>> CHAIR LIU: ALL RIGHT, GOOD EVENING, MY NAME IS CHARLES LIU AND I'M CHAIRING THE MEETING TONIGHT. CALL THE MEETING TO ORDER. LET'S BEGIN WITH PLEDGE OF ALLEGIANCE. I WOULD LIKE TO ASK COMMISSIONER RAMAMURTHI TO LEAD US. >> COMMISSIONER RAMAMURTHI: NO! >> CHAIR LIU: SINCE SHE'S HESITANT. I'LL ASK. 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. >> CHAIR LIU: THANK YOU. SO AT THIS TIME, I'D LIKE TO ASK EVERYONE TO PLEASE SILENCE YOUR CELL PHONE. AND PLANNING COMMISSIONER SECRETARY JOEL PULLEN, WOULD YOU PLEASE TAKE A ROLL CALL. >> PLANNER PULLEN: YES, CHAIR. AND SO TONIGHT, COMMISSIONER OR SORRY CHAIR LIU PLEASE SAY PRESENT WHEN I CALL YOUR NAME. CHAIR LIU. CHAIR DAULTON PRESENT. >> PLANNER PULLEN: VICE CHAIR ZHANG. >> COMMISSIONER ZHANG: PRESENT. COMMISSIONER RAO, PRESENT. COMMISSIONER STECKLER, PRESENT. COMMISSIONER YEE, PRESENT. COMMISSIONER BASRAI COMMISSIONER RAMAMURTHI, PRESENT, AND COMMISSIONER BASRAI, PRESENT. ALL PRESENT. >> CHAIR LIU: WE NO LONGER HAVE ONLINE PUBLIC SPEAKER AVAILABLE NOW. IF PEOPLE WANT TO MAKE PUBLIC COMMENTS THEY WILL HAVE TO BE PRESENT IN THE COUNCIL CHAMBER. YOU DO NEED TO GIVE US THE SPEAKER CARD, TO OUR RECORDING CLERK KIM SALAZAR IF YOU WANT TO SPEAK ON ANY ITEMS, OR JUST WANT TO COMMENT ON -- MAKE PUBLIC COMMENTS THAT ARE NOT ON THE AGENDA. SO I'M GOING TO ASK SPEAKERS TO GIVE SPEAKER CARDS TO KIM SALAZAR, OKAY? THANK YOU. SO I THINK I'M GOING TO MOVE ON TO OUR FIRST MEETING AGENDA TONIGHT. >> PLANNER PULLEN: LET ME GO AHEAD AND INTRODUCE STAFF HERE. I'D LIKE TO START OUT BY SAYING MY NAME IS JOEL PULLEN, I'M THE PLANNING COMMISSION SECRETARY, AND THE SENIOR DEPUTY CITY ATTORNEY SUPPORTING TONIGHT IS HEATHER LEE, THE REPORTING CLERK IS KIM SALAZAR. THE RECORDING CLERK WILL RECOGNIZE SPEAKERS DURING THE ORAL COMMUNICATION OPPORTUNITIES. E-MAIL COMMENTS HAVE BEEN SUBMITTED TO THE CLERK OR STAFF PRIOR TO THE MEETING. SO THANK YOU CHAIR AND I CAN GO AHEAD AND START THE FIRST ITEM HERE, UNLESS WE HAVE MINUTES. DO WE HAVE MINUTES? WE HAVE MINUTES. >> YES. >> PLANNER PULLEN: CAN YOU IDENTIFY THE DATES OF THE MINUTES KIM? FEBRUARY 23RD. CHAIR. >> CHAIR LIU: YES, ARE THERE ANY -- OKAY, COMMENTS? COMMISSIONER RAMAMURTHI. NO YOU'RE MUTED. >> COMMISSIONER RAMAMURTHI: NOW? >> CHAIR LIU: THE RED LIGHT IS STILL ON. >> COMMISSIONER RAMAMURTHI: AM I ON NOW? >> CHAIR LIU: YES YOU ARE. >> COMMISSIONER RAMAMURTHI: THERE'S JUST ONE LITTLE CORRECTION IN THERE, IN THE LAST MEETING. I RAISED CONCERNING PARKING ON FERRY STREET ALONE. IT IS ACTUALLY THE RESIDENCY I SPOKE TO ON HURST STREET. I WANT THAT TO BE CORRECTED. IT'S IMPORTANT THAT PEOPLE KNOW THEY ARE HEARD. >> COMMISSIONER RAMAMURTHI, COULD YOU SPELL THE NAME OF THE STREET THAT YOU'RE SPEAKING OF? >> COMMISSIONER RAMAMURTHI: YES. H-U-R-S-T AVENUE. >> OKAY, THANK YOU. >> PLANNER PULLEN: CHAIR, WE CAN RECORD THAT CHANGE IF THAT'S AMENABLE TO THE REST OF THE COMMISSIONERS AND YOU CAN STILL VOTE ON IT. >> CHAIR LIU: OKAY WITH THAT AMENDMENT AND CORRECTION TO THE MEETING MINUTES, I WOULD LIKE TO GET A MOTION TO APPROVE THE MINUTES. >> COMMISSIONER STECKLER: SO MOVE. >> CHAIR LIU: ANY SECOND? >> COMMISSIONER RAO: I SECOND. >> CHAIR LIU: OKAY LET'S VOTE ON THE MEETING MINUTES. COMMISSIONERS RAO AND RAMAMURTHI. >> YOU HAVE TO VOTE. >> COMMISSIONER ZHANG: I WAS NOT HERE LAST TIME SO I WAS JUST ABSENT. >> CHAIR LIU: GOOD, IT'S SIX AYES AND ONE ABSTAIN. ANYWAY, LET'S MOVE ON TO THE DISCLOSURES FOR TONIGHT. AND I WILL JUST START BY SAYING THAT I VISITED THE TENNIS COURT -- NO, SORRY. PARDON ME, BATTENTON COURT AND SPOKE WITH A COUPLE OF NEIGHBORS. AND IT JUST SO HAPPENS THAT THE DOOR WAS UNLOCKED SO I TOOK A PEEK ON THE INSIDE OF THE COURT. AND I DID NOT VISIT THE LIANG RESIDENCE SITE BECAUSE IT IS A GATED COMMUNITY. SO NEXT. COMMISSIONER ZHANG. >> COMMISSIONER ZHANG: I WAS ALSO AT THE HAPPY BIRDIE SITE AND TALKED TO A COUPLE OF THE PLAYERS INSIDE. YES. >> COMMISSIONER RAO: I HAVE NOTHING TO DISCLOSE. >> COMMISSIONER STECKLER: SORRY, I DROVE BY THE LOCATION UP IN AVALON HEIGHTS AND ALSO THE BADMINTON COURT. >> COMMISSIONER RAMAMURTHI: I DID -- IS IT ON? OKAY. YEAH, I DID VISIT BOTH THE PLACES AND THEY WERE ABLE TO ALLOW ME IN -- I ACTUALLY HAD A TOUR OF THE BADMINTON CLUB, BECAUSE THE NEIGHBORING WAREHOUSE AND THE CLUB, THE BADMINTON PLACE THEY SHARE THE RESTROOMS SO THEY HAD THE KEY SO THEY ALLOWED ME IN, THEY TOOK ME IN SO I WAS ABLE TO SEE THE PLACE TO HAVE A BETTER IDEA OF IT. AND I VISITED TO THAT SAINT FRANCIS TERRACE AS WELL. YEAH I WAS ABLE TO GO UP TO THE LAND AND SPEAK TO THE RESIDENTS WHO WERE THERE. I WENT TO THE HAPPY BIRDIE BADMINTON PLACE AND SPOKE TO THE BUSINESSES IN THE AREA. >> COMMISSIONER BASRAI: I HAVE NO DISCLOSURES. >> CHAIR LIU: OKAY, COMMISSIONER RAMAMURTHI ACTUALLY REMINDED ME AND I ACTUALLY DID GET A TOUR FROM THE STORE MANAGER NEXT DOOR. IT'S NOT LIKE I JUST WENT INTO THE STORE, TO THE BADMINTON PLACE, HAPPY BIRDIE. ALL RIGHT SO LET'S MOVE ON TO CONSENT CALENDAR ITEMS, ARE THERE ANY? NO CONSENT CALENDAR ITEMS. THEN NEXT I'D LIKE TO SEE IF THERE'S ANYONE WHO WANT TO COMMENT, MAKE SOME PUBLIC COMMUNICATION, COMMENTS. >> YES, CHAIR LIU WE HAVE ONE SPEAKER, KELLY ABREW FOR ORAL COMMUNICATIONS AND HOW LONG WOULD YOU LIKE TO GIVE HIM? >> CHAIR LIU: HOW MANY DO WE HAVE? >> JUST ONE FOR THIS PORTION OF THE MEETING. >> CHAIR LIU: THREE MINUTES. >> OKAY SO WHEN WE'RE TALKING ABOUT PARKING COMPLAINTS, NOT ENOUGH ON HURST, HOW ABOUT MISSION PEAK? DO YOU KNOW HOW MANY PARKING TICKETS, THAT'S WHERE ALL THE POLICE RESOURCES GET WASTED OVER THERE HANDING OUT PARKING TICKETS. AND WHY IS THAT IMPORTANT? WELL, IF YOU WERE LISTENING TO THE LAST PUBLIC MEETING OF THE CITY COUNCIL, YOU WOULD HAVE HEARD THE RESIDENTS OF ARDENWOOD TALKING ABOUT CRIME. THEY WERE VERY UPSET, PACKAGES ARE GETTING STOLEN, HOMES ARE GETTING INVADED. IT SOUNDS LIKE A REAL CRIME WAVE OVER THERE. WHY IS IT IMPORTANT? ALL YOUR POLICE RESOURCES ARE BEING WASTED HERE ON MISSION PEAK. WEIBEL DRIVE, YOU KNOW WHAT THE RESIDENTS OF WEIBEL DRIVE WILL TELL YOU ABOUT THE STREET? THE RESIDENTS OF WEIBEL DRIVE DON'T EXIST. THEIR HOMES DON'T EXIST. THEIR MAILBOXES DON'T EXIST. THEIR DRIVEWAYS DON'T EXIST, THE PEOPLE DON'T EXIST, WEIBEL DRIVE IS UNINHABITED, IT IS BY MISSION FAKE BUT ALL THE PARKING ON THE STREET HAS BEEN OUTLAWED TO CREATE AN ARTIFICIAL SCARCITY. WEIBEL DRIVE IS THE CITY'S WORST DISASTER WHEN IT COMES TO CRIME CREATION. WHAT WOULD YOU DO, HOW DOES CRIME TIE INTO PLANNING? ANY OF YOU WHO ACTUALLY WENT