISH CENTER TO ACCOMMODATE CHURCH OFFICES AND SMALL MEETING ROOMS.
ALL EXISTING BUILDINGS ON THE SITE WOULD REMAIN INCLUDING THE EXISTING CHURCH BUILDING, WHICH WILL BE REPURPOSED AS THE PARISH HALL.
THE PROJECT SITE IS DESIGNATED LOW DENSITY RESIDENTIAL IN THE GENERAL PLAN AND THE SITE IS DESIGNED R-1-6, 1800 SQUARE FOOT BUILDING AT THE SOUTHEAST CORNER OF THE SITE.

MIDDLE EAST ARCHITECT, WITH TILE ROOF AND STUCCO WALLS, THE PARKING LOT WOULD REMAIN LARGELY UNTOUCHED EXCEPT FOR A MINOR RESTRIPING TO ACCOMMODATE A ROW OF ELECTRIC VEHICLE CHARGERS.
A NEW CIRCULAR DROPOFF AREA IN FRONT OF THE NEW CHURCH WOULD ALLOW VEHICLES TO DROP OFF PARISHIONERS AT THE DOORSTEP OF THE NEW CHURCH.
THE REMAINING PROJECT SITE WOULD BE LANDSCAPED WITH A FUTURE PRAYER PARK FOR PARISHIONERS.
THE PROPOSED BUILDINGS WOULD HAVE A SINGLE FLOOR, AND THE HEIGHT OF THE CHURCH IS SLIGHTLY TALLER THAN THE THREE-STORY TOWN HOMES WHICH BORDER THE SITE ON FREMONT BOULEVARD.
THE TOWN HOMES ARE SEPARATED FROM THE NEW CHURCH BUILDING BY AN EXISTING MASONRY WALL AND BY PROPOSED LANDSCAPING IN ADDITION TO A 41 FOOT SET BACK.
NO OFF SITE CIRCULATION ISSUES ARE ANTICIPATED BECAUSE THE PARKING LOT WOULD HAVE 64 MORE PARKING SPACES THAN WHAT IS REQUIRED FOR THE CHURCH AT MAXIMUM CAPACITY AND NO OTHER USES WOULD BE OCCURRING AT THE SITE WHEN THE CHURCH IS HOLDING SERVICES.
THE CHURCH IS OPERATED AT THE SITE SINCE 1976, AND ONLY ONE ADJACENT HOME PREDATES THE CHURCH.
STAFF RECOMMENDS THAT THE PLANNING COMMISSION FIND THE PROJECT EXEMPT FROM CEQA FOR THE REASONS ENUMERATED IN THE STAFF REPORT AND APPROVE THE PROJECT AS SHOWN IN EXHIBIT A AND SUBJECT TO CONDITIONS OF APPROVAL CONTAINED IN EXHIBIT B.
THANK YOU.
>> CHAIR LIU: THANK YOU.
AT THIS TIME I WOULD LIKE TO ASK IF THERE'S ANYONE IN THE PUBLIC WHO WOULD LIKE TO SPEAK ABOUT THIS PROJECT.
AND KIM SALAZAR DO WE HAVE -- DO WE HAVE ANYONE WHO WANT TO SPEAK?
>> THE CLERK: WE HAVE NO SPEAKER CARDS BUT I BELIEVE THERE'S A POSSIBLE PRESENTATION BY THE APPLICANT.
>> CHAIR LIU: OKAY.
>> PLANNER PULLEN: THAT'S RIGHT.
WE COULD TAKE THE APPLICANT PRESENTATION FIRST, IF THERE ARE NO CLARIFYING QUESTIONS OF JAMES.

>> CHAIR LIU: OKAY. >> READY?
GOOD EVENING FREMONT PLANNING COMMISSIONERS, MY NAME IS CHRIS KELLY OF CHRIS KELLY ARCHITECT AND I'M A SECOND GENERATION ARCHITECT FOLLOWING MY FATHER.
OUR CONDITIONAL USE PERMIT, ST. JAMES CATHOLIC CHURCH HAS BEEN WORSHIPING SINCE THE 1970S.
THE CURRENT SITE HAS THE EXISTING CHURCH, A RECTORY WHERE THE PASTOR LIVES, A RELIGIOUS EDUCATION BUILDING AND A PARKING LOT FOR 167 CARS.
AS WAS NOTED BY STAFF THE CHURCH SUBMITTED A C.U.P. IN 2012 THAT WAS PLANNED TO BUILD A NEW CHURCH AND A RELIGIOUS EDUCATION BUILDING.
THE MOTHER TERESA CENTER WAS COMPLETED IN 2018 AND HAS SERVED THE COMMUNITY WELL.
THIS BUILDING QUICKLY BECAME AN INTEGRAL SUPPORT BUILDING THAT THE CHURCH WANTED THE NEW PROJECT TO CONNECT WITH.
THE PREVIOUSLY APPROVED CHURCH DESIGN DIDN'T MEET THEIR EXPECTATIONS, IT DIDN'T LOOK LIKE OR FEEL LIKE A CATHOLIC CHURCH.
BECAUSE THE NEW CHURCH BUILDING WILL BE THE FINAL AND MOST IMPORTANT BUILDING ON SITE WE HAVE DECIDED TO REDESIGN AND RELOCATE THE PREVIOUSLY APPROVED PROJECT.
WE CHOSE TO LOCATE THE MAIN CHURCH BUILDING ON FREMONT BOULEVARD TO CONTINUE THE PRESENCE ON THE MAIN ARTERIAL STREET.
THE SCALE OF THE CHURCH BUILDING ALSO HELPS CREATE AND MAINTAIN THE URBAN EDGE ALONG FREMONT BOULEVARD.
WE SPLIT OFF THE NONESSENTIAL FUNCTIONS OF THE CHURCH TO ITS OWN CONNECTING BUILDING THE NEW PARISH CENTER IN ORDER TO CREATE OUTDOOR SPACES, THE BRING COURT AND COURTYARD.
THIS ALSO HELPS THE BUILDING TO BE MORE IN SCALE WITH THE NEIGHBORHOOD AND NOT LOOK LIKE A MEGA-STYLE CHURCH.
A SMALL PARKING LOT FOR ACCESSIBILITY AND DROPOFF TURN AROUND CONNECTS THE REMAINING PARKING LOT TO THE CHURCH.
THE REMAINING SPACE WILL BE DEVELOPED AS A PRAYER PARK, CARE WAS TAKEN TO MAINTAIN SET BACKS FROM THE EXISTING HOMES.
WE CHOSE TO CONTINUE WITH THE ORIGINAL STYLE AND LAYOUT.

THE NEW CHURCH WILL HAVE A BASIL CAN A CROSS PLAN.
THE PARISH CENTER BUILDING WILL HOUSE CHURCH OFFICES RESTROOMS AND A RECEPTION ROOM FOR COFFEE HOUR AND OTHER SMALL FUNCTIONS.
IN THE CONNECTION WITH THE CHURCH WITH THE SIMPLE ENTRY ELEMENT, PERPENDICULAR TO THE CHURCH CREATING THE OUTDOOR SPACES.
THE EXTERIOR OF THE BUILDING WILL HAVE ARCHED WINDOWS AND OPENING TO EXPRESS OPENINGS.
STEPPED DOWN TO REDUCE THE SCALE OF THE OVERALL STRUCTURE. A CUPOLA, CONCRETE BARELY ROOF TILES AND PLANS FOR SIDING.
THERE IS A CONTINUOUS WAINSCOT, THIS IS AN IMAGE FROM THE PRAYER PARK TO THE CHURCH ENTRY, THIS IS AN IMAGE OF THE DROPOFF TURN AROUND THAT CONNECTS THE ENTRANCE OF THE CHURCH TO THE EXISTING PARKING LOT.
THIS LAST IMAGE IS OF THE CHURCH ENTRY COURTYARD. THIS IS THE IMAGE OF THE PROPOSED PROJECT BEFORE YOU.
THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS MUCH NEEDED AND IMPORTANT PROJECT.
THE CHURCH IS EXCITED WITH A VISION FOR THE NEW WORSHIP SPACE.
THANK YOU AGAIN TO THE STAFF AND PLANNING COMMISSION FOR YOUR SUPPORT IN APPROVING THIS PROJECT.
>> CHAIR LIU: OKAY. THANK YOU.
SINCE THERE ARE NO MORE PUBLIC WHO WANT TO -- NO MORE-NO ONE WHO WANTS TO SPEAK, I WOULD LIKE TO JUST CLOSE THE PUBLIC HEARING FOR THIS ITEM.
AND MOVE ON TO THE FURTHER QUESTIONS AND ANSWERS BY THE COMMISSION.
SO I WOULD LIKE TO ASK NEXT, COMMISSIONER RAMAMURTHI YOU'RE NEXT ON MY LIST.
>> COMMISSIONER RAMAMURTHI: I HAVE COUPLE OF QUESTIONS AND CONCERNS.
I DID MAKE A SITE VISIT, I WAS ABLE TO VISIT THE CHILDCARE CENTER AND TALK TO THEM AND THE NEIGHBORS.
TWO THINGS GOT MY ATTENTION.