UP THERE TO THAT AVALON AT THAT LOCATION, THE PROPOSED SITE OF THE DEVELOPMENT TODAY, HAVE ANY OF YOU ACTUALLY BEEN THERE? DID YOU HAVE YOUR EYES OPEN WHEN YOU WENT UP THERE? YOU WOULD HAVE NOTICED, I'VE BEEN UP THERE BY MYSELF BY THE WAY, YOU WOULD HAVE NOTICED YOU HAD TO GO DOWN THROUGH A GATE, BY THE TREE WAY AT THE BOTTOM, THE LOW LANDS GATE AND THEN ONCE YOU GET UP THERE, THIS IS AN INCREDIBLE THING. I THINK EVERYBODY IN FREMONT DESERVES THIS. AT THE BOTTOM OF THE STREET IT'S A CUL-DE-SAC, THAT STREET THERE IS ANOTHER GATE. WE HAVE LAYERED SECURITY. TWO LAYERS OF GATES! IT'S INCREDIBLE, IT'S BEAUTIFUL. AND FOR THOSE WORRIED ABOUT CRIME THAT'S THE STREET FOR YOU. BECAUSE YOU HAVE GOT TWO GATES AND ALL THE POLICE ARE RIGHT THERE. THIS LOCATION IS 0.7 MILES FROM THE BOUNDARY OF MISSION PEAK IT'S STRAIGHT ABOVE YOUR HEAD. AND WE'RE GOING TO BE TALKING A LOT ABOUT MISSION PEAK WHEN WE GET TO THIS ITEM. BUT I WANT TO SET THE STAGE ABOUT THE CRIME ABOUT THE PARKING, ALL THESE THINGS THAT ARE HAPPENING EVERYWHERE ELSE IN THE CITY. IN ARDENWOOD THE CRIME, I DON'T THINK THE CRIME IS NEARLY AS HIGH WHEN YOU HAVE TWO SETS OF GATES AND PRIVATE SECURITY. THANK YOU. >> CHAIR LIU: THANK YOU. OKAY. SO SEEING THERE ARE NO MORE PUBLIC SPEAKERS, LET'S MOVE ON TO THE PUBLIC HEARING ITEMS. SECRETARY PULLEN. WOULD YOU INTRODUCE THE FIRST ITEM PLEASE. >> PLANNER PULLEN: WILL DO CHAIR. THE FIRST ITEM TONIGHT ITEM 1 IS THE LIANG RESIDENCE, A HOUSE AT 4528 SAINT FRANCIS TERRACE, TO CONSIDER A DISCRETIONARY DESIGN REVIEW TO ALLOW A NEW 15,500 SQUARE FOOT TWO STORY SINGLE FAMILY HOME ON A 2.52 ACRE VACANT LOT LOCATED AT 4528 SAINT FRANCIS TERRACE IN THE SOUTHERN HILL AREA COMMUNITY PLAN AREA, AND TO CONSIDER A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CATEGORICAL EXEMPTIONS FROM CEQA, UNDER 15 THREE 03, 15183 AND 15162-163. THE PROJECT PLANNER JAMES WILLIS IS HERE, AFTER WHICH THE APPLICANT IS HERE TO GIVE THEIR PRESENTATION AND FOLLOWING A REBUTTAL BY THE APPLICANT AFTER ANY PUBLIC COMMENTS ARE HEARD. THANK YOU CHAIR. >> CHAIR LIU: THANK YOU. SO WILL OUR PLANNER MR. WILLIS GIVE US AN INTRODUCTION, INTRODUCE THIS ITEM. DO YOU HAVE ONE? >> YES. >> CHAIR LIU: PLEASE GIVE ONE. >> GOOD EVENING COMMISSIONERS. THE PROJECT BEFORE THE COMMISSION THIS EVENING IS A DISCRETIONARY DESIGN REVIEW PERMIT FOR THE LIANG RESIDENCE, A NEW SINGLE FAMILY HOME -- >> PLANNER PULLEN: ONE MOMENT JAMES, THE SCREEN IS GREEN, I WANT TO MAKE SURE YOUR PRESENTATION IS LOADING. WE'LL GET THE TECHNICAL DIFFICULTIES AND THEN WE'LL MOVE ON. THERE WE GO. THANKS JAMES. >> A NEW SINGLE FAMILY HOME LOCATED AT 4528 ST. FRANCIS TERRACE IN THE AVALON COMMUNITY. IN NOVEMBER 1981, FREMONT VOTERS PASSED MEASURE A VOTER INITIATIVE TO PRESERVE THE OPEN SPACE AND LOW DENSITY RESIDENTIAL AREAS IN THE HILLS GENERALLY EAST OF MISSION BOULEVARD. THIS INITIATIVE WAS CODIFIED IN THE FREMONT MUNICIPAL CODE AS THE HILLSIDE COMBINING DISTRICT. IN MAY, 1991 THE CITY APPROVED PLANNED DISTRICT P-90-9, WHICH ALLOWED DEVELOPMENT OF UP TO 275 SINGLE FAMILY HOMES INCLUDING SEVEN CUSTOM HOME LOTS, AND APPROXIMATELY 1454 ACRES OF OPEN SPACE. IN NOVEMBER 2002, FREMONT VOTERS PASSED MEASURE T WHICH FURTHER PROTECTED LANDS ABOVE THE DEFINED TOE OF THE HILL LINE. THE MEASURE WAS CODIFIED IN PORTIONS OF THE OPEN SPACE ZONING DISTRICT. LANDS COVERED BY THE MEASURE T ZONING DISTRICT ARE SUBJECTED TO BOTH THE OPEN SPACE DESIGN STANDARDS AND THE HILLSIDE DISTRICT. ALLOW A NEW CUSTOM HOME MEASURING APPROXIMATELY 15,500 SQUARE FEET ON A 2.52 ACRE LOT WITHIN THE AVALON PLANNED DISTRICT. SHORTLY AFTER THE LAND WAS INITIALLY SUBDIVIDED IN 1995 THE LOT WAS DEVELOPED WITH A GRADED BUILDING PAD AND RETAINING WALL TO ALLOW THE BUILDING LOT PER THE P-90-9 CONDITIONS OF APPROVAL. THE SITE IS SEND BY A PRIVATE STREET AND ALL UTILITIES. THE PROJECT SITE IS DESIGNATED HILL FACE OPEN SPACE IN THE GENERAL PLAN, AND THE ZONING IS PLANNED DISTRICT P-90-9. THE PROPOSED HOME WOULD FEATURE A TRADITIONAL ARCHITECTURAL STYLE. THE HOME WOULD PREDOMINANTLY HAVE HIP AND GABLE ROOF, CONSISTING OF CHARCOAL COLORED FLAT TILES. THE EXTERIOR WALLS WOULD BE STUCCO WITH A STONE VENEER AS A SECONDARY MATERIAL. COVERED PARKING WOULD BE PROVIDED BY A FIVE CAR GARAGE DIVIDED INTO THREE BAYS. THE HOME WOULD NOT EXCEED THE 30 FOOT HEIGHT LIMITATION AS REQUIRED BY THE APPLICABLE DEVELOPMENT STANDARDS. THE PROPOSED HOME WOULD BE LOCATED ON A CUSTOM HOME LOT WITHIN THE AVALON PLANNED DISTRICT. ALL OF THE CUSTOM HOME LOTS HAVE DEFINED PRE-GRADED BUILDING PADS WHICH NEW HOMES ARE REQUIRED TO BE LOCATED ON. THIS SERVES TO SPREAD OUT THE HOMES TO HELP MAINTAIN THE OPEN SPACE CHARACTER OF THE HILL AREAS, AND PROVIDE PRIVACY FOR THE EXISTING AND FUTURE HOMES. TO ENHANCE PRIVACY, A GROVE OF TREES WOULD BE PLANTED ON EITHER SIDE OF THE HOME TO HELP SCREEN THE FUTURE BUILDING PADS FROM THE PROPOSED HOME. SIX HOMES HAVE BEEN CONSTRUCTED ON THE CUSTOM HOME LOTS AND THE PROPOSED HOME IS GENERALLY SIMILAR IN SIZE TO THE OTHER HOMES ALONG ST. FRANCIS TERRACE. 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: OKAY, THIS TIME I'D LIKE TO ASK IF THERE ARE ANY QUESTIONS FROM THE COMMISSIONERS. SEEING NONE -- >> COMMISSIONER YEE: CHAIR LIU I'D LIKE TO ASK A QUESTION. >> CHAIR LIU: GO AHEAD. >> COMMISSIONER YEE: THE DESIGNER IS IT THE SAME ONE THAT DID THE DESIGN AND BUILDOUT FOR THE HOMES ALONG THAT SAME STREET? >> I'M NOT POSITIVE ABOUT THE OTHER HOMES. I'VE WORKED ON ONE OTHER HOME UP THERE AND I DO NOT BELIEVE THIS WAS THE SAME ARCHITECT THAT WORKED IN THAT ONE. THE ARCHITECT IS A LONG TERM ARCHITECT IN THE AREA. IT IS POSSIBLE IT IS THE SAME -- >> COMMISSIONER YEE: I SPOKE TO SOME OF THE RESIDENTS AND THEY SVELTE THE ARCHITECT FOR THIS SAME PROJECT IS THE SAME ONE THEY USED. >> THERE WAS A DIFFERENT DESIGNER EARLIER IN THE PROJECT. THAT MAY BE THE ONE THEY'RE THINKING ABOUT. THAT DESIGNER WORKED ON A LOT OF HOMES IN THE FREMONT HILLS. THE ARCHITECT FOR THE PROJECT IS NOT THE PERSON WHO WAS DOING THE INITIAL DESIGNS. YEAH OKAY, ALL RIGHT. THANK YOU. >> PLANNER PULLEN: WE CAN ASK THE ARCHITECT OR DESIGN TEAM THAT'S HERE TO ANSWER THAT QUESTION. >> CHAIR LIU: NEXT, COMMISSIONER BASRAI, YOU HAVE QUESTIONS? I HAVE ON MY ITEM HERE AND HOW ABOUT COMMISSIONER RAMAMURTHI? OKAY I'M GOING TO CLEAR THE SCREEN I THINK, PROBABLY SOME CONFUSION THERE. OKAY. SO NEXT I'D LIKE TO ASK THE APPLICANT TO COME TO PRESENT THEIR PROJECT. YOU HAVE TEN MINUTES. >> OKAY, MY NAME IS SI JUNG CHI. I'M LATE STAGE TO TAKE OVER THE PROJECT. AS ALREADY EXPLAINED VERY CLEAR ABOUT THIS PROJECT, TODAY I DIDN'T RARE ANY PRESENTATION FOR THIS PROJECT BUTTER WILLING TO ANSWER ANY QUESTIONS THE COMMISSIONER HAS. >> CHAIR LIU: OKAY, SO COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANTS? SO COMMISSIONER YEE. >> COMMISSIONER YEE: YES, YOU PROBABLY ALREADY HEARD MY QUESTION BEFORE. I WAS TRYING TO DETERMINE IF IT WAS THE SAME ARCHITECT THAT WAS BEING USED BY ONE OF THE OTHER HOMEOWNERS IN THE AREA. >> I'M NOT. AND I DIDN'T DO ANY DESIGN ON THAT AREA. >> COMMISSIONER YEE: OKAY. ALL RIGHT, THANK YOU. >> NO PROBLEM. >> CHAIR LIU: ANY MORE QUESTIONS FROM THE COMMISSIONERS? FOR THE APPLICANTS? NO, OKAY. I'M GOING TO CLOSE THE APPLICANT SECTION OF THE DISCUSSION. SO NEXT ARE THERE ANY PEOPLE FROM THE PUBLIC WHO WOULD LIKE TO MAKE ANY COMMENTS? ANY SPEAKER CARDS? >> YES, CHAIR LIU, WE HAVE ONE SPEAKER, IT IS KELLY ABREW. >> CHAIR LIU: OKAY. >> HOW LONG WOULD YOU LIKE TO GIVE MR. ABREW? >> CHAIR LIU: THERE IS ONLY ONE SPEAKER RIGHT? THREE MINUTES. >> LET ME SAY RIGHT OFF THE BAT VERY DIRECTLY, I SUPPORT THIS PROJECT, THIS IS A FINE THING TO BE BUILDING UP THERE. BUT LET'S NOTE THAT THIS IS 0.SEN MILES FROM THE BOUNDARY OF MISSION PEAK. IT IS ABOUT A MILE AND A HALF FROM THE TOP OF MONUMENT PEAK WHICH IS EVEN CLOSER TO THE TOP OF THAT MOUNTAIN THAN -- TOP OF ANY MOUNTAIN THAN THE MAIN ENTRY TO MISSION PEAK. SO I WANT TO ASK: WHAT HAPPENED TO ALL THE STANDARDS, ALL THE, YOU KNOW, THE THOUGHTS AND DESIRES AND DEMANDS THAT THE PEOPLE AT MISSION PEAK HAVE? YOU KNOW, ALL UP AND DOWN STANFORD AVENUE, ALL UP AND DOWN VINEYARD HEIGHTS, FOR EXAMPLE PARKING. IF YOU HAD A 4,000 SQUARE FOOT HOUSE THERE YOU WOULD HAVE A THREE CAR PARKING GARAGE AT LEAST. AND BUSY THAT PARKING RATIO THIS PROJECT WOULD HAVE 11 SPACES IN THE GARAGE. AN 11 CAR GARAGE. SO WHAT DOES THAT MEAN? IT MEANS I SUPPORT THE PROJECT EVEN MORE BECAUSE IT DOESN'T HAVE TOO MUCH PARKING. IT'S CERTAINLY FIVE CARS VERY REASONABLE FOR A 15,000 SQUARE FOOT HOUSE. THIS IS A VERY ENVIRONMENTALLY FRIENDLY HOUSE WITH ONLY FIVE CARS. LET'S TALK ABOUT THE TOES OF THE HILL. DOES ANYBODY EVEN KNOW WHERE THE TOE OF THE HILL IS HERE? BECAUSE THAT IS VERY FAR UP THE HILL AND WE OBVIOUSLY HAVEN'T YET ARRIVED AT THE TOE OF THE HILL. LET'S TALK ABOUT THE CREEK. DO YOU KNOW HOW MANY PEOPLE AT MISSION CREEK WOULD BE AT ALL THESE MEETINGS TELLING YOU ABOUT EVERY SINGLE CREEK, EVERY LITTLE CULVERT AND DRAINAGE AND TELLING YOU ABOUT THE DANGERS OF THE CREEK. I DID MY CREEK RESEARCH, WITHIN 200 FEET IS DOS ROJAS CREEK, IT'S A NAMED CREEK AND WE SHOULD ALL BE WHERE YOU KNOW, THE LACK OF HAVING ANYBODY LINED UP BEHIND ME SCREAMING ABOUT THE DANGERS TO CREEKS AND HABITAT, ALONG THE CREEK, THAT TELLS YOU SOMETHING. I THINK THAT THIS PROJECT IS NO THREAT TO THE CREEK. AND FINALLY, LANDSLIDES. DO YOU KNOW THAT HOW MANY GEOLOGICAL EXPERTS WERE LINED UP HERE TELLING YOU ABOUT THE LANDSLIDE THREATS, THE TECHNICAL HAZARDS OF MISSION PEAK? THERE ARE LANDSLIDES HAPPENING AT THE TOP OF THIS STREET. THIS STREET DRIVE TO THE TOP, THERE'S MAJOR WORK GOING ON TO ADDRESS LANDSLIDE HAZARDS. SO THERE'S LANDSLIDES GOING ON ALL OVER THIS STREET, ALL OVER THAT MOUNTAIN, MAY NOT AFFECT THIS LOT I DOUBT IT BUT IT WOULD BE GOOD TO HAVE YOUR GEOTECHNICAL REPORTS HANDY IF THOSE EXPERTS SHOW UP AND START TALKING ABOUT THE GEOTECHNICAL STUFF YOU WANT TO BE READY. >> CHAIR LIU: THANK YOU. SINCE THERE ARE NO MORE PUBLIC SPEAKERS I WOULD LIKE TO GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THIS ITEM. LET'S BRING IT BACK TO THE COMMISSION TO ASK ANY ADDITIONAL QUESTIONS OF STAFF. >> PLANNER PULLEN: CHAIR, JUST POINT OF ORDER. I BELIEVE THE APPLICANT HAS A FIVE MINUTE REBUTTAL. I DON'T KNOW IF THEY HAVE ANY BUT I WOULD LIKE TO CLARIFY. >> CHAIR LIU: ANY REBUTTAL YOU WOULD LIKE TO TALK ABOUT? SORRY, ONCE AGAIN, ARE THERE ANY ADDITIONAL QUESTIONS FROM THE COMMISSIONERS OF THE STAFF, TO ASK THE STAFF? >> COMMISSIONER YEE: I DO. >> CHAIR LIU: OKAY. >> COMMISSIONER YEE: JUST ONE QUESTION, I'M JUST WONDERING HOW LONG WAS THIS PROCESS, IN ORDER FOR THIS APPLICANT TO GET TO US? >> THE APPLICANT HAS SUBMITTED MULTIPLE PRELIMINARY REVIEWS. I BELIEVE THE FIRST ONE CAME IN AT LEAST FIVE, SIX YEARS AGO. THERE WAS A SECOND ONE THAT WAS SUBMITTED, I BELIEVE IT WAS ABOUT A YEAR AND A HALF AGO. AND THEN THIS FORMAL APPLICATION WAS SUBMITTED LAST FALL. >> CHAIR LIU: WHAT TOOK SO LONG? >> COMMISSIONER YEE: WHAT TOOK SO LONG? >> THE APPLICANT DID NOT SUBMIT ANYTHING, THEY WERE REQUESTING US TO TAKE A LOOK AT A PROPOSAL AND THEY NEVER FOLLOWED THROUGH WITH A FORMAL APPLICATION. THEN WHEN THEY DID SUBMIT A FORMAL APPLICATION IT WAS TAKEN THROUGH IN A RELATIVELY NORMAL AMOUNT OF TIME ABOUT I BELIEVE IT'S BEEN ABOUT FOUR MONTHS. >> COMMISSIONER YEE: FOUR MONTHS, OKAY, THANK YOU. >> CHAIR LIU: OKAY, PARDON ME? COMMISSIONER ZHANG. >> COMMISSIONER ZHANG: THANK YOU CHAIR. I WANT TO ASK THE OTHER PROJECT, SAME STREET, 4450, ALSO A RESIDENT, SINGLE STORY BUILDING, I WONDER WHY THAT IS NOT ONE IS BRING UP TO THIS PLANNING REVIEW, BUT THIS ONE IS. >> THAT IS ON A SEPARATE LOT. IT IS A SEPARATE APPLICATION. ANOTHER PLANNING -- AUTO CITY TEAM IS REVIEWING IT. IT WAS ONLY SUBMITTED A FEW WEEKS AGO. I'M NOT EVEN SURE IF IT'S RELATED. THEY JUST LAP TO HAVE THE SAME LAST NAME. BUT I DON'T BELIEVE, WHEN I LOOKED AT THE APPLICATION, NONE OF THE -- NONE OF THE DESIGNERS, CONTRACTORS, CONTACTS WERE THE SAME PEOPLE THAT ARE ASSIGNED -- THAT ARE ON THIS PROJECT. BUT I'M SURE THE APPLICANT COULD EXPLAIN IF THEY ARE RELATED TO THAT PROJECT OR NOT. I JUST KNOW THEY HAPPEN TO HAVE THE SAME NAME. >> COMMISSIONER ZHANG: OKAY, COOL, THANK YOU. >> CHAIR LIU: OKAY, SEEING THERE ARE NO MORE COMMISSIONERS WANTING TO ASK THE STAFF ANY QUESTIONS, I'D LIKE TO BRING THE COMMISSION DELIBERATION AT THIS POINT. ARE THERE ANY ADDITIONAL DISCUSSIONS THAT THE COMMISSIONERS WOULD LIKE TO TALK ABOUT? IF NOT, I WOULD LIKE TO ENTERTAIN A MOTION. >> I MAKE A MOTION TO APPROVE THIS PROJECT. >> CHAIR LIU: MAKE A MOTION TO ACCEPT THE STAFF'S RECOMMENDATION? OKAY. >> COMMISSIONER BASRAI: I'LL SECOND. >> CHAIR LIU: OKAY. SO THE MOTION BY COMMISSIONER RAMAMURTHI AND SECONDED BY COMMISSIONER BASRAI. AND LET'S VOTE. OKAY. THE RESULT IS, THERE ARE SEVEN TO NOTHING. OKAY. >> SEARCH AYES. >> PLANNER PULLEN: I WOULD LIKE TO NOTE THAT THIS DECISION BY THE COMMISSION IS FINAL UNLESS APPEALED WITHIN TEN CALENDAR DAYS. >> CHAIR LIU: ALL RIGHT. LET'S