ONE IS THIS CONSTRUCTION SITE IS RIGHT NEXT TO THE CHILDCARE CENTER WHERE 120 KIDS ARE THERE.
SO THIS CONSTRUCTION WHEN IT IS HAPPENING, IS THIS CENTER FOR CHILDCARE GOING TO BE IN OPERATION?
OR IS IT GOING TO BE CLOSED?
DID WE CHECK WHETHER THERE'S ANY HAZARD, HEALTH HAZARD FOR THE KIDS?
THEN SECOND QUESTION IS, WHAT THE NEIGHBORS INFORMED ME IS THEIR CONSISTENT EVERY WEEKEND WHEN THE MASS HAPPENS, THEY HAVE THE PARKING LOT SPILLS OVER INTO THE NEIGHBORING STREETS.
AND THIS NEIGHBOR ACTUALLY GAVE ME PERMISSION TO USE HER NAME. ALSO MAY LYNN DUANG.
SHE LIVES IN (INAUDIBLE) SHE HAS A CHILD WHO NEEDS WHEELCHAIR AND GETTING IN AND OUT DURING THOSE DAYS IS JUST DIFFICULT FOR HER.
AS A MOM SHE STRUGGLES WITH IT AND SHE HAS COMPLAINED MULTIPLE TIMES TO THE CHURCH.
AND NOWHERE, NO HELP FOR HER.
I'M WONDERING IS IT POSSIBLE, THE CITY CAN ISSUE NO PARKING ON THE STREETS?
BECAUSE WE ARE BUILDING MORE, WE ARE EXPANDING THIS BUILDING, AND I SEE THERE ARE NINE SPACES, FIVE STANDARD PARKING SPACE AND FOUR ACCESSIBLE PARKING SPACE ARE PROVIDED WITH THE NEW STRUCTURE.
BUT HOWEVER, IN TOTAL, THERE IS A REDUCTION OF TWO.
SO WE ARE BUILDING NEW STRUCTURE.
BUT REDUCING THE PARKING SPACE.
SO MY QUESTION IS, IS THERE ANYTHING THE CITY CAN DO TO STOP THESE PEOPLE FROM PARKING NEAR RESIDENTIAL AREA AND MAKING LIFE DIFFICULT FOR THEIR NEIGHBORS?
THE REASON THAT I'M BRINGING IT UP IS BECAUSE OF THIS DOCUMENT THAT YOU GAVE US, THE LAND USE POLICY 2.3.10, NONRESIDENTIAL AND CIVIC USERS, IT SAYS THE SAME THING TO ENSURE THAT THEY OPERATE IN A MANNER THAT IS SENSITIVE TO NEIGHBORHOOD CONCERNS AND THAT MAINTAINS THE QUALITY OF LIFE.
WHICH RIGHT NOW THE NEIGHBORS ARE COMPLAINING.
AND THEN I SPOKE TO ONE OTHER PERSON WHO DID NOT GIVE ME THE NAME.

PERMISSION TO USE THE NAME.
BUT ALSO ECHOED THE SAME CONCERNS.
SO IF WE ARE GOING TO GIVE PERMISSION, I THINK WE SHOULD CONSIDER THE POSSIBILITIES, HOW WE CAN ALLEVIATE THIS PROBLEM.
BECAUSE SOME STREETS IN FREMONT YOU CANNOT PARK.
CAN WE COME UP WITH SOMETHING?
CAN THIS COMMISSION INSTRUCT TO LOOK INTO SOME OPTIONS LIKE THAT?
DO WE HAVE POWER FOR THAT?
SO THOSE ARE THE TWO CONCERNS OR THE ME.
>> PLANNER PULLEN: SO I'LL LET JAMES SPEAK TO THE PARKING STANDARD, AND LEVEL OF COMPLIANCE WITH THE EXISTING AND THE PROPOSED BUILDING.
AND THEN I'LL FOLLOW UP FROM THAT.
>> TO ANSWER YOUR FIRST QUESTION ABOUT CONSTRUCTION AND THE DAYCARE, I'VE NOT SPOKEN TO THE CHURCH SPECIFICALLY ABOUT WHETHER OR NOT THE DAYCARE WILL BE OPERATING HOWEVER I DON'T SEE ANY REASON WHY IT WOULD NOT BE OPERATING BECAUSE THEY HAVE AN ACTIVE USE PERMIT AND IT'S AN ACTIVE USE.
THE CONSTRUCTION RULES DURING A BUILDING PERMIT IS THAT A SITE HAS TO BE SECURED WHICH MEANS THEY WOULD HAVE TO HAVE FENCING AROUND THE SITE.
IT WOULD HAVE TO BE MAINTAINED IN A SAFE MANNER.
IT'S REGULARLY INSPECTED BY CITY INSPECTORS AFTER A BUILDING PERMIT IS ISSUED.
FURTHERMORE THERE ARE STANDARDS IN THE ZONING ORDINANCE FOR ENVIRONMENTAL RESOURCE CONSERVATION WHICH INCLUDES AIR QUALITY.
THEY ARE REQUIRED TO WATER DOWN THE SITE MINIMIZE DUST THROUGH WATERING DOWN THE SITE, AND MINIMIZE EMISSIONS FROM CONSTRUCTION EQUIPMENT.
THOSE ARE ALL STANDARD REQUIREMENTS FOR ANY CONSTRUCTION PROJECT IN THE CITY OF FREMONT.
REGARDING YOUR OTHER QUESTIONS ABOUT PARKING AND TRAFFIC, PRIOR TO THE HEARING, I DID CONFIRM ONCE AGAIN WITH OUR TRANSPORTATION ENGINEERING DIVISION THAT VERY HAVE NOT RECEIVED ANY COMPLAINTS REGARDING THIS CHURCH.
THE FACILITY IS LOCATED RIGHT ON THE CORNER OF FREMONT BOULEVARD AND FERRY LANE. FREMONT BOULEVARD IS A NO STOPPING ZONE SO THERE IS NO PARKING ON THAT SIDE.

THE CHURCH PARKING LOT IS SIGNIFICANTLY LARGER THAN WHAT IS REQUIRED FOR A CHURCH OF THIS SIZE.
THE CHURCH IS ACTUALLY SHRINK, IT IS NOT ENLARGING.
THE EXISTING CHURCH IS ACTUALLY LARGER THAN THIS ONE IS.
AND THE APPROVED ENTITLEMENT FOR A 600 SEAT CHURCH, THE CHURCH IS SHRINKING NOT ENLARGING.
BUT IT HAS A SIGNIFICANT NUMBER OF EXTRA PARKING SPACES, THE ONE REQUIREMENT FOR RELIGIOUS FACILITY IS ONE PARKING SPACE FOR FIVE FIXED SEATS AND THE PROPOSAL MEETS AND EXCEEDS THAT WITH THEIR EXISTING PROPOSAL.
>> PLANNER PULLEN: JAMES WOULD YOU PULL UP SLIDE 5 PLEASE WHICH IS THE ONE WITH THE PARKING SHOWING ON THE RIGHT-HAND SIDE.
ONE THING I NOTICED ABOUT THE SITE PLAN IS THE CURRENT CHURCH IS DOWN AT THE CORNER OF FREMONT AND FERRY.
IF YOU ARE COMING FROM FREMONT BOULEVARD COMING TO THIS CHURCH YOU WOULD -- IT WOULD BE ACTUALLY QUITE CONVENIENT TO PARK ON FERRY AND WALK INTO THE CHURCH COMPARED TO WHERE THE NEW BUILDING'S GOING.
IF I'M COMING TO THE NEW BUILDING I'M LIKELY TRYING TO GO AS FAR SOUTHERLY WHICH IS PLAN NORTH, THE TOP OF THIS PLAN, AS I CAN TO BE ABLE TO PARK AND GET INTO THE FACILITY WHICH IS AT THE FAR SIDE THERE ALONG FREMONT AND ALONG THOSE TOWN HOUSES.
SO BY DESIGN OF THE SITE PLAN, GIVEN THE CHURCH IS SMALLER THAN THE 2012 PLAN AND THE LOCATION, IT WOULD SEEM TO BRING PARKING FURTHER AWAY FROM USE OF FERRY LANE, JUST FOR CONVENIENCE.
FOR THE PLANNING COMMISSION ABILITY AND PURVIEW OVER PUBLIC STREETS, THE PLANNING COMMISSION DOESN'T HAVE THE PURVIEW TO RESTRICT PARKING ON A PUBLIC STREET OR INSTITUTE ANY KIND OF PERMIT PARKING OR DO ANYTHING LIKE THAT BUT I THINK THE PLANNING COMMISSION IN COURSE OF ITS DECISION MAKING CAN MAKE A RECOMMENDATION TO THE APPLICANT IN A CASE LIKE THIS, THAT THEY MESSAGE TO THEIR PARISHIONERS TO PARK OFF-STREET TO THE EXTENT THAT'S POSSIBLE.
AND I THINK THAT WOULD PROBABLY DO THE BEST GOOD.
I WILL CONNECT BACK WITH OUR TRANSPORTATION FOLKS AFTER THE MEETING AND LET THEM KNOW THAT YOU'VE HEARD SOME THINGS FROM THE NEIGHBORHOOD THAT THEY HAVEN'T HEARD.
THERE ARE ALSO SOME PERMITS HAPPENING ON FERRY AS A RESULT IF THEY WEREN'T DOING THIS CHURCH.