MOVE ON TO ITEM NUMBER 2. SECRETARY PULLEN. WOULD YOU PLEASE INTRODUCE OUR NEXT ITEM. THE HAPPY BIRDIE BADMINTON CLUB. >> PLANNER PULLEN: SURE THING CHAIR. WHILE KEVIN LI GETS SITUATED, I'LL READ THE TITLE. HAPPY BIRDIE CONDITIONAL USE PERMIT. A CONDITIONAL USE PERMIT TO CONVERT A 23,957-SQUARE-FOOT TENANT SPACE IN AN EXISTING 50,480-SQUARE-FOOT COMMERCIAL BUILDING TO ALLOW THE OPERATION OF A 13-COURT BADMINTON FACILITY LOCATED AT 43921 BOSCELL ROAD IN THE BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA, AND TO CONSIDER A FINDING THAT IT'S EXEMPT UNDER CEQA REVIEW, UNDER 15301, 183 AND 162, BECAUSE IT'S CONSISTENT WITH THE GENERAL PLAN, TO REITERATE THE FORMAT HERE, THE PLANNER WILL GIVE THE APPLICATION, FOLLOWED BY THE APPLICANT, THEN THE PUBLIC COMMENT, THEN THE PUBLIC COMMENT IF DESIRED. BACK TO YOU CHAIR. >> CHAIR LIU: THANK YOU. LET'S MOVE ON TO THE STAFF'S RECOMMENDATION. PLANNER KEVIN LI. >> GOOD EVENING COMMISSIONERS, I'M THE PLANNER ASSIGNED TO THE CONDITIONAL USE PERMIT APPLICATION. THE PROJECT BEFORE THE COMMISSION AT THIS TIME IS THE HAPPY BIRDIE BADMINTON USE PERMIT OR C.U.P. IN THE TITLE. THE PROJECT CONSISTS OF RENOVATING 23,957 SQUARE FEET OF AN EXISTING BUILDING AT 43921 BOSCELL ROAD. THE EXISTING BUILDING IS 15,480 SQUARE FEET, AS YOU CAN SEE THE FLOOR PLAN IS STAYING UP THE CENTER PORTION OF THE THAT EXISTING BUILDING. THE PROJECT SITE IS LOCATED IN THE PACIFIC COMMONS PLANNED DISTRICT AND DESIGNATED REGIONAL COMMERCIAL IN ACCORDANCE TO THE CITY OF FREMONT'S GENERAL PLAN. THE FACILITY WOULD OFFER DROP IN PLAY FOR MEMBERS, FULL COURT RENTALS AND ALSO OFFER GROUP TRAINING FOR KIDS. AND AT THIS POINT I'D LIKE TO NOTE THAT IN THE STAFF REPORT THERE IS A MINOR CORRECTION THAT NEEDS TO BE MADE. THE HOURS FOR SUNDAY IS NOT 7 P.M. FOR THE OPENING. IT SHOULD BE 7 A.M., THAT IS REFLECTED IN OPERATIONAL 1 DESCRIPTION. STAFF'S RECOMMENDATION TO APPROVE FOLLOWS THE ANALYSIS OF THE CONFORMANCE TO THE CITY'S GENERAL PLAN. FINDING REQUIRED FOR CONDITIONAL USE PERMIT WHICH ARE EXPLAINED IN DETAIL IN THE STAFF REPORT. IN BRIEF, STAFF FINDS THE PROJECT TO ALIGN WITH THE VISION OF THE CITY AS SAID IN THE GENERAL PLAN BY CONTRIBUTING A BUSINESS TO BE ADDED TO THE VARIED MIX OF ACTIVITIES IN THE COMMERCIAL REGIONAL DISTRICT. BY OFFERING A RECREATIONAL SPORT IN THE AREA. STAFF ALSO FINDS THAT THE COMPLIED USE CONFORMS TO THE CENTERVILLE DISTRICT, SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION IT REQUIRES A CONDITIONAL USE PERMIT TO BE PERMITTED IN THE AREA. LASTLY STAFF FINDS THAT THE PROJECT SATISFIES THE FINDINGS REQUIRED FOR A CONDITIONAL USE PERMIT, FOR THE REASONS PREVIOUSLY STATED. IT IS ALSO LOCATED WITHIN AN EXISTING BUILDING THAT IS SUITABLE FOR THE PROPOSED USE, MEETS DESIGN STANDARDS WITH THE SURROUNDING AREA AND WOULD NOT POSE A RISK TO THE HEALTH, SAFETY OR WELFARE OF PERSONS OR PROPERTY IN THE VICINITY. AND SO IT IS STAFF'S RECOMMENDATION THAT THE PLANNING COMMISSION FIND THE PROJECT EXEMPT FROM CEQA, FIND THAT THE PROJECT IS IN CONFORMANCE WITH THE RELEVANT PROVISIONS IN THE CITY'S GENERAL PLAN AND FOUND IN EXHIBIT A AND FINDINGS AND CONDITIONS OF APPROVAL IN EXHIBIT B. AT THIS TIME I'M HAPPY TO ENTERTAIN ANY QUESTIONS FROM THE COMMISSION. >> CHAIR LIU: OKAY, I'M LOOKING AT THE SCREEN. NO QUESTIONS FROM THE COMMISSIONERS. >> COMMISSIONER ZHANG: SORRY I DON'T KNOW HOW TO REQUEST. >> CHAIR LIU: COMMISSIONER ZHANG. >> COMMISSIONER ZHANG: THANK YOU CHAIR. I JUST WANT TO KNOW, DOES THIS PERMIT IMPOSE ANY RESTRICTIONS ON HOSTING A TOURNAMENT IN THE BUILDING? >> SO IF YOU LOOK ON THE FINDINGS AND CONDITIONS, EXHIBIT B, CURRENTLY THE APPLICANT DOES NOT PLAN ON HOSTING ANY TOURNAMENTS. HOWEVER THEY DID WANT TO LEAVE THE OPTION OPEN IN THE FUTURE DEPENDING ON HOW BUSINESS GOES. WE DISCUSSED THIS BECAUSE WE DIDN'T WANT TO OVERWHELM THE PARKING SYSTEM OF THE SPECIFIC SITE. AND SO CONDITION C-2 IS DIRECTLY RELATED TO ANY HOSTING OF TOURNAMENTS. IN NO CASE SHALL THE MAXIMUM NUMBER OF PERSONS WHICH INCLUDES PLAYERS, SPECTATORS AND OTHER PERSONS AT THE FACILITY EXCEED 78, WHICH IS THE NORMAL BUSINESS CAPACITY THAT THE APPLICANT INTENDS. AND I WANTED TO NOTE THAT THIS 78 NUMBER IS WELL BELOW BUILDING OCCUPANCY MAXIMUMS. >> COMMISSIONER ZHANG: THE NUMBER OF ATTENDEES IS ONLY RESTRICTION? >> RIGHT. AND THIS WAS BASED ON THE APPLICANT'S WISHES. >> COMMISSIONER ZHANG: OKAY. ACTUALLY I SPOKE TO THE -- >> CHAIR LIU: CLOSER TO THE MIC. >> COMMISSIONER ZHANG: ANYWAY, THANK YOU. >> CHAIR LIU: ALL RIGHT, COMMISSIONER RAO YOU HAD SOME QUESTIONS? NO. COMMISSIONER RAMAMURTHI. >> COMMISSIONER RAMAMURTHI: I DO HAVE A QUESTION. LIKE RIGHT NOW YOU HAVE NINE COURTS THERE AND YOU'RE GOING TO INCREASE FOUR MORE AND THERE'S GOING TO BE ANOTHER EXERCISE AREA THAT IS GOING TO BE COMPLETELY WITHIN THOSE WAREHOUSES. ARE THEY AWARE OF IT YOUR TENANTS? AND WHAT MEAN, HOW DOES IT WORK, I'M JUST CURIOUS. I DID NOT MENTION ANYTHING TO THEM BECAUSE IT IS NOT MY PLACE. THEY SEEMED COMPLETELY UNAWARE OF THAT, ALL THOSE EIGHT COURTS THAT THEY JUST GOT COMPLETED YOU GUYS FINISHED RENOVATING IT AND REBUILT IT JUST LAST MONTH. IT WAS A THREE MONTH PROJECT AND THEY SEEM TO BE TOTALLY UNAWARE OF -- THAT IT IS GOING TO EXTEND INTO THEIR WAREHOUSE. >> ARE YOU REFERRING TO THE NEIGHBORING TENANTS OF THE EXISTING BUILDING? >> COMMISSIONER RAMAMURTHI: YES. (INAUDIBLE) AWARE OF THAT. >> PLANNER PULLEN: SO THE CITY WOULDN'T BE PRIVY TO THE PRIVATE TENANT NEGOTIATIONS OR INFORMATION. I THINK THAT WOULD BE AN APPROPRIATE QUESTION FOR THE APPLICANT. THERE MAY BE SOME LEASE NEGOTIATIONS THAT WOULD PRECEDE A RE-TENANTING OR A TENANT IMPROVEMENT THAT WOULD LAY OUT THAT SPACE. THE CITY DOESN'T REALLY GET ENGAGED WITH THOSE NEGOTIATIONS. >> COMMISSIONER RAMAMURTHI: OKAY. >> CHAIR LIU: ANY MORE COMMISSIONERS WHO HAVE QUESTIONS? OKAY. SO I DO HAVE QUESTIONS, I THINK IT'S KIND OF PARTIALLY ASKED ALREADY, AND THAT IS, THE PLAN CALLS FOR 14, IS IT 13 OR 14 COURTS BUT NOW THERE ARE 13 COURTS, THERE ARE NINE RIGHT NOW. SO WHEN WILL THE OTHER FOUR BE ADDED? >> AS PART OF THE BUILDING PERMIT EXPANSION. SO THEY ARE APPLYING FOR PLANS TO INCREASE THE USE, TO EXPAND THEIR USE TO HAVING 13 COURTS TOTAL. >> CHAIR LIU: OKAY, SO WHEN IT'S EXPANDED TO 14, WHAT IS THE MAXIMUM NUMBER OF PEEP THAT WILL BE USING THE COURT? >> SO IT'S 13 MAXIMUM COURTS AND THE 78 NUMBER IS BASED OFF OF THE FULL CAPACITY OF HAVING THE 13 COURTS IN THE FACILITY. >> CHAIR LIU: OKAY. SO THE NEIGHBORS DO HAVE SOME CONCERNS AND QUESTIONS REGARDING THE PARKING, BECAUSE IT'S RIGHT NEXT TO A RETAIL AND RESTAURANT STRIP MALL THAT FREQUENTLY OVERFLOWS TO THIS PART OF THE OFFICE, TO FIND PARKING. AND ALSO DURING WEEKENDS, PARKING HAS ALWAYS BEEN A PRETTY SERIOUS ISSUE. AND DO WE HAVE ANY PLANS TO ADDRESS THAT? >> IF YOU REFER TO THE STAFF REPORT, THERE WAS A PARKING ANALYSIS DONE. ACCORDING TO THE CALCULATIONS, ASSUMING THE MOST RESTRICTIVE PARKING STANDARDS, THE SITE DOES MEET PARKING REQUIREMENTS. HOWEVER AS PART OF THIS APPLICATION, THE APPLICANT WILL BE CONFORMING TO BICYCLE STANDARDS AS WELL SO THEY'LL BE INSTALLING SEVERAL BICYCLE SPACES BOTH SHORT TERM AND LONG TERM TO ALLEVIATE THE PARKING SITUATION. >> CHAIR LIU: OKAY. THANK YOU. SO AT THIS TIME, I'D LIKE TO ASK THE APPLICANT TO PRESENT THEIR PROJECT. CAN YOU MOVE THE MIC CLOSER TO YOU. >> OKAY, HI, GOOD EVENING COMMISSIONERS. THANK YOU FOR HAVING ME HERE. I'M EXCITED TO PRESENT TO YOU THAT FOR HAPPY BIRDIE BADMINTON. WEIR STARTING THE FACILITY FEELING THAT IT WOULD BE A HELP FOR THE COMMUNITY, AS THE BADMINTON AS A SPORT IS GROWING MORE POPULARITIES, AMONG THE FREMONT RESIDENTS. AND ALSO, WE FEEL THAT IT'S A -- JUST A NICE MIXTURE FOR THE PACIFIC COMMON AREA TO HAVE YOU KNOW MOVIE THEATER AND NOW RESTAURANTS AND NOW A BADMINTON COURT AND THAT'S ALL I'D LIKE TO SAY. THANK YOU. >> CHAIR LIU: SO ANY QUESTIONS FROM THE COMMISSIONERS TO THE APPLICANT? OKAY, COMMISSIONER RAMAMURTHI. >> COMMISSIONER RAMAMURTHI: IS THERE -- DO WE EVEN ASK THEM ABOUT THE TENANTS OR WE ARE NOT ALLOWED TO TALK ABOUT THAT? >> PLANNER PULLEN: SORRY ABOUT THAT. YOU'RE WELCOME TO ASK ANY QUESTION THAT RELATES TO THE OPERATION OF THE FACILITY WHICH MIGHT INCLUDE THE ADJACENT SPACES AND AVAILABLE PARKING AND THOSE KINDS OF THINGS SO YEAH. >> COMMISSIONER RAMAMURTHI: I MEAN HAVE YOU GUYS INFORMED THE NEIGHBORING TENANTS THE WAREHOUSE? >> YES, AS A MATTER OF FACT WE WERE ABLE TO SECURE THE SUBMITTAL SPACE FROM THE LANDLORD, AND THIS WAS ALL IN ONE TENANT WHICH IS E CON WORLD TRADING. THEY HAD THE SPACE AND THEY GAVE -- THEY TERMINATED THE LEASE EARLY AND A MUTUAL RELEASE FROM THE LANDLORD. SO THE NEXT STEP TO ANSWER YOUR QUESTION ON THAT, THE NEXT STEP IS THAT THEY ARE GOING TO VACATING THE OTHER SECTION WHICH WE DO NOT CURRENTLY HAVE AT THIS POINT. THEY'RE GOING TO BE VACATING THAT SECTION LATER, AND THAT THEY'RE USING AS PART OF THE WAREHOUSE, AND SO AS PART OF THE LEASE WITH THE CURRENT LANDLORD, WE HAVE THE FIRST RIGHT TO TAKE OVER AS SOON AS THEY LEAVE. NOW, AS FAR AS THE TIMING, WE DO NOT KNOW. BUT IT SHOULD BE SOON. >> COMMISSIONER RAMAMURTHI: I HOPE (INAUDIBLE). >> CHAIR LIU: YOU'RE MUTED. >> COMMISSIONER RAMAMURTHI: I'M JUST LEARNING ALSO SO I DON'T KNOW WHAT I CAN ASK AND WHAT I CANNOT. OR EVEN THIS, YOU KNOW COMMISSION HAS THE AUTHORITY TO GO INTO THOSE THINGS. SO FORGIVE ME IF I OVERSTEP THE BOUNDARIES. BUT THE RESTROOMS FOR WOMEN, IT IS CONSTRUCTED ALREADY. ARE YOU PLANNING TO REMODEL IT OR IS IT GOING TO REMAIN THE SAME? >> I'M NOT SURE. BECAUSE WE HAD A PERMIT FOR REMODELING THE WOMEN'S BATHROOM. SO WE ARE IN THE PROCESS OF DOING THAT. RIGHT. >> COMMISSIONER RAMAMURTHI: WHEN I WENT ON A TOUR I DID HAVE A COMPLAINT THAT THE WAY THAT IT WAS CONSTRUCTED, THE DOORS AND THE STALLS, IT'S NOT PROPERLY DONE, THAT PEOPLE CAN SEE INSIDE. SO I'M LIKE OH, I DON'T KNOW WHETHER I CAN BRING THAT UP. BUT LET ME -- >> YEAH, ACTUALLY IT'S PROBABLY IN THE PROCESS OF CONSTRUCTING, SO WE WERE IN THE PROCESS OF DOING ALL THAT RECENTLY. AND WE HAD THE PERMITS FOR THAT SO. >> CHAIR LIU: COMMISSIONER YEE. >> COMMISSIONER YEE: I SAW THE INFORMATION YOU SUBMITTED, IN REGARDS TO THE PARKING I KNOW YOU HAD SUBMITTED THAT THERE ARE FOUR PEOPLE PLAYING ON THOSE BADMINTON COURTS, AND THAT ADDS UP TO 78. THAT'S OUT THERE WITH THE RESTAURANT AND THE RESTAURANT SUPPLY HOUSE THAT'S NEXT TO YOU, SO JUST WANTED TO CLARIFY THAT FOR THE COMMISSION. THE OTHER THING TOO I WANTED TO BRING TO YOUR ATTENTION AS WELL, IT'S NOT THE BATHROOMS BUT I DO KNOW THAT YOUR NEIGHBORING BUSINESSES ARE BEING VERY ACCOMMODATING. THE ONLY TIME THEY HEAR ANYTHING FROM YOUR BUSINESS, IS ONLY WHEN THE BADMINTON PLAYERS ARE EXCITED. SO WHEN THEY SCREAM, THAT'S THE ONLY TIME. I JUST WANT TO SHARE WITH YOU THEY ARE TOLERATING IT, THEY ARE TRYING TO BE A GOOD NEIGHBOR, AND I WANT TO LET YOU KNOW TO BE A GOOD NEIGHBOR AS WELL. >> YES, WE WILL, THANK YOU. >> CHAIR LIU: ANY MORE COMMISSIONERS WHO WANT TO ASK QUESTIONS? I HAVE A QUESTION FOR YOU, I THINK PREVIOUSLY THE WAREHOUSE OR THE RESTAURANT SUPPLY HOUSE WAS ANOTHER BADMINTON OPERATION BEFORE. AND THEY PAINTED THIS BABINTON LETTERS ON SOME OF THE PARKING SLOTS AND I THINK THAT'S REALLY CREATING SOME CONFUSION FOR THE CUSTOMERS. BECAUSE NOW ON YOUR -- THE SIDE THAT'S CLOSER TO YOUR OPERATION, THERE ARE NO SUCH WORDINGS THAT RESERVE THE PARKING SLOTS TO YOUR PARKING LOT OPERATION. WOULD YOU GO AHEAD AND TAKE THE INITIATIVE, MAKING SOME MODIFICATION AND MAYBE JUST BLANK OUT THOSE RESERVED TEXTS ON THE CURBSIDE? >> I DIDN'T DO THAT BEFORE. SO I DON'T KNOW WHY IT WOULD BE MY RESPONSIBILITY. BUT I CAN DEFINITELY TRY TO DO SOMETHING ABOUT IT AND TALK TO THE LANDLORD. BECAUSE THE BADMINTON WAS DONE PREVIOUSLY FROM WHEN IT WAS OPERATING UNDER UBC AND I DON'T KNOW WHY THE LANDLORD ALLOWED THEM TO DO SUCH. BUT IT REALLY HAS NOTHING TO DO WITH MY OPERATION RIGHT NOW. AND WE ARE IN THE MIDDLE SPACE AND WE'RE NOT OCCUPYING THE END SPACE. SO, YOU KNOW, AND ALSO, THE FACT IT'S TO ADDRESS THE COMMISSIONERS, WHEN I EXPECT TO HAVE MORE PEOPLE COME IN WOULD BE AFTER BUSINESS HOURS. MORE LIKE, YOU KNOW, 8 TO 11 P.M. WOULD BE MORE SO OF THE PRIME TIME IN WHICH CASE THAT THE BIG -- THE OFFICE TO THE NEXT SIDE AND THEN THE RETAIL STORE WOULD PROBABLY HAVE NO CARS THERE. SO I DON'T EXPECT A LOT OF PARKING ISSUES THERE IS AND ALSO DURING THE WEEKEND, THERE IS NOBODY AT THE OFFICE. AND THEN THE RETAIL STORE IS CLOSED ON SUNDAYS. SO THERE REALLY SHOULD NOT BE MUCH OF A CONFLICT FROM EITHER SIDE. >> CHAIR LIU: OKAY, SO WHEN I VISITED THE PREMISE, THE NEIGHBORS DID MENTION SOMETHING ABOUT THE SHARED BATHROOM AND YOUR LEASEHOLD IMPROVEMENT ACTUALLY RAISED THE FLOOR BY A COUPLE, TWO, THREE INCHES. AND FROM THE RESTAURANT SUPPLY STORE GOING INTO THE SHARED BATHROOMS, THERE IS A LITTLE STEP THAT WOULD PREVENT WHEELCHAIRS FROM, ANYONE WHO GOES TO THE RETAIL STORE, TO BUY RESTAURANT SUPPLIES, FROM ENTERING INTO THAT BATHROOM. WOULD YOU BE ABLE TO ADDRESS THAT AND ALSO MAKE CLEAR MARKINGS