>> CHAIR LIU: ANY OTHER QUESTIONS FOR STAFF FROM OTHER COMMISSIONERS? UNMUTE YOURSELF PLEASE.
>> I HAVE ONE MORE QUESTION.
>> CHAIR LIU: YES, GO AHEAD.
>> DID I HEAR -- OKAY.
THE EXISTING CHURCH IS GOING TO BECOME A PARISH HALL.
ARE THERE GOING TO BE EVENTS AT THE PARISH HALL WHEN THE MASS IS GOING ON AT THE NEW CHURCH?
BECAUSE THEN THERE WILL BE MORE PEOPLE AND MORE NEED FOR THE PARKING SPACE WOULD BE THERE.
>> SO I WOULD REFER TO YOU INFORMATIONAL 1, THE STATEMENT OF OPERATIONS.
THE LAST PAGE OF THAT IS A DETAILED ACTIVITY TABLE GIVING WHAT WOULD BE GOING ON AT ANY ONE TIME AT THE CHURCH BY BUILDING.
>> COMMISSIONER YEE: CHAIR LIU I JUST WANT TO REITERATE WHAT JAMES IS SAYING.
THE STATEMENT OF OPERATIONS THEY ARE ALTERNATING.
THEY ARE NOT HAVING IT AT THE SAME TIME.
TO TRY TO MINIMIZE THE IMPACT OF PARISHIONERS OF ATTENDING MEETINGS AND SERVICES AT THE SAME TIME.
>> THAT IS CORRECT.
>> CHAIR LIU: ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSIONERS?
FOR THE STAFF?
OKAY.
SO WE'RE GOING TO MOVE ON TO ANY DELIBERATIONS BY THE PLANNING COMMISSIONERS. I'M GOING TO SPEAK.
PERSONALLY IN THE LAST THREE YEARS OF SERVICE ON THE PLANNING COMMISSION, MANY OF THE PROJECTS THAT I PARTICIPATED IN, I HAVE ONLY SEEN CHURCHES BEING DISMANTLED AND TURNED INTO CONDOS AND OTHER WAREHOUSES BEING TURNED INTO HOUSES AS WELL, OR CONDOS AND PERSONALLY TO ME, IT'S A KIND OF WELCOME CHANGE.
TO HAVE A NON-- ALTHOUGH I'M ALL FOR ADDITIONAL HOUSING SUPPLY BUT IT'S CERTAINLY GOOD TO SEE CONSTRUCTION OF A CHURCH FOR A CHANGE.

SO THAT'S MY PERSONAL OBSERVATION.
BUT ARE THERE OTHER COMMISSIONERS WHO WOULD LIKE TO DELIBERATE ON THIS PROJECT?
>> COMMISSIONER YEE: ACTUALLY I JUST WANT TO MAKE A RECOMMENDATION TO ACCEPT THE STAFF'S RECOMMENDATION FOR THIS PROJECT.
>> CHAIR LIU: OKAY, ANYONE WHO WANT TO SECOND THAT MOTION? >> COMMISSIONER BASRAI: I WILL SECOND.
>> CHAIR LIU: OKAY, LET'S VOTE ON IT.
OKAY.
THE VOTE IS 6 AYES AND ONE ABSTAIN, NOT BEING PRESENT.
>> PLANNER PULLEN: CHAIR, I'LL JUST AS I'VE BECOME ACCUSTOMED TO DO ON THE ZOOM FOR EVERYBODY'S UNDERSTANDING, CERTAIN ACTIONS OF THE PLANNING COMMISSION ARE FINAL, AND SOME ACTIONS CAN BE APPEALED.
AND SOME ACTIONS ARE RECOMMENDATIONS TO COUNCIL.
THIS ONE IS UNDER THE PURR SCREW OF THE PLANNING COMMISSION AND IS FINAL UNLESS IT WERE TO BE APPEALED TO CITY COUNCIL WITHIN TEN CALENDAR DAYS.
THANKS.
>> CHAIR LIU: OKAY, THANK YOU.
SO LET'S MOVE ON TO THE SECOND ITEM ON TONIGHT'S AGENDA. [APPLAUSE]
>> CHAIR LIU: ALL RIGHT, THANK YOU AND GOOD NIGHT.
OF COURSE ALL OF YOU ARE WELCOME TO STAY FOR THE MORE INTERESTING PROJECTS WE'RE GOING TO DISCUSS, OKAY?
ALL RIGHT, THANK YOU.
SO AS COMMISSION SECRETARY PULLEN, WOULD YOU INTRODUCE THE SECOND ITEM?
>> PLANNER PULLEN: YES CHAIR.
THE SECOND ITEM TONIGHT IS THE 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT.
AND THIS IS A CITYWIDE CITY SPONSORED ITEM WE DO ANNUALLY TO CONSIDER AN ANNUAL REPORT OF THE STATUS OF IMPLEMENTATION OF THE GENERAL PLAN AND THE 2015 – 2023

HOUSING ELEMENT, AND TO CONSIDER AN EXEMPTION FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15378 AND/OR 15061(B)(3) BECAUSE IT'S NOT A PROJECT AND IT'S A REPORT, ACTUALLY NOT DOING ANY ACTION, IT'S REPORTING ON OUR STATUS WITH RESPECT TO THE LAST CYCLE OF THE HOUSING ELEMENT.
WITHOUT FURTHER ADO, THE PROJECT PLANNER IS WAYLAND LEE BUT IN WAYLAND'S ABSENCE THE TEAM MAYAK PATEL AND SAHETHY WILL BE AVAILABLE TO DO A PRESENTATION FOR YOU.
>> CHAIR LIU: PLEASE GO AHEAD.
>> GOOD EVENING, PLANNING COMMISSION, MY NAME IS MAYANG PATEL AND I'M A PLANNER IN THE PLANNING DEPARTMENT.
THE ITEM BEFORE YOU IS ON THE 2022 ANNUAL HOUSING REPORT OR APR.
HOUSING WAS A BIG TOPIC IN 2022 AND AS YOU MAY RECALL JUST A COUPLE OF MONTHS AGO THE COMMISSION RECOMMENDED THAT THE CITY COUNCIL ADOPT THE 2023 TO 2031 HOUSING ELEMENT.
SINCE THAT DECEMBER 22ND PLANNING COMMISSION MEETING, THE CITY COUNCIL ADOPTED THE 6 CYCLE HOUSING ELEMENT ON JANUARY 10TH OF THIS YEAR.
CURRENTLY THE SIX CYCLE HOUSING ELEMENT IS UNDER REVIEW WILLIAM CALIFORNIA DEPARTMENT OF HOUSING AND DEVELOPMENT.
HAVING SAID THAT TONIGHT'S ITEM AS FAR ASS ITS MEETING GOALS DURING THE 2022 CALENDAR YEAR BOTH IN TERMS OF PRODUCTION OF HOUSING UNITS AND IMPLEMENTATION OF POLICIES AND PROGRAMS IN THE CITY'S HOUSING ELEMENT.
THE APR ALSO INCLUDES AN OVERVIEW OF IMPLEMENTATION OF THE CITY'S GENERAL PLAN.
AS REQUIRED UNDER STATE LAW THE CITY PREPARES AN APR AT THE BEGINNING OF EACH YEAR AND PRESENTS IT TO THE PLANNING COMMISSION, AND CITY COUNCIL, FOR REVIEW BEFORE SUBMITTING IT TO THE STATE FOR ITS RECORDS.
HERE'S QUICK LOOK AT THE AGENDA.
I'LL START WITH SOME BACKGROUND ON THE CITY'S GENERAL PLAN AND THE HOUSING ELEMENT WHICH WILL BE FOLLOWED BY A REVIEW OF THE 2022 HOUSING PRODUCTION DATA, AND WHERE THE CITY IS IN TERMS OF MEETING PRODUCTION GOALS FOR THE SUBJECT PLANNING PERIOD.
WE'LL END WITH A FEW HIGHLIGHTS OF THE HOUSING ELEMENT PROGRAM IMPLEMENTATION FOR 2022.

SO WITH SOME BACKGROUND, GENERAL LAW CITIES IN CALIFORNIA LIKE THE CITY OF FREMONT ARE REQUIRED TO HAVE AN ADOPTED GENERAL PLAN.
THE GENERAL PLAN CAN BE REFERRED TO AS A CITY'S CONSTITUTION FOR GROWTH AND DEVELOPMENT AND SERVES AS THE POLICY FOUNDATION ON WHICH ALL DEVELOPMENT AND LAND USE DECISIONS ARE MADE.
A GENERAL PLAN IS ORGANIZED INTO VARIOUS CHAPTERS OR ELEMENTS.
EACH ONE ESTABLISHING A POLICY FRAMEWORK AROUND A PARTICULAR TOPIC.
AND ONE OF THOSE TOPICAL CHAPTERS IS A HOUSING ELEMENT.
THE PURPOSE OF A HOUSING ELEMENT IS TO ENSURE THAT EVERYONE HAS ACCESS TO DECENT SAFE AND AFFORDABLE HOUSING WITHIN THEIR COMMUNITY.
UNDER STATE LAW CITIES IN CALIFORNIA ARE REQUIRED TO UPDATE THEIR HOUSING ELEMENTS EVERY EIGHT YEARS.
THIS PERIODIC UPDATE ALLOWS THE CITY TO SEE HOW WELL HOUSING GOALS ARE BEING MET AND UNDERSTAND WHAT PROGRAMS WERE EFFECTIVE IN HELPING TO MEET THOSE GOALS.
THIS REGULAR CHECKUP IS THE IMPORTANCE OF THE APR.
A KEY COMPONENT OF THE APR IS THE REGIONAL HOUSING NEEDS ALLOCATION OR RHNA, WHICH HAS BEEN PLACED IN CALIFORNIA SINCE THE 1970S.
AS PART OF THE RHNA THE STATE CALCULATES WHAT THE HOUSING NEEDS OF A REGION ARE AND THEN THE REGIONAL COUNCIL OF GOVERNMENTS OR COG ASSIGNS THE NEED OF CITIES WITHIN ITS REGION.
THE RESPONSIBILITY THEN FALLS ON THE LOCAL JURISDICTION TO SHOW THAT IT HAS THE ZONING AND SITES IN PLACE TO ACCOMMODATE THOSE HOUSING NEEDS.
FOR THE 2015 TO 2023 PLANNING PERIOD, FREMONT'S RHNA WAS SET AT 5455 TOTAL UNITS.
THE CITY'S RHNA IS BROKEN DOWN BY AFFORDABILITY LEVELS AND AS ILLUSTRATED ON THIS SLIDE THE CITY'S LOWER INCOME AND MODERATE INCOME HOUSING NEEDS MAKES UP A MAJORITY OF THE CITY'S OVERALL NEED.
AS ALLUDED TO EARLIER, 2022 IS THE FINAL YEAR IN THE CURRENT PLANNING PERIOD.
SO THE DATA ON THIS SLIDE REFLECTS FREMONT'S TOTAL REPUBLICS 2015 THROUGH 2023.
THE KEY TAKE AWAY ON THIS SLIDE IS THAT FREMONT WAS SUCCESSFUL IN MEETING ITS TOTAL RHNA TARGET FOR THE TOTAL PERIOD PRODUCING OVER 8,000 UNITS.
MUCH LIKE NEARLY EVERY CITY IN THE STATE FREMONT DID FALL SHORT OF ITS AFFORDABLE TARGETS.