ON THOSE STEPS THAT HAVE A SUDDEN DROP? >> YES, COMMISSIONER. IT'S ALREADY BEEN DONE. BECAUSE MAYBE YOU WERE GOING THERE AND WE WERE STILL IN THE PROCESS OF MAKING SURE THAT ALL THE RIMS ARE ACCESSIBLE FOR WHEELCHAIRS. SO WE HAVE ALREADY TAKEN THAT MEASURE. IT'S ALREADY BEEN DONE. >> CHAIR LIU: I'M TALKING ABOUT THE PART THAT GOES FROM YOUR BATHROOMS INTO THE -- INTO THE RETAIL STORE. AND I WAS ACTUALLY THERE THIS -- EARLIER THIS AFTERNOON. IT LOOKS LIKE THERE IS THIS LITTLE STEP. >> OKAY, I'M SORRY. I THOUGHT IT WAS GOING INTO THE BATHROOMS. >> CHAIR LIU: FROM THE BATHROOM INTO THE RETAIL STORE. >> WE CAN DEFINITELY ADDRESS THAT YES. >> CHAIR LIU: OKAY. NEXT I'D LIKE TO ASK IF THERE ARE ANY PUBLIC SPEAKERS WHO WOULD LIKE TO MAKE COMMENTS ON THIS ITEM? >> KELLY ABREW. HOW LONG WOULD YOU LIKE TO GIVE HIM? >> CHAIR LIU: TWO MINUTES. >> ONCE AGAIN THIS IS AN INCREDIBLY WONDERFUL PROJECT. WONDERFUL, GREAT IDEA TO KEEP THIS THING GOING AND EXPAND IT. WANTED TO ADDRESS A FEW OF THE IN-BUILD BIASES ON THE PART OF THIS COMMISSION. PEOPLE SEEM TO THINK THAT THE PATRONS OF RESTAURANTS HAVE SOME HIGHER LEVEL OF RIGHT TO EAT AND GET FAT. AND, YOU KNOW, I'M GUILTY OF THAT. I'VE EATEN IN RESTAURANTS HERE. BUT THE PEOPLE WHO WANT TO EXERCISE, THEY CAN PARK THEIR CARS AND THEY CAN GO EXERCISE TOO. THE PARKING SPACES ARE NOT THE RESTAURANT'S PARKING SPACES. THEY ARE ALSO EQUALLY FOR THE PEOPLE WHO WANT TO EXERCISE AND GET FIT. THIS IS A WONDERFUL LOCATION. IF YOU ACTUALLY LOOK AT THE MAPS AND THINGS AND GO OVER THERE THERE'S A DICK'S SPORTING GOODS RIGHT ACROSS THE STREET. IT'S BEAUTIFUL. I MEAN THESE PEOPLE IF THEY NEED SHOES OR PANTS OR BALLS, I DON'T KNOW WHAT THEY NEED, THEY COULD GO THERE AND THEY COULD GET WHATEVER THEY NEED. THEY WOULDN'T EVEN HAVE TO GET IN THEIR CARS, ALMOST. IT'S TREMENDOUS PLACEMENT PLANNING. AND THEN I'D ALSO LIKE TO TALK ABOUT DIVERSITY, EQUITY AND INCLUSION. THIS IS THE KIND OF FACILITY THAT IS POPULAR IN EAST ASIA BUT NOWADAYS A LOT OF PEOPLE ARE DOING PICKLE BALL. IT TURNS OUT I JUST DID THE RESEARCH. THIS IS THE EXACT SAME SIZE OF COURT FOR BADMINTON AND FOR PICKLE BALL. SO I'D LIKE TO PUT A LITTLE SAILS PITCH IN HERE. MAYBE YOU CAN SELL TO THE PICKLE BALL PEOPLE. YOU COULD CALL IT PEPPY PICKLE BALL OR WHATEVER. AND, YOU KNOW, SAME THING, AND RAISE THE NETS, LOWER THE NETS, WHATEVER YOU NEED TO DO.ABOUT AND MAYBE THE PICKLE BALL PEOPLE WILL COME, YOU KNOW, AT DAWN OR SOMETHING, MAYBE THEY HAVE DIFFERENT OPERATING HOURS IN THEIR BODY CLOCKS, AND MAYBE YOU COULD YOU KNOW EXPAND YOUR BUSINESS. THANK YOU. >> CHAIR LIU: THANK YOU. ANY MORE PUBLIC SPEAKERS? >> NO CHAIR, WE HAVE NO OTHER PUBLIC SPEAKERS. >> CHAIR LIU: I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THIS ITEM. LET'S BRING IT BACK TO THE COMMISSION TO ASK ADDITIONAL QUESTIONS OF THE STAFF. LET ME SEIZE, ARE THERE ANY MORE QUESTIONS? OKAY IF NOT, I'D LIKE TO ENTERTAIN A MOTION. ANYONE? >> COMMISSIONER YEE: I'D LIKE TO MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION. >> CHAIR LIU: SO COMMISSIONER ZHANG YOU HAVE SOME QUESTIONS? >> COMMISSIONER ZHANG: YES THANK YOU CHAIR. I WANT TO SAY I'M VERY SUPPORTIVE OF THIS APPLICATION. I WAS A VISITOR OF UBC THAT OPENED NEXT DOOR. AND IN TERMS OF PARKING THERE'S REALLY NOT MUCH OF AN ISSUE BECAUSE THE PRIME TIME OF THE CLUB IS EITHER ON THE WEEKEND OR AT NIGHT. BUT ONLY EXCEPTION IS THE -- AT NOONTIME THERE ARE SOME PEOPLE AT LAM RESEARCH THAT WANT TO PLAY BADMINTON. PLEASE BEHAVE. AT NOONTIME THAT WOULD OVERLAP WITH OTHER BUSINESS. I WOULD LIKE TO SAY WE SHOULDN'T IMPOSE ANY LIMITATION IN TERMS OF TOURNAMENT BECAUSE THAT BRING LOT OF BUSINESS TO SURROUNDING RESTAURANTS. THE BUSINESSES NEXT DOOR, COSTCO, LOTS OF OTHER SPACES. IT IS VERY WELCOME TO HAVE A TOURNAMENT HERE IN FREMONT. YES, THANK YOU. >> CHAIR LIU: THANK YOU, COMMISSIONER ZHANG. I GUESS LET'S GET BACK TO THE MOTION. SO I THINK COMMISSIONER YEE. >> COMMISSIONER YEE: YES I'VE ALREADY ASKED FOR APPROVAL OF STAFF RECOMMENDATION ON THIS ONE. >> CHAIR LIU: ANY SECONDED? >> COMMISSIONER RAO: I'LL SECOND THIS. >> CHAIR LIU: MOTION BY COMMISSIONER YEE AND SECONDED BY COMMISSIONER RAO. LET'S VOTE. 7 AYES. THE MOTION IS PASSED. SO LET'S MOVE ON TO THE NEXT ITEM. SECRETARY PULLEN. WOULD YOU PLEASE INTRODUCE THE NEXT ITEM. >> PLANNER PULLEN: YES, I DO WANT TO JUST NOTE THAT THAT ACTION BY COMMISSION IS ALSO FINAL UNLESS APPEALED TO THE CITY COUNCIL ON THE APPROVAL OF STAFF RECOMMENDATION FOR THE BADMINTON FACILITY. SO NOW I'LL PIVOT TO THE LAST ITEM ON THE AGENDA WHICH IS THE IMPACT FEE DEFERRAL FOR MARKET RATE RESIDENTIAL PROJECTS. THIS IS A PROJECT A CITYWIDE TEXT AMENDMENT TO THE MUNICIPAL CODE. TO CONSIDER RECOMMENDATION TO CITY COUNCIL OF A CITY-INITIATED ZONING TEXT AMENDMENT AMENDING TITLE 18 [PLANNING AND ZONING], CHAPTER 18.290 [DEVELOPMENT IMPACT FEES ] FREMONT MUNICIPAL CODE AND FINDING THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF CEQA. THE PLANNER IS ME. WE'VE BEEN TO THE CITY COUNCIL ON THIS ITEM, I'LL GIVE YOU A HISTORY VERY BRIEFLY. BASS IN DECEMBER 2022, THE CITY COUNCIL REVIEWED A PROPOSED INCREASE IN THE IMPACT FEE. THE MOST RECENT FEE WAS RELATIVELY HIGH COMPARED TO PREVIOUS YEARS, OWING TO SOME OF THE FACTORS AFFECTING CONSTRUCTION, AND THAT INCREASE WAS PROPOSED TO BE 13.65%. AND SO TOGETHER WITH AT A INCREASE, THE COUNCIL RECOMMENDED THAT STAFF BRING BACK AN ANALYSIS TO THEM, ABOUT THE POSSIBILITY OF REINSTATING A DEFERRAL OPTION FOR MARKET RATE PROJECTS AS WELL AS AFFORDABLE, WHICH WE ALREADY ALLOW A DEFERRAL FOR, TOGETHER WITH THAT INCREASE, TO HELP EASE THE EFFECT OF THE INCREASE AND ALLOW DEVELOPERS TO DELAY THE PAYMENT OF THE FEE. WE USED TO DO THIS, AND WE TOOK THAT AWAY SEVERAL YEARS AGO. AND SO THE COUNCIL DIRECTION WAS TO HAVE THE STAFF EVALUATE BRINGING BACK THE DEFERRAL. SO THE DEFERRAL WOULD BE DESIGNED AS IT WAS BEFORE, TO ALLOW DEVELOPERS TO ENTER INTO AN AGREEMENT WITH THE CITY THAT PUTS A LIEN ON THE PROPERTY AND ADEQUATELY LEGALLY PROTECTS THE CITY IN THE PROCESS OF ALLOWING THEM AN 18 MONTH TIME FRAME OR CERTIFICATE OF OCCUPANCY TO PAY THOSE FEES. AND SO THIS WOULD GO INTO EFFECT ON JULY 1ST. I WAS REMISS IN MENTIONING THAT WE DID GO BACK TO COUNCIL IN FEBRUARY TO REVIEW THE PROPOSAL WITH THEM, AND COUNSEL DIRECT ID US TO TAKE THIS STEP TO COME BEFORE YOU FOR YOUR RECOMMENDATION ON THE ZONING TEXT AMENDMENT AND THEN WE WOULD TAKE YOUR RECOMMENDATION TO CITY COUNCIL THEREAFTER. AND THAT CONCLUDES MY PRESENTATION. >> CHAIR LIU: OKAY, ARE THERE ANY QUESTIONS FROM THE COMMISSIONERS? COMMISSIONER RAMAMURTHI. >> COMMISSIONER RAMAMURTHI: YES, I HAVE A QUESTION REGARDING THIS. IT SAYS THE EFFECT OF RESTORING THE FREE DEFERRAL, IT'S KIND OF MIXED, IS THE CITY WOULD USE THESE FEES LATER FOR INFRASTRUCTURE AND AFFORDABLE, BUT WOULD RESULT IN COST INCREASE IN AN ENVIRONMENT OF ESCALATING CONSTRUCTION COSTS. SO IS THERE ANY COST ANALYSIS DONE? DO WE HAVE ANY IDEA WHAT IS IT -- WHAT IS THE EFFECT OF IT? >> PLANNER PULLEN: SO IT'S VERY DIFFICULT TO DETERMINE. THE COUNCIL DIRECTION WAS BASED ON AN OVERALL DESIRE TO DELAY THE PAYMENT OF THE FEES WHICH WILL -- THE THEORY IS, ALLOW DEVELOPERS TO PROCEED WITH PROJECTS THAT THEY MAY NOT OTHERWISE HAVE THE CAPITAL IN HAND TO PROCEED WITH. AND IF THAT ENABLES THEM TO PROCEED WITH MORE PROJECTS, THEN WE WOULD COLLECT MORE FEES FROM THOSE PROJECTS. IT'S HARD TO SAY, IN A MOVING INTEREST RATE AND OTHER ENVIRONMENT, WHETHER, HOW THAT WILL TAKE SHAPE BUT THE DIRECTION'S BEEN TO PROVIDE THAT FLEXIBILITY. AND WE HOPE THAT IT WILL BRING IN MORE PROJECTS THAT DECIDE TO MOVE FORWARD. AND IT'S A PRICE THE CITY OR IT'S A BALANCE THE CITY'S WILLING TO DO IN ORDER TO ENCOURAGE PROJECTS TO PROCEED IN THE PROCESS. I WILL ALSO MENTION THAT THIS IS ALSO PARTIALLY DRIVEN BY SOME FEEDBACK FROM THE BUILDING INDUSTRY ASSOCIATION THAT WAS REMISS TO MENTION THAT DURING THE VISIT TO COUNCIL BACK IN DECEMBER OF LAST YEAR. THEIR FEEDBACK WAS THAT THIS COULD BE AN IMPACT ON PEOPLE'S ABILITY TO TAKE PROJECTS FORWARD SO THAT IS PART OF THE REASON FOR DELAYING THE PAYMENT OF IMPACT FEES. SO NO, TO ANSWER YOUR QUESTION, WE DON'T HAVE VERY SPECIFIC ECONOMIC DATA BUT IT'S A BALANCE WE'RE TRYING TO STRIKE. >> COMMISSIONER RAMAMURTHI: THE END OF THAT -- THEY WILL PAY WITH THE 13% INCREASE IS THAT CORRECT? >> PLANNER PULLEN: YES, SO 13.65% INCREASE WILL GO INTO EFFECT ON JULY 1ST ALONG WITH THIS ORDINANCE. AND SO ANYBODY WHO WERE TO PULL A BUILDING PERMIT BEFORE THEN, THAT HAD A MARKET RATE PROJECT WOULD PAY THE CURRENT FEE WHICH IS LOWER. BUT THEY WOULD NOT FOR A MARKET RATE PROJECT BE ABLE TO DEFER THOSE FEES. HOWEVER IF THEY PULL A PERMIT AFTER JULY 1ST THEY WOULD PAY THE HIGHER FEE OR DEFER THE HIGHER FEE. CHAIR DAULTON COMMISSIONER ZHANG. >> COMMISSIONER ZHANG: THANK YOU CHAIR. SO THE DECISION OF RAISING THE FEE IS BY 13.65%, WAS MADE LAST YEAR, BECAUSE OF THE RATE HIKING IN THIS YEAR, DOES THIS COST INDEX CHANGED SINCE THEN? >> PLANNER PULLEN: THIS COST INDEX IS DONE ANNUALLY FOR OUR IMPACT FEES. SO I DON'T KNOW IF THERE'S BEEN AN UPDATE BUT WE WOULDN'T REFLECT AN UPDATE UNTIL THE FOLLOWING YEAR'S ADJUSTMENT TO THE IMPACT FEES. AND SO I DON'T KNOW IF THERE IS A MORE COMMON PUBLISHING OF THIS NUMBER. BUT WE USE IT ANNUALLY FOR A JULY UPDATE. >> COMMISSIONER ZHANG: I SEE THE DECISION WAS BASED ON THE 2022 DATA? >> PLANNER PULLEN: IT'S BASED ON THE -- I'M GOING TO GET THE ACRONYM WRONG. THE ENGINEERING NEWS RECORDS BAY AREA CONSTRUCTION COST INDEX. AND SO I DON'T KNOW MUCH MORE ABOUT THAT OTHER THAN WE REVIEW THAT ANNUALLY TO DETERMINE HOW MUCH THEIR FEE WILL GO UP. >> CHAIR LIU: PLEASE GET CLOSE TO YOUR MIC SO THE AUDIENCE CAN HEAR YOU. >> COMMISSIONER ZHANG: THAT YOU CHAIR. I'M SAYING THIS INCREASE THE BASED ON AN OUTDATED NUMBER, IT'S QUITE A LOT OF MONEY SO I WAS THINKING WHETHER WE NEED TO KEEP TRACK THE CHANGE AND TO MAKE SURE WE HAVE THE RIGHT RECOMMENDATION TO THE COUNCIL. >> PLANNER PULLEN: YES, WE WILL REVIEW THAT ANNUALLY AND PROPOSE ADDITIONAL UPDATES TO THE FEE, AND BALANCE THAT WITH OTHER POLICIES. >> COMMISSIONER ZHANG: THANK YOU. >> CHAIR LIU: COMMISSIONER BASRAI. >> COMMISSIONER BASRAI: THANK YOU. I DON'T KNOW IF YOU WANT TO GO FIRST BECAUSE I SAW YOU PUSH THE BUTTON FIRST. OKAY. SO ARE THERE EXAMPLES OF OTHER CITIES THE SIZE OF FREMONT THAT HAVE EITHER DEFERRED OR IMPLEMENTED FEES LIKE THIS? BECAUSE I THINK THAT'S KIND OF -- YOU KNOW, WE WANT TO BALANCE THAT OUT AND SEE IF, YOU KNOW, WHAT OTHER CITIES ARE DOING. AND WE HAVEN'T DONE THAT ANALYSIS? >> PLANNER PULLEN: I DON'T HAVE ANY READY EXAMPLES FROM THE SURROUNDING CITIES. I WILL SAY THAT CALIFORNIA STATE LAW PROVIDES THE BASIS FOR US TO ALLOW DEFERRAL OF FEES WITHIN THE GOVERNMENT CODE. AND WE'RE CONSISTENT WITH THAT. IT ALLOWS US TO DEFER FEES FOR MARKET RATE PROJECTS UNDER CERTAIN CONDITIONS RELATED TO WHETHER WE HAVE A CAPITAL IMPROVEMENT PLAN. AND SO THE CITIES, YOU KNOW, WANTED TO KEEP UP WITH OUR INFRASTRUCTURE, IN ORDER TO KEEP UP WITH OUR INFRASTRUCTURE WE HAVE TO COLLECT FEES AT A RATE THAT ENABLES US TO DO THAT, BECAUSE THE CITY'S GROWING, YOU KNOW, ROADS GET BAD, CAPITAL FACILITIES, FIRE, ALL THE DIFFERENT FEE GROUPS, PARKS, ET CETERA, NEED THOSE FUNDS TO BE BROUGHT IN. AND SO TO GET BACK TO THE POINT I WAS TRYING TO MAKE, AND SO WE NEED TO COLLECT THOSE. NOW, WE CAN ONLY COLLECT THOSE EARLIER IF WE HAVE A CAPITAL IMPROVEMENT -- EARLIER THAN THE 18 MONTHS OR CERTIFICATE OF OCCUPANCY, IF WE HAVE A CAPITAL IMPROVEMENT PLAN THAT CALLS FOR THAT LEVEL OF FUNDS TO BE USED IN THE COMMUNITY. AND WE HAVE A VERY LARGE CAPITAL IMPROVEMENT PLAN WITH A LOT OF OFFICIAL PROJECTS, AND SO WE DO HAVE THE ABILITY TO CHARGE THOSE FEES EARLIER. HOWEVER WE'RE TRYING TO STRIKE THAT BALANCE TO LET THEM BE LATER IN THE HOPES THAT THAT WILL SPUR PROJECTS TO MOVE TOWARD. I DON'T HAVE DATA ABOUT THE RELATIVE NUMBERS OF THE -- OR THE AMOUNTS OF FEES FOR THE OTHER JURISDICTIONS. AND I DON'T HAVE DATA ABOUT THE AMOUNT OF THEIR RECENT INCREASES AVAILABLE FOR YOU TONIGHT. BUT I CAN CERTAINLY COLLECT THAT INFORMATION FOR COUNCIL. >> COMMISSIONER BASRAI: LAST QUESTION I HAVE, THIS IS JUST A TEMPORARY DELAY, DO WE KNOW HOW LONG, IS IT A YEAR, TWO YEARS? >> PLANNER PULLEN: THE CODE WOULD BE UPDATED AND THE RULE WOULD BE APPLICABLE ALLOWING DEFERRAL OF FEES FOR 18 MONTHS OR CERTIFICATE OF OCCUPANCY, UNTIL WE WERE TO CHANGE THE CODE. AND LIKE I MENTIONED, SO THIS WOULD BE A PERMANENT CHANGE TO THE CODE UNLESS WE GO BACK AND CHANGE IT IN THE FUTURE. WE DID UNDO THIS SEVERAL YEARS AGO AND WE'RE PUTTING IT BACK IN TO ALLOW PEOPLE TO DEFER. >> COMMISSIONER BASRAI: UNDERSTAND, THANK YOU. >> CHAIR LIU: ANY MORE QUESTIONS? COMMISSIONER YEE? >> COMMISSIONER YEE: YES I GUESS TO CLARIFY, YOU KNOW, I THINK AS PART OF IT IS BASED ON WHAT THE MARKET, THE PRESSURES, RIGHT? WHEN WE WENT FROM ONE WAY AND NOW WE'RE LOOKING TO GO TO THIS DEFERRAL. YOU KNOW, TALKING TO SEVERAL DEVELOPERS RIGHT NOW BECAUSE OF THE WAY THE MARKET IS, YOU KNOW, THEY'RE