HOWEVER, OVER 1300 AFFORDABLE UNITS WERE PRODUCED OVER THE PAST EIGHT YEARS WHICH NOTABLY EXCEEDS THE AFFORDABLE HOUSING PRODUCTION FROM PRIOR CYCLES.
SO FOR CONTEXT, 492 AFFORDABLE UNITS WERE PRODUCED IN THE LAST CYCLE.
NOW LOOKING SPECIFICALLY TO 2022, PERMITS WERE ISSUED FOR OVER 1100 UNITS, WHICH MAKES 2022 THE THIRD HIGHEST YEAR FOR PRODUCTION IN THE PLANNING PERIOD.
2017 AND 2018 WERE STRONGER YEARS RESPECTIVELY, FOR OVERALL PRODUCTION. AND 2017 WAS STRONGER IN TERMS OF AFFORDABLE HOUSING PRODUCTION.
SOME NOTABLE PROJECTS THAT RECEIVED BUILDING PERMITS WERE THE FREMONT BANK RESIDENCES WITH 204 UNITS IN DOWNTOWN, THE OSGOOD APARTMENTS PROJECT IN IRVINGTON WITH 112 UNITS AND THE ALLIED HOUSING FREMONT FAMILY HOUSING PROJECT WITH 54 UNITS IN NORTH FREMONT.
PRODUCTION IN THE WARM SPRINGS INNOVATION DISTRICT CONTINUED TO BE STRONG AS WELL.
ANOTHER KEY CONTRIBUTOR TO THE CITY'S HOUSING PRODUCTION WAS ACCESSORY DWELLING UNITS OR ADUS WHICH MY COLLEAGUE SAHETHY WILL ELABORATE ON.
>> MY NAME IS SAHETHY, MAJOR CONTRIBUTOR TO HOUSING PROJECT IN 2022.
NEARLY TWICE AS MANY ADUS AS THE PREVIOUS YEAR AND ABOUT FIVE TIMES AS MANY IN 2018.
THE NUMBER OF ADUS WERE DOUBLED FROM 2018 TO 2021. AND THEN DOUBLED AGAIN THIS PAST YEAR.
THIS TREND INDICATES THAT ADUS ARE BECOMING MORE POPULAR AND ACCESSIBLE AND THE CITY IS COMMITTED TO ITS GROWTH.
THE STATE ADU LAWS UNDERWENT SIGNIFICANT CHANGES IN 2018 WITH THE GOAL OF STREAMLINING THE PRODUCTION.
THE STATE SIMPLIFIED LAWS AND SOME OF THE CITY'S BE INITIATIVES SUCH AS WAIVING THE DEVELOPMENT IMPACT FEES MADE IT EASIER TO CONSTRUCT AN ADU.
FIRST TIME IN 2022, IN THE LAST YEAR ABAG COLLECTED DATA IN THE REGION AND ASSUMPTIONS OF AFFORDABILITY LEVELS OF ADUS IN THE BAY AREA.
THE AFFORDABILITY ASSUMPTIONS ARE 90% OF ADUS ARE AFFORDABLE TO VERY LOW INCOME, TO MODERATE INCOME HOUSEHOLDS AND 10% OF AFFORDABLE TO MODERATE INCOME HOUSEHOLDS.

FREMONT HAS LONG KNOWN THAT ADUS PROVIDE THE COMMUNITY WITH HOUSING THAT IS NATURALLY AFFORDABLE BY DESIGN BUT THIS NEW RESEARCH NOW ALLOWS THE CITY TO START TAKING CREDIT FOR THE AFFORDABLE HOUSING DEVELOPMENT.
I'LL TURN IT BACK TO MAYAN TO TALK MORE ABOUT AFFORDABLE HOUSING. >> THANK YOU SAHETHY.
WITH RESPECT TO AFFORDABLE HOUSING, THE CITY PERMITTED TWO MAJOR AFFORDABLE HOUSING DEVELOPMENTS IN 2020.
FIRST IS ALLIED HOUSING FREMONT FAMILY APARTMENTS, NEAR THE INTERSECTION OF FREMONT BOULEVARD AND PASEO PADRE PARKWAY.
THIS PROJECT WILL PROVIDE 53 AFFORDABLE UNITS.
THE SECOND PROJECT IS THE OSGOOD APARTMENTS NEAR THE FUTURE IRVINGTON BART STATION.
THIS PROJECT WILL PROVIDE 111 AFFORDABLE UNITS.
JUT TO REITERATE, THESE ARE JUST TWO OF THE AFFORDABLE HOUSING PROJECTS THAT THE CITY PRODUCED DURING THE FIFTH HOUSING ELEMENT CYCLE.
THE 2015 TO 2023 HOUSING ELEMENT CONTAINS EIGHT GOALS, 22 POLICIES AND 69 PROGRAMS TO HELP IMPLEMENT THOSE GOALS AND POLICIES.
TABLE D IN THE APR INCLUDES AN UPDATE ON ALL 69 PROGRAMS. AND THIS SLIDE HIGHLIGHTS A FEW OF THEM.
2022, IN PARTICULAR, WAS A NOTABLE YEAR IN TERMS OF HAVING MEANINGFUL CONVERSATIONS WITH THE COMMUNITY ABOUT HOUSING ISSUES.
MANY OF THOSE COMMUNITY CONVERSATIONS WERE ASSOCIATED WITH THE DEVELOPMENT OF THE NEW HOUSING ELEMENT.
THROUGH WORKSHOPS, COMMISSION MEETINGS, COMMUNITY EVENTS AND WEBINARS THE COMMUNITY HAD A CHANCE TO WEIGH IN ON THE CITY'S HOUSING NEEDS AND HOW TO ADDRESS THOSE NEEDS.
ADDITIONALLY, THE CITY PARTICIPATED IN EVENTS SUCH AS ADU HOMEOWNERS FAIR TO EDUCATE THE COMMUNITY ABOUT ADUS.
THE CITIES HOUSING DIVISION HEMMED AN AFFORDABLE HOUSING 101 WEBINAR TO PROVIDE MORE INFORMATION ABOUT ACCESSING AFFORDABLE HOUSING.
THAT WEBINAR WAS ATTENDED BY MORE THAN 400 PEOPLE.

THE HOUSING DIVISION ALSO LED A LARGE TRAINING FOR LANDLORDS AND PROPERTY MANAGERS ABOUT TENANT LAWS, FAIR HOUSING, AND THE CITY'S RENT REVIEW ORDINANCE.
THAT TRAINING WAS ATTENDED BY MORE THAN 100 PEOPLE.
THESE DIFFERENT CONVERSATIONS AND EVENTS AFFORDED CITY STAFF AND THE CITY'S DECISION MAKERS WITH AN OPPORTUNITY TO BETTER UNDERSTAND THE ISSUES AROUND HOUSING AND WHILE MUCH PROGRESS NEEDS TO BE MADE THE CITY'S BETTER EQUIPPED TO MAKE BETTER HOUSING DECISIONS.
IN CONCLUSION, THE RECOMMENDATION THIS EVENING IS TO FIND THAT THE APR IS NOT SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA AND RECOMMEND THAT THE CITY AND COUNTY ACCEPT THE APR AND FORWARD IT TO THE STATE.
THAT CONCLUDES OUR PRESENTATION THIS EVENING.
WE ARE AVAILABLE TO HELP ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE.
THANK YOU.
>> CHAIR LIU: SO AT THIS POINT I WOULD LIKE TO ASK KIM SALAZAR IF THERE ARE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO COMMENT ON THIS ISSUE.
>>THECLERK: YES,CHAIR,KELLYABREW. HOW WOULD YOU LIKE TO GIVE THE SPEAKER? >> CHAIR LIU: TWO MINUTES.
>> YES, THE HOUSING ELEMENT YOU THE LOOK AT WHAT THE GOVERNOR OF CALIFORNIA JUST TWEETED OUT IN LAST SEPTEMBER, CALIFORNIA IS MAKING HOUSING CHEAPER AND EASIER TO BUILT BY ELIMINATING PARKING REQUIREMENTS FOR NEW HOUSING IN TRANSIT IN DAILY DESTINATIONS LIKE JOBS GROCERY AND SCHOOLS.
THANKS TO NORTH FREMONT WE ARE PRIORITIZING PEOPLE AND THE PLANET OVER CARS.
AND THOSE OF YOU ON THIS COMMISSION WHO WOULD STAND UP FOR MINIMUM PARKING REQUIREMENTS AND PROHIBIT PARKING ON THE -- ON STREET CURBS, AND THE PROHIBITION OF PARKING ON THE SIDE OF -- ON FREMONT BOULEVARD THIS IS A CLASSIC EXAMPLE OF WHY WE CAN'T BUILD ANYTHING.
BECAUSE OF THESE STUPID PARKING REQUIREMENTS.
AND WHEN WE ALSO, THE CONNECTION BETWEEN ROADS AND THIS HOUSING ELEMENT, WHEN WE HAVE PEOPLE THAT ARE PROPOSING A NEW ROADWAY CALLED THE QUARRY LAKES PARK WAY IN FREMONT, AND THIS QUARRY LAKES PARKWAY HAS LOTS OF HOUSING IN UNION CITY.

THERE'S NOTHING, I HAVEN'T SEEN ANY PLANS, QUARRY LAKES PARKWAY IS NOT PART OF YOUR THINKING WHEN IT COMMENTS TO -- IT'S LIKE A ROAD FOR CARS OR BIKES OR WHOEVER BUT IT DOESN'T SEEM TO BE A ROAD FOR HOUSING DEVELOPMENT.
SO IT SHOULD BE PART OF THE HOUSING ELEMENT.
BY THE WAY, FREMONT HAS DONE PRETTY WELL ON THE HOUSING ELEMENT AS FAR AS PRODUCING HOUSING BUT UNION CITY, TAKE A LOOK, THEY HAVE LAGGED WAY BEHIND UNINCORPORATED ALAMEDA COUNTY LAGGED WAY BEHIND.
THESE GOVERNMENT AGENCIES THAT CAN'T PRODUCE HOUSING, THEY'RE A BIG REASON WHY WE CAN'T GET HOUSING BUILT.
THANKS.
>> CHAIR LIU: THANK YOU.
ARE THERE ANY MORE PUBLIC SPEAKERS?
IF NOT, I'M GOING TO CLOSE THE PUBLIC HEARING FOR THIS ITEM.
AND LET'S BRING IT BACK TO THE COMMISSION TO ASK ADDITIONAL QUESTIONS OF STAFF. ANYONE WHO HAVE ANY QUESTIONS TO THE STAFF?
OKAY.
SO JASMINE.
COMMISSIONER BASRAI.
>> COMMISSIONER BASRAI: JASMINE'S COOL TOO, IT'S MY NAME.
SO I HAVE A QUESTION AND BECAUSE I'M FAIRLY NEW AND THIS IS THE FIRST TIME I'VE HAD TO REVIEW AND KIND OF FEEL PRESSURED BY THE STATE TO PASS THE HOUSING ELEMENT REVIEW, WE DIDN'T MEET OUR TARGETS.
SO THERE'S THIS FEAR THAT WE HAVE TO SET THE TARGETS BECAUSE IF WE DON'T SET THE TARGETS WE'RE GOING TO GET IN TROUBLE.
BUT WE DON'T MEET THE TARGETS.
IS THERE AN ISSUE THAT WE DON'T MEET THE TARGETS THAT WE SET?
BECAUSE I FEEL LIKE WE GET HANDCUFFED TO GET SOMETHING OUT IN THAT EIGHT-YEAR TIME FRAME.
BUT THERE'S NO REPERCUSSIONS IF WE DON'T DO IT.

SO I GUESS MY QUESTION IS: WE DIDN'T MEET IT, SO I JUST AM TRYING TO UNDERSTAND LIKE, YOU KNOW, SHOULD WE SET -- IS THERE GOING TO BE REPERCUSSIONS THAT WE DIDN'T MEET THE LATEST ONES AND IF WE DON'T MEET THE NEW ONES IS THERE GOING TO BE PROBLEMS WITH THAT?
AND WE'RE KIND OF CHASING OUR TAIL ALL ALONG?
>>PLANNERPULLEN: I'LLSTARTANDMAYANANDSAHETHYMAYHAVESOMETHINGTOADD.
WE'RE MEETING TARGETS NOT OUR AFFORDABLE TARGETS, WHY THAT'S THE CASE THERE ARE A LOT OF IMPROVEMENTS THAT NEED TO BE MADE BY CITIES AND BY OTHER FACTORS TO MAKE THAT HAPPEN.
PRIMARILY MONEY WHEN IT COMES TO AFFORDABLE HOUSING.
BUT I WANT TO SET THE STAGE SORT OF BROADLY SO YOU UNDERSTAND HOW WE FIT IN TO THE STATE AS A WHOLE.
THERE ARE ABOUT 30 CITIES IN THE STATE OR 30 I GUESS ENTITIES, MUNICIPAL ENTITIES INCLUDING UNINCORPORATED COUNTIES AND MOSTLY SMALL WEALTHY CITIES THAT HAVE MET THEIR HOUSING NEEDS FOR BOTH MARKET RATE AND AFFORDABLE HOUSING IN THIS CYCLE.
AND OTHER THAN THOSE 30, THERE ARE WELL OVER, YOU KNOW, 500 OTHERS THAT ARE EITHER IN OUR BOAT OR A WORSE BOAT.
ABOUT 230 OF THOSE CURRENTLY HAVE LIKE US, MET THEIR MARKET RATE, BUT NOT THEIR AFFORDABLE.
AND THEN THE OTHER 280 OR 90 OF THEM HAVE MET NEITHER THEIR MARKET RATE NOR THEIR AFFORDABLE.
AND SO IF YOU LOOK AT THAT STATEWIDE YOU CAN SEE THAT THERE IS AN ISSUE, YOU KNOW, BEYOND THE CITY OF FREMONT AS TO TRYING TO BUILD ENOUGH HOUSING PER WHAT THE HOUSING COMMUNITY DEVELOPMENT DEPARTMENT HAS PASSED DOWN TO THE REGIONAL, COUNCIL OF GOVERNMENT, YOU HEARD SAHETHY REFER TO THAT AS ABAG OR ASSOCIATION OF BAY AREA GOVERNMENTS, THIS HAS BEEN A STRUGGLE FOR MANY COMMUNITIES TO BUILD HOUSING.
BEFORE YOU TONIGHT IS NOT THAT LARGER HOUSING ELEMENT UPDATE, IT IS INEVITABLE THAT WE TALK ABOUT IT BECAUSE WE ARE TALKING ABOUT THE LAST REPORT CARD ON THE PREVIOUS CYCLE.
AND IF WE ARE TRYING TO LEARN FROM THE PAST IT MAKES SENSE TO KIND OF TALK ABOUT THEM TOGETHER SO I RESPECT THAT, I UNDERSTAND THAT.

IF I HAD TO BOIL IT DOWN, YOU KNOW, WE HAVE DONE BETTER THAN THE PREVIOUS CYCLE, YOU HEARD THE MOST STARTLING THING TO ME IS WE ONLY BUILT 400 AFFORDABLE UNITS DURING THE PREVIOUS YEARS AND THIS TIME WE ARE MULTIPLE TIMES ABOVE THAT.
THE FEES WE HAVE FOR COLLECTING MONEY AND NOTICE OF FUNDING ABILITY AND OTHER FACTORS OF OUR HOUSING DIVISION SO THAT'S BEEN GOOD.
WE HAVE A LOT OF ROOM TO IMPROVE.
AND YOU MENTIONED, YOU KNOW, WHAT HAPPENS, REPERCUSSIONS?
YOU KNOW, A LOT OF CITIES HAVE A LOT OF ROOM TO IMPROVE AND IF WE DON'T DO THE THINGS THAT ARE NECESSARY PER STATE LAW THERE ARE MORE REPERCUSSIONS THIS CYCLES THIS COMING CYCLE THAN THERE WERE IN THE PAST.
AND THOSE HAVE TO DO WITH OUR ABILITY AS A LOCAL CITY TO CONTROL HOUSING THROUGH APPROVALS, AT CERTAIN LEVELS OF AFFORDABILITY, THE STATE REMOVES OUR AUTHORITY IN SOME RESPECTS, IF WE'RE NOT MEETING OUR STANDARDS.
FOR THE NUMBER OF UNITS THAT ARE BEING PRODUCED.
AND, YOU KNOW, OUR GOAL AS A CITY IS TO TRY TO PROVIDE HOMES FOR ALL LEVELS OF AFFORDABILITY FOR ALL PEOPLE IN THE COMMUNITY AND THERE'S A HUGE AFFIRMATIVELY FAIR HOUSING THAT TALKS ABOUT ALL THE ASSETS OF THAT THAT WE DID A NEW HOUSING ELEMENT AND WE'RE TRYING TO GET THERE.
A LOT OF WORK WENT INTO THAT.
THIS IS TONIGHT KIND OF SAYING WHERE WE STAND.
WE DIDN'T PROVIDE ENOUGH AFFORDABLE HOUSING.
IT IS VERY DIFFICULT TO DO SO ABSENT ADDITIONAL FUNDING.
AND TO THE EXTENT WE DON'T, WE AND A LOT OF OTHER CITIES ARE GOING TO GET INCREASINGLY MORE SCRUTINY FROM THE STATE.
>> COMMISSIONER BASRAI: THANK YOU, JOEL, THAT IS KIND OF WHAT I WAS LOOKING FOR, THE ANSWERS, SO I REALLY APPRECIATE THAT, THANK YOU.
>> CHAIR LIU: OKAY, NEXT COMMISSIONER YEE.
>> COMMISSIONER YEE: YES, IT'S RELATED TO THE ADU. I SAW THE SLIDE.
HOW MANY OF THESE ADU HOMEOWNER FAIRS HAVE WE DONE AND WHAT'S THE ATTENDANCE?

BECAUSE THE REASON WHY I ASK IS THAT I KNOW THAT MILPITAS DOES SOMETHING THAT'S EXACTLY THE SAME AND BECAUSE OF THEIR ADU FAIRS, THEY'VE MORE THAN DOUBLED THE PERMITS THAT ARE BEING APPLIED BY THE RESIDENTS.
SO I'M JUST WONDERING HOW DO WE COMPARE?
BECAUSE I KNOW THAT THEIR ADU FAIR HAD OVER 200 PEOPLE IN ATTENDANCE. >>PLANNERPULLEN: AREYOUAWAREOFTHETOTALNUMBER?
WE DON'T HAVE THAT READILY AVAILABLE.
HOWEVER, IN OUR NEW UPDATED HOUSING ELEMENT, THERE IS AN OUTREACH CHAPTER THAT IS PRETTY VOLUMINOUS THAT WAYLAND LAST PROVIDED A NUMBER FOR IN PROBABLY DECEMBER 2022.
WE CAN GET THAT INFORMATION AND WE CAN SEND IT OUT TO YOU. THERE WERE QUITE A FEW PEOPLE THAT WERE IN ATTENDANCE.
THERE WAS NOT JUST THE TIMES WHEN I FORGET THE EXACT SITUATIONS YOU WERE MENTIONING.
BUT THEY WERE NOT JUST THE TIMES WHERE WE HAD THE BIG MEETING LIKE WE HAD THE ONE THAT WE CO-SPONSORED FOR EXAMPLE THE DOWNTOWN EVENT CENTER WITH THE ASSESSORS OFFICE AND THE OTHER TWO, TRICITIES, THAT WAS A BIG TURNOUT BUT THERE WAS ALSO A LOT OF LITTLE TIMES WHEN WAYLAND HAD OFFICE HOURS AND STUFF LIKE THAT WITH PEOPLE ASKING ABOUT THOSE TOPICS, WE CAN GIVE YOU THE TOTAL NUMBER OF PEOPLE PARTICIPATING.
>> COMMISSIONER YEE: THAT WOULD BE GREAT BECAUSE IT SEEMS LIKE THAT'S WHAT THEY'RE DOING IN ORDER TO INCREASE THE ADU AWARENESS AND INCREASE THE NUMBER OF PEOPLE WANTING THOSE PERMITS.
>> CHAIR LIU: OKAY, COMMISSIONER RAMAMURTHI. >> COMMISSIONER RAMAMURTHI: HI.
I LIVE CLOSE BY TO THIS ALLIED HOUSING FREMONT FAMILY APARTMENTS SO GLAD TO HEAR THAT IT HAS 53 UNITS OF FOOTBALL HOUSING.
THAT'S A GREAT JOB.
I THINK LOOKING AT THE NUMBERS AND COMPARING TO OTHER CITIES, FREMONT YOU GUYS HAVE DONE A FABULOUS JOB.
MY QUESTION IS LIKE DID THEY GIVE US, THIS IS UP UNTIL 23, DID THEY GIVE US ALREADY A TARGET FOR THE NEXT EIGHT YEARS?

>> WE DO HAVE TARGETS FOR A NEW RHNA ALLOCATION FOR THE SIX-CYCLE HOUSING ELEMENT.
MY MEMORY IS NOT AS SHARP AS IT USED TO BE.
I DON'T KNOW WHAT THAT QUOTE IS OFF THE TOP OF MY HEAD.
>> COMMISSIONER YEE: IT IS 12,970 UNITS.
>> THAT IS THE TOTAL.
>> COMMISSIONER YEE: BUT IF WE BREAK IT DOWN I'D HAVE TO SEARCH IT FOR YOU.
>> I'M IN THE SAME BOAT.
I KNOW THE TOTAL NUMBER BUT I DON'T KNOW HOW MANY OF THOSE ARE DESIGNATED, SLOTTED FOR BELOW MARKET RATE.
>> CHAIR LIU: OKAY, ANYONE WHO WANT TO SPEAK AGAIN OR IF NOT, I WILL ASK A QUESTION. OKAY.
SO ON THIS, TONIGHT'S PACKET, PAGE 74, THERE WAS A TABLE THAT SHOWS AN ADU AFFORDABILITY ASSIGNMENTS.
AND IT SHOWED THAT 2022 THERE ARE 149 PERMITTED ADUS.
BEING ASSIGNED 30% TO VERY LOW INCOME, LOW INCOME, MODERATE LOW INCOME, SO ON, SO FORTH, 45 TO 44 UNITS EACH.
SO MY QUESTION IS, I GUESS MOST OF THOSE ADUS MUST HAVE BEEN APPLIED, THE PERMITS APPLIED BY THE HOMEOWNERS.
RIGHT?
AND I PERSONALLY AM NOT AWARE OF ANY ADUS BEING BUILT AND HAVING SOME RENT LEVELS THAT THEY CAN CHARGE BEING ASSIGNED TO THOSE ADU UNITS, AND WHY DO YOU CATEGORIZE CERTAIN NUMBER OF ADU UNITS TO THOSE MODERATE LOW AND VERY LOW INCOME CATEGORIES?
>> PLANNER PULLEN: SO I HAD THIS VERY CONVERSATION WITH WAYLAND WHO WAS THE PERSON WHO OVERSAW THIS PROJECT WITH WAYLAND WITH MYAN AND SAHETHY'S WORK AS WELL.
AND THERE IS A SPECIFIC TABLE FORMAT THAT WE HAVE TO FOLLOW THAT'S PRETTY, YOU KNOW, STANDARDIZED ACROSS THE STATE.
THEY HAVE TO MAKE IT SO THEY CAN LOOK AT ALL THE CITIES TOGETHER.

AND SO IN THE TABLE YOU'LL NOTE THAT THERE IS A FORMULAIC LIST OF YOU KNOW THESE ONES ARE A 30 OR IN THIS CATEGORY.
THIS PERSON IS IN THIS CATEGORY.
ET CETERA.
THE BASELINE OF THAT IS NOT BASED ON EACH INDIVIDUAL APPLICATION.
THE BASE OF THAT IS BASED ON THE ABAG STUDY THAT DETERMINED THAT THAT PERCENTAGE OF ADUS ARE AFFORDABLE AT THOSE RATES.
WE DON'T REQUIRE NOR DO I THINK WE COULD EACH INDIVIDUAL HOMEOWNER TO TRACK ON AN INDIVIDUAL BASIS THE LEVEL OF RENT AND SORT OF QUALIFICATION OF THEIR POTENTIAL RENTERS.
WE DO IT ON A BROAD STUDY THAT SAYS THIS IS A FAIR WAY OF DOING IT THAT OTHER CITIES ARE ALSO DOING.
>> IS THIS BASED ON THE SQUARE FOOTAGE, IF THEY ARE SMALL BY DESIGN, PAIN THEY ARE MORE AFFORDABLE, THEREFORE THEY ARE ASSIGNED TO THE LOWER INCOME LEVELS, CATEGORIES RENT OR WHAT?
>>PLANNERPULLEN: NOWEHAVEDONEITORDINALLYBASEDONAPPLICATIONDATEONTHE TABLE.
BECAUSE IT'S A BROAD CONCLUSION OF AN ABAG STUDY NOT A FINE GRAINED ONE.
ANY OTHER WAY TO DO IT WOULD BE SOMEWHAT ARBITRARY IN ITS OWN RIGHT.
>> CHAIR LIU: OKAY.
SEEING THERE ARE NO MORE QUESTIONS OF -- FROM THE PLANNING COMMISSIONERS, LET'S MOVE ON TO THE COMMISSION DELIBERATION.
ANYONE WHO WANT TO SPEAK ON THIS ITEM?
>> COMMISSIONER BASRAI: I'D LIKE TO MAKE A MOTION TO APPROVE STAFF'S RECOMMENDATIONS.
>> CHAIR LIU: OKAY.
SO WOULD YOU LIKE TO ANNOUNCE --
>> PLANNER PULLEN: SURE SO ON A MOTION BY COMMISSIONER BASRAI AND A SECOND BY COMMISSIONER RAMAMURTHI, TO APPROVE STAFF RECOMMENDATION WHICH IS TO ACCEPT THIS AND SEND IT ON TO THE COUNCIL IT'S NOT AN ACTION AS MUCH AS IT IS A REPORT CARD, A STATUS CHECK OF WHERE WE ARE AND WE'LL SEND IT TO THE STATE AFTER IT GOES TO COUNCIL.

PLEASE VOTE.
>> THE CLERK: COMMISSIONER RAMAMURTHI, I DON'T SHOW YOURS ONLINE.
>> CHAIR LIU: OKAY 6 AYES AND ONE ABSENT, THE MOTION PASSES.
>> PLANNER PULLEN: THIS IS SCHEDULED TO GO TO CITY COUNCIL NEXT MONTH.
>> CHAIR LIU: ALL RIGHT, NEXT IS -- THANK YOU.
OKAY.
SO SECRETARY PULLEN WOULD YOU INTRODUCE ITEM NUMBER 3?
>> PLANNER PULLEN: YES CHAIR.
THE THIRD ITEM TONIGHT AND THE FINAL ITEM IS THE UPDATES TO THE FLOOD DAMAGE ORDINANCE.
THIS IS A CITYWIDE ITEM, AGAIN A CITY INITIATED ITEM AND THIS IS TO CONSIDER AN ORDINANCE TO AMEND FREMONT MUNICIPAL CODE TITLE 18 PLANNING AND ZONING AND CHAPTER 18.200 FLOOD DAMAGE PREVENTION TO REMOVE TEXT THAT IS NON-COMPLIANT WITH THE NATIONAL FLOOD INSURANCE PROGRAM AND COMMUNITY RATING SYSTEM AND TO ENHANCE AND CLARIFY DEFINITIONS, PROCEDURES AND STANDARDS RELATED TO FLOOD DAMAGE PREVENTION IN ACCORDANCE WITH RECOMMENDATIONS
FROM FEMA, THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND TO CONSIDER A FINDING THAT NO
FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, PER, WITHOUT LIMITATION,
EACH AS A SEPARATE AND INDEPENDENT BASIS, (1) CEQA GUIDELINES SECTION 15378(B), AS
AN ADMINISTRATIVE AND/OR FISCAL ACTIVITY THAT DOES NOT INVOLVE COMMITMENT TO A SPECIFIC PROJECT THAT WILL RESULT IN ANY

SIGNIFICANT PHYSICAL IMPACT ON THE ENVIRONMENT); (2) CEQA GUIDELINES SECTION 15061(B)(3)) ATTEND 305.
THE PROJECT MANAGER CONTINUE BE HERE TONIGHT AND WE HAVE IN THE STEAD OF KELLY REYNOLDS, FOLKS FROM PUBLICATION.
HOMARA AND DILLAP KISHNANI.
BY WAY OF INTRODUCTION I'LL SAY THE CITY PLANNING COMMISSION VERY FREQUENTLY DEALS WITH DEVELOPMENT AND ZONING CODES AND SETBACKS AND SUCH BUT ALSO IN OUR TIME AND ZONING WE HAVE SOME RULES FOR FLOOD, TREE PRESERVATION RULES AND OTHER THINGS THAT SORT OF RELATE TO DEVELOPMENT IN SOME WAY, THIS IS ONE OF THOSE AND WHAT HAPPENED IS THERE'S A PERIODIC CHECK IN BETWEEN THE CITY AND THE FEDS TO TALK ABOUT OUR ORDINANCE AND DURING ONE OF THOSE CHECK INS THEY IDENTIFIED SOME THINGS THAT THEY NEEDED TO SEE CHANGED THAT MUST HAVE BEEN THE RESULT OF SOME AMENDMENTS IN FEDERAL LAW.
WHAT WE WANT TO DO IS TO KEEP OUR ORDINANCE UP TO DATE BECAUSE OUR ORDINANCE BEING UP TO SEDATE PROVIDES A BENEFIT TO THE PUBLIC IN THE FORM OF A REDUCTION IN THEIR FLOOD INSURANCE RATES.
TO THE EXTENT THAT WE HAVE A QUALIFIED PROGRAM AND AN UP TO DATE ORDINANCE.
SO WITH THAT BACKGROUND IF YOU HAVE ANY QUESTIONS I WOULD CALL DILIP AND HOMIRA UP TO ANSWER ANY MORE TECHNICAL QUESTIONS.
>> CHAIR LIU: OKAY WELL I WOULD ALSO LIKE TO TAKE THIS OPPORTUNITY IF THERE IS ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS ITEM.
>> THE CLERK: CHAIR LIU I SEE ONE PERSON IN THE AUDIENCE TO SPEAK ON THIS ITEM, KELLY ABREW.
HOW LONG WOULD YOU LIKE TO GIVER HIM? >> CHAIR LIU: TWO MINUTES.
>> FREMONT'S ORDINANCE HAS PROBABLY SOME SYSTEMIC WEAKNESSES, BUILT AROUND 100 YEAR FLOOD OR WHATEVER, WHICH WORKS OUT TO BE WHAT, A 1% CHANCE OF FLOOD PER YEAR OR WHATEVER, THAT COULD HAPPEN TWO YEARS IN A ROW WHATEVER, SUCH A STATISTICAL THING.
WHAT'S REALLY HAPPENING IS THAT FLOOD PROBABILITY IS CHANGING.

SO WE NOW HAVE MASSIVE EVENTS LIKE WE HAD TWO MONTHS AGO AND THOSE ARE HAPPENING MORE FREQUENTLY AND THEY ARE HAPPENING MORE SEVERELY.
BUT IT'S NOT REFLECTED IN THE FLOOD PROBABILITIES. SO THAT'S -- THE REVISIONS OF THOSE IS A WEAKNESS.
THE BCDC, SOME OF YOU MAY HAVE HEARD OF IT, SOME ABOUT BAY CONSERVATION, WHATEVER.
FREMONT IS THE ONLY CITY AROUND THE BAY THAT IS A HOLDOUT THAT REFUSES TO COOPERATE WITH BCDC AND WHEN BCDC COMES AND SAYS I WANT TO DRAW A LINE AND DEFINE THE SHORELINE, FREMONT IS DRAGGING ITS FEET.
I DON'T KNOW WHY, PROBABLY BECAUSE I DON'T KNOW, IT'S GOT TO BE MORE PROFITABLE FOR FREMONT NOT TO COOPERATE, EVERYBODY SELLS BUT NOT FREMONT.
LET'S TALK ABOUT SOME OTHER FLOOD RELATED THINGS.
DRIVE DOWN 880 TOWARDS THE MILPITAS CITY LINE, WHAT DO YOU SEE THERE, DIXON COUNTY ROAD AND YOU SEE NEW DEVELOPMENTS THEY JUST PUT UP, THOSE GIANT BIG BLOCK WAREHOUSE STORES THAT SELL FURNITURE.
WHAT DID THEY DO BEFORE THEY BUILT THEM, THEY PUT UP 20 FEET OF DIRT, THAT'S NOT A GOOD WAY TO DO DEVELOPMENT, GO OUT TO THE BAY AND PILE UP MOUNTAINS OF DIRT.
THANK YOU.
>> CHAIR LIU: THANK YOU.
ALL RIGHT LET'S CLOSE THE PUBLIC HEARING FOR THIS ITEM.
GO TO THE QUESTIONS OF THE STAFF ON THE PLANNING COMMISSIONERS.
ARE THERE ANY QUESTIONS?
OKAY COMMISSIONER RAMAMURTHI.
>> THIS IS JUST FOR ME TO LEARN.
IT SAYS CLASS 7 RATING, IS THAT THE BEST?
OR WHAT IS IT?
I'M TRYING TO UNDERSTAND THE SCALE.
>>PLANNERPULLEN: I'MGOINGTONEEDTOCALLUPDILUPANDHOMIRATOANSWERTHAT. I ALSO DON'T KNOW THAT.
I'LL HAVE TO ASK THEM IF THEY KNOW THIS SCALE.

THE PERSON WHO IS RUNNING THIS PROJECT IS UNEXPECTEDLY OUT SO THEY'RE FILLING IN FOR HER.
CHAMPION OKAY.
STAFF'S PRESENTATION.
OKAY.
>> GOOD EVENING, COMMISSIONERS, MY NAME IS DILIP CASTANI. THE CLASS 7 REPRESENTS A 15% DISCOUNT TO THE HOMEOWNERS.
SO IN ORDER TO MAINTAIN THAT RATING OR THE 15% DISCOUNT FOR THE FLOOD INSURANCE, THE CITY HAS TO ADOPT THE STANDARDS, THERE ARE STANDARDS TO BE -- I KNOW THAT WE IMPLEMENT DURING ANY KIND OF BUILDING, BUILDING SUBSTANTIAL IMPROVEMENTS THAT COME IN THROUGH BUILDING PERMITS.
IF THEY ARE IN THE FLOOD PLANE WE ABIDE BY THOSE STANDARDS.
SO WHEN FEMA VISITED US IN JANUARY, WE RUSHED THESE -- AND THEN NOTICED SOME DISCREPANCIES, BETWEEN THE MODEL ORDINANCE, FEMA'S MODEL ORDINANCE AND OUR CODE THEY RECOMMENDED THESE MINOR CLARIFICATION AND ADJUSTMENT SO WHEN WE DO HAVE A FIVE YEAR VISIT IN JULY OF THIS YEAR, THIS IS WHAT WE ARE PREPARING FOR, THEY WANTED THIS ORDINANCE, FREMONT MUNICIPAL CODE TO BE CORRECTED SO THAT WE CAN MAINTAIN THE 15%.
IT IS VERY HARD TO GET BEYOND THE 15% DISCOUNT, HIGHER RATING AND WE CONTINUALLY STRIVE TO DO THAT.
I'VE BEEN HERE 16 YEARS AND WE'VE ALWAYS MAINTAINED THE RATING OF 7 WHICH TRANSLATES TO A 15% DISCOUNT.
>> THANK YOU.
>> I WANTED TO CLARIFY, YOU ASKED STAFF ENGINEER ABOUT THE CRS RATING OF 7.
IT'S BASED ON THE ACTIVITIES THAT WE IMPLEMENT.
SO WE WILL BE HAVING AN AUDIT COMING ON JULY 20TH.
AND IF THERE IS ROOM FOR IMPROVEMENT OR OTHER ACTIVITIES, TO IMPLEMENT, THEN PERHAPS THAT RATING GOES UP.
BUT FOR THE PAST SEVERAL YEARS WE'VE BEEN MAINTAINING THAT CRS 7. THANK YOU.
>> CHAIR LIU: ARE THERE ADDITIONAL QUESTIONS OF STAFF?

IF NOT I'LL ENTERTAIN ADDITIONAL DISCUSSION OR MOTION.
>> COMMISSIONER YEE: I MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION.
>> CHAIR LIU: ANY SECOND?
>> COMMISSIONER BASRAI: I'LL TAKE A SECOND.
GO AHEAD REENA.
>> CHAIR LIU: OKAY SO MOTION BY COMMISSIONER YEE AND SECONDED BY COMMISSIONER RAO.
AND LET'S VOTE.
>> PLANNER PULLEN: AND CHAIR WITH THE PASSAGE OF THAT ITEM I DO WANT TO NOTE THAT THIS ITEM IS A RECOMMENDATION TO CITY COUNCIL, THE COMMISSION'S RECOMMENDATION WILL BE FORWARDED TO THEM AND AFTER THEY MAKE A DECISION THE ORDINANCE WOULD GO INTO EFFECT 30 DAYS AFTER THE PASSAGE BY COUNCIL.
>> CHAIR LIU: WE'RE DONE FOR THE REGULAR ITEMS OF TONIGHT'S AGENDA.
ARE THERE ANY OTHER DISCUSSION ITEMS THAT THE PLANNING COMMISSIONERS WOULD LIKE TO TALK ABOUT?
IF NOT, JUST MISCELLANEOUS ITEMS FROM THE STAFF?
>> PLANNER PULLEN: I HAVE A FEW ANNOUNCEMENTS FOR THE GOOD OF THE ORDER FOR THE COMMISSION.
A LOT HAPPENED SINCE WE LAST MET.
WE LAST MET IN DECEMBER, AND IT'S FEBRUARY.
AND SO IT'S BEEN CUSTOMARY FOR ME TO PROVIDE YOU AN UPDATE OF WHAT HAPPENED AT COUNCIL OR ITEMS THAT YOU SAW.
SO THE FIRST ONE OF THOSE ITEMS WAS THE HOUSING ELEMENT.
WE TALKED ABOUT THAT A LITTLE BIT.
THE HOUSING ELEMENT WENT TO COUNCIL.
AND IN JANUARY THEY ADOPTED THE HOUSING ELEMENT AND THEN AFTER IT'S ADOPTED STAFF SENDS THAT ON TO THE STATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT.
AND SO HOUSING COMMUNITY DEVELOPMENT HAS HAD THAT SINCE MID JANUARY AND THEIR COMMENTS OR DECISIONS BACK TO US ARE DONE ON MARCH 24TH.

SOMETIMES THOSE WOULD COME FASTER SO WE'RE EAGERLY AWAITING COMMENTS FROM THE STATE.
LIKE OTHER LOCAL CITIES, EITHER THEY ASK US FOR CHANGES OR THEY'LL GO AHEAD AND CERTIFY OUR HOUSING ELEMENT AND WE'LL BE ON OUR WAY TO THE NEXT EIGHT YEARS OF CHECKING OUR PROGRESS LIKE YOU SAW TONIGHT ANNUALLY.
THAT'S THE FIRST UPDATE.
YOU ALSO REVIEWED A SIGN LAST YEAR FOR THE PAPE CONSTRUCTION EQUIPMENT DEALERSHIP OFF OF OSGOOD ROAD, THEY HAD A SIGN PROPOSED ADJACENT TO THE 680 FREEWAY.
THAT WAS DENIED BY THE PLANNING COMMISSION.
ON APPEAL THE CITY COUNCIL UPHELD THE FIRST PARTY APPEAL AND UPHELD IT UNANIMOUSLY SO THAT PROJECT IS GOING FORWARD FROM CITY COUNCIL'S ACTION.
AND SO THAT'S THE SECOND ITEM.
THIRD ITEM, I WANTED TO TALK ABOUT TONIGHT, YOU KNOW, WE ARE IN PERSON NOW, AND SO THE POLICY IS FOR OUR BOARDS AND COMMISSIONS FOR US TO ONLY BE OPERATING HERE IN THE CHAMBERS.
AND SO IF YOU DO HAVE AN ILLNESS, THERE WON'T BE AN OPTION FOR A REMOTE PARTICIPATION.
THAT WILL BE AN EXCUSED ILLNESS, EXCUSED ABSENCE IF YOU ARE ILL.
AND JUST LET ME KNOW OR LET THE CLERK KNOW, TRISH CORDOVA IF YOU HAVE ANYTHING, ANY REASON YOU CAN'T SERVE.
HOWEVER THIS YEAR WE ARE MEETING LESS FREQUENTLY DUE TO A MAJORITY OF ITEMS THAT ARE ABLE TO BE HANDLED BY STAFF.
THERE ARE A LOT OF PROJECT TYPES THAT DON'T NEED TO COME TO THE PLANNING COMMISSION.
AND SO WE ARE MEETING USUALLY ABOUT ONCE A MONTH THIS YEAR.
AND WE HAVE, TONIGHT WE HAVE THREE ITEMS, AND NOT LONG AGO PAST WE WOULD HAVE FIVE, SIX, SEVEN ITEMS ROUTINELY AND IT IS JUST A SIGN OF THE CHANGES IN OUR BUSINESS.
AND THOSE ITEMS ARE BEING HANDLED BY STAFF OR THEIR -- OR THEY AREN'T COMING IN IN SOME CASES AS FREQUENTLY.
FOR A VARIETY OF REASONS.
SO I WANTED TO UPDATE YOU ON THAT CHANGE.

WHICH WE'VE PUBLISHED BUT I WANTED TO TELL YOU IN PERSON.
THE -- I WANTED TO MENTION THAT THE COUNCIL RECENTLY HAD A TRAINING ON THE BROWN ACT.
AND AS YOU COME ON THE COMMISSION, HEATHER AND I HAVE SAT WITH YOU AND GONE THROUGH VERY DETAILED PRESENTATION ON THE BROWN ACT AND OPEN MEETING LAW WHICH IS IMPORTANT FOR THE PUBLIC TO SEE HOW OUR DECISIONS ARE GETTING MADE.
WHILE THAT BROWN ACT HAD SOME THINGS THAT WERE SPECIFIC TO THE CITY COUNCIL IF YOU WANTED TO GO AND GET A REFRESHER, YOU CAN GO AHEAD AND WITH WATCH THAT WEBINAR OR I GUESS THE RECORDED HEARING FROM THE COUNCIL MEETING.
AND IF YOU WANT I CAN ALSO FORWARD THAT OUT TO YOU.
SO THAT YOU CAN FAMILIARIZE YOURSELF, FOR THOSE OF YOU WHO JUST CAME ON THE COMMISSION IT WILL BE OLD HAT AND FOR THOSE OF YOU WHO WANT A REFRESHER, YOU CAN DO THAT.
LET ME SEE HERE.
OH, FORM 700S, SO YOU MAY HAVE SEEN AN E-MAIL FROM THE CLERK THAT CAME OUT.
EVERY YEAR ONCE UPON ASSUMING OFFICE AND THEN ANNUALLY, THEREAFTER, YOU NEED TO NIL OUT A FORM FOR THE POLITICAL PRACTICE COMMISSION FPPC THAT IS DUE ON APRIL 1ST OF EVERY YEAR SO PLEASE DO FINISH THAT IN TIME.
THERE ARE PENALTIES FOR NOT DOING SO AND THE CLERK WILL LET YOU KNOW A FEW TIMES BUT PLEASE DO THAT AS SOON AS YOU CAN FOR THE LAST CALENDAR YEAR.
LASTLY, I DO FROM TIME TO TIME, UNDERSTAND THAT THE PUBLIC CONTACTS YOU FOR VARIOUS THINGS THEY ARE INTERESTED ABOUT.
AND AS A COMMISSIONER, YOU HAVE -- YOU'RE SORT OF A CITIZEN APPOINTED PERSON WHO REVIEWS THINGS AT THIS BODY.
BUT IT'S BEST IF YOU RECEIVE THINGS THAT ARE TECHNICAL QUESTIONS TO SEND THOSE ALONG TO STAFF.
YOU CAN FORWARD THEM TO ME AND JUST ASK ME TO FOLLOW UP WITH THEM AND I'LL DO THAT.
THAT IS PROBABLY THE BEST WAY TO HANDLE ANYTHING YOU GET FROM THE PUBLIC.
SO I APPRECIATE YOU CONTINUING TO SEND THOSE THINGS ALONG SO WE CAN ADDRESS PUBLIC CONCERNS ABOUT PROJECTS.
THANK YOU, THAT'S ALL I HAVE.

>> CHAIR LIU: THANK YOU, SECRETARY PULLEN AND LOOKS LIKE ON THE LIST WE HAVE RAMAMURTHI, YOU WANT TO SAY SOMETHING?
NO, THAT IS QUICK, COMMISSIONER STECKLER.
I SEE YOUR NAME ON HERE.
>> COMMISSIONER STECKLER: YES, I DID AND I MAY HAVE MISSED THIS, JOEL.
BUT IN LOOKING AT THE CALENDAR, IN OUR HANDOUT HERE, IT APPEARS THAT WE'RE GOING TO TARGET ONE MEETING A MONTH.
SO WE'RE GOING TO STACK STUFF ON TO --
>> PLANNER PULLEN: THAT'S CORRECT.
AND WHEN YOU SAY STACK THERE ARE RELATIVELY FEW ITEMS SO IT IS ON PAR WITH I THINK THE LEVEL OF BUSYNESS WE'VE HAD IN PREVIOUS YEARS WITH JUST THE ONE MEETING AND THAT'S IN LARGE PART DUE TO THE CHANGE IN THE ECONOMY DUE TO THE ADDITIONAL THINGS THAT STAFF IS REVIEWING AT THEIR LEVEL.
>> COMMISSIONER STECKLER: OKAY, THAT'S FINE.
THANK YOU.
>> CHAIR LIU: WELL, REENA, COMMISSIONER RAO, YOU WANT TO SAY SOMETHING?
NO, OKAY.
I'M GOING TO CLEAR THE SCREEN.
ARE THERE ANY PLANNING COMMISSIONERS WHO WOULD LIKE TO SHARE ANY INFORMATION WITH THE REST OF THE PLANNING COMMISSION?
NO?
NO ANNOUNCEMENTS?
OKAY.
IF NOT, I AM EAGER TO ADJOURN THIS MEETING AT 8:27. [ GAVEL STRIKE ].
>>PLANNERPULLEN: GOODJOBCHAIR.
>> CHAIR LIU: THANK YOU.
FIRST TIME.