IN FAVOR OF HAVING THIS DEFERRAL BECAUSE RIGHT NOW I THINK THE BIGGEST THING THAT THEY'RE TALKING ABOUT IS, YOU KNOW, CASH FLOW, YOU KNOW, AND THEN TO ADDRESS AND ANSWER YOUR QUESTION, I WAS KIND OF SURPRISED TO HEAR FROM ONE OF THE DEVELOPERS HOW MUCH ARE THESE IMPACT FEES AT LEAST $200,000. TO GIVE YOU THE IDEA OF A SIZE AND SCOPE OF AN IMPACT FEE THAT THEY WOULD HAVE TO TAKE UP FRONT. AT THE SAME TIME, WHAT THEY ARE TELLING ME, THE BANKS ARE MORE FAVORABLE, SO THEY ACTUALLY HAVE A TANGIBLE TO GET THE PRODUCT TO MARKET. IF SOMETHING DID HAPPEN THE BANKS WOULD HAVE A WAY TO BE ABLE TO REIN IN THE ASSETS. SO THAT'S KIND OF WHAT THEY WERE SHARING WITH ME WHY THEY FELT MORE FAVORABLE HAVING A DEFERRED IMPACT FEE AT THIS POINT THE WAY THE MARKET IS. >> CHAIR LIU: ANY MORE QUESTIONS? I HAVE A QUESTION, SECRETARY PULLEN. SO OUR IMPACT FEES COMPARED TO OTHER CITIES, IS IT ON THE HIGH SIDE, IN TERMS OF THE ABSOLUTE NUMBERS? OR ON THE LOW SIDE COMPARED TO ANY NUMBERS IN THE CITY REGARDLESS OF SIZE? >> PLANNER PULLEN: FREMONT'S IMPACT FEES ARE -- HAVE BEEN CONSIDERED IN THE PAST TO BE ON THE HIGH OR THE ABOVE-AVERAGE SIDE. HOWEVER SOME OF THE STUDIES THAT HAVE BEEN PUBLISHED HAVE CONFLATED A VARIETY OF FEES THAT ARE NOT DIRECTLY CITY FEES, FOR EXAMPLE SCHOOL DISTRICT FEES HAVE BEEN INCLUDED IN SOME OF THOSE STUDIES THAT HAVE SHOWN THAT OUR FEES ARE HIGH FOR SOMEONE DOING A HOUSE IN FREMONT. AND SO EVERY CITY HAS ITS OWN REALITIES OF FINANCING, PUBLIC OR CAPITAL IMPROVEMENT PROJECTS. AND THE CITY'S IMPACT FEES HAVE BEEN REVIEWED AND FOUND TO BE CONSISTENT WITH THE STUDIES THAT ARE NECESSARY FOR US TO PUBLISH IN ORDER TO REQUIRE THOSE FEES. AND SO TO ANSWER YOUR QUESTION, YES, THERE HAS BEEN PRESS ABOUT OUR FEES BEING RELATIVELY HIGH. HOWEVER THEY ARE LEGALLY PERMISSIBLE TO BE CHARGED AND THIS THE LAST HOUSING ELEMENT CYCLE WE DID PRODUCE QUITE A BIT MORE UNITS, ESPECIALLY THE MARKET RATE VARIETY THAT PAY THESE FEES THAT EXCEEDED OUR RHNA AT THAT TIME. SO IT DIDN'T AS IT RELATES TO OUR ABILITY TO PRODUCE AS MANY UNITS AS THE RHNA CALLED FOR IN THE LAST HOUSING ELEMENT CYCLE, THAT DIDN'T PREVENT US FROM REACHING THAT TARGET. SO THEY SEEMED TO BE FEASIBLE TO BE PAID AND FOR THE MARKET TO DEVELOP HOUSING. >> CHAIR LIU: OKAY, THANK YOU. SO IF THERE ARE NO MORE QUESTIONS FROM THE COMMISSIONERS, I WOULD LIKE TO ENTERTAIN A MOTION. >> CHAIR PERSON LIU WE HAVE ONE PUBLIC SPEAKER. >> CHAIR LIU: SORRY ABOUT THAT. GO AHEAD, TWO MINUTES. >> KELLY ABREW. >> YES YOUR STAFF HAS BEEN VERY MUCH UNDERPLAYING THE OVERALL FEES IN. IF YOU ADD UP ALL THESE FEES IN A CORRECT AND BUSINESS LIKE MANNER YOU'LL FIND OUT THAT FREMONT WAS OF THE -- THEY LOOKED AT A HALF DOZEN CITIES ACROSS CALIFORNIA, FREMONT WAS THE HIGHEST. NOW WHO WOULD MAKE THIS CLAIM? WHO ARE THESE PEOPLES PEOPLE? THIS IS THE TURNER CENTER FOR HOUSING INTERVENTION AT THE UNIVERSITY OF CALIFORNIA BERKELEY. THEY TAKE ON PROJECTS THAT IDENTIFY HOUSING RESEARCH AND PRACTICE. THESE ARE PROFESSIONALS THAT REALLY KNOW THIS BUSINESS, THEY ARE DATA DRIVEN, OTHER MILKS AIMED AT INFORMING THE DIALOGUE AND SHAPING A MORE EQUITABLE FUTURE. THIS IS THE PEOPLE THAT FOUND FREMONT TO BE CHARGING THE MOST. NOW WHY WOULD THEY DO THIS THING ABOUT THE ENGINEERING INDEX? BECAUSE IF YOU LOOKED AT ALL THE INDEXES OUT THERE IT WAS THE HIGHEST, JUMPED UP 13% OR SOMETHING IN ONE YEAR. WHAT ARE THEY DOING WITH ALL THIS MONEY? IF YOU ARE CHOOSING THIS INDEX YOU ARE CLAIMING THAT THE CITY IS GOING OUT THERE AND BUILDING THINGS, BUILDING SQUARE FOOTAGE TO HOUSE PEOPLE. THAT'S WHAT THIS INDEX REFLECTS OR GIANT BRIDGE PROJECTS OR WHATEVER. MAYBE THE CITY IS NOT EXACTLY DOING THAT. MAYBE IT'S PAYING RENTS TO HOUSE THE HOMELESS, IN WHICH CASE YOU SHOULD BE LOOKING AT A RENTAL INDEX. MAYBE THIS CITY IS MISREPRESENTING ITS NEEDS AND WHAT IS E-WHAT IT IS DOING WITH THE MONEY, PRETENDING IT'S BUILDING SKYSCRAPERS AND IT'S ACTUALLY PAYING SALARIES. IT WAS THE HIGHEST, THE MOST LUCRATIVE FOR YOU, THIS ALSO FALSE AND MISLEADING INDEX. YOU SHOULD HAVE PICKED ANOTHER ONE THAT WAS MORE REPRESENTATIVE. BUT ANYWAY I'M NOT A FAN, THANKS. >> CHAIR LIU: THANK YOU. ANY STAFF WOULD YOU LIKE TO ADDRESS THE PUBLIC SPEAKER'S CONCERN OR COMMENTS? >> PLANNER PULLEN: SURE, I CAN SAY THAT THE INDEX THAT WE USE IS AN ESTABLISHED INDEX THAT IS CONSISTENTLY USED BY OTHER JURISDICTIONS, INCLUDING SOME OF OUR PARTNER AGENCIES HERE IN THE CITY LIKE SPECIALTY DISTRICTS AND SUCH SO THEY ARE CHERRY PICKED IN THAT WAY, THEY ARE USED CONSISTENTLY AS A STANDARD. >> CHAIR LIU: OKAY, ANY COMMENTS FROM THE COMMISSIONERS? OKAY, I HAVE A COMMENT TO MAKE, THAT IS YOU KNOW WE HAVE APPROVED QUITE A NUMBER OF PROJECTS IN THE PAST DUE TO CONSTRUCTION COST AND OTHER COSTS. THEY HAVE NOT BEEN -- THE DEVELOPERS HAVE NOT BEEN ABLE TO BREAK GROUND. SO WE ARE NOT SEEING AS MANY UNITS AS WE WOULD LIKE TO SEE. SUPPLY HAS NOT BEEN INCREASING TO ACCOMMODATE THE HOUSING NEEDS. SO ANYTHING THAT COULD MAKE MORE HOUSING AVAILABLE CHEAP -- ANYTHING THAT WOULD MAKE IT CHEAPER TO BUILD, WOULD BE VERY WELCOME, IN MY OPINION. AND SO THIS IMPACT FEE DEFERRAL, IF IT'S GOING TO MAKE THE DEVELOPERS' LIVES A LITTLE EASIER SO I WELCOME IT. SO ANYWAY, THAT'S MY COMMENTS. SO COMMISSIONER ZHANG YOU HAVE MORE COMMENTS? >> COMMISSIONER ZHANG: THANK YOU CHAIR. I ACTUALLY SEARCHED WHERE THIS -- CONSTRUCTION COST INDEX, AND IT'S PUBLISHED MONTHLY BUT I CANNOT ACCESS IT BECAUSE THE WEBSITE IS A MEMBERSHIP PROTECTED. BUT I'M FEELING I'M VOTE BEING BLANDLY. BECAUSE THERE'S NOT MUCH OF A COST ESTIMATION OR GOOD PREDICTION OF WHAT'S GOING TO HAPPEN. IT MAY HELP THE DEVELOPERS TO START A PROJECT, BUT WE ARE GOING TO HAVE -- IT'S GOING TO HAVE AN IMPACT TO THE CITY INCOME I KNOW. SO BECAUSE OF RATE HIKING AND OTHER ISSUES. SO THAT'S MY CONCERN. >> PLANNER PULLEN: CHAIR, I SHOULD CLARIFY. I JUST WANT TO MAKE SURE THAT WE ARE UNDERSTANDING THE PORTION OF THE COMMISSION'S ACTION TONIGHT. I MAY NOT HAVE ADEQUATELY SEPARATED SORT OF WHAT YOUR ACTION IS AND WHAT THE WIDER COUNCIL ACTION IS. SO COUNCIL'S ALREADY DETERMINED THE 13.65% INCREASE. WHAT'S BEING ASKED OF THE COMMISSION TONIGHT IS MORE NARROWLY ON THE DEFERRAL. AND SO THE TEXT CHANGE TO THE CODE IS TO ALLOW A DEFERRAL, AND THEN THAT WILL BE REVIEWED BY YOU AND YOUR RECOMMENDATION WOULD BE GIVEN TO CITY COUNCIL TO MAKE A DECISION. BUT THE PERCENTAGE INCREASE IS IN THE COUNCIL'S DOMAIN AS THEY DEAL WE FEES. SORRY FOR THAT. >> CHAIR LIU: I UNDERSTAND THAT. YES. THANK YOU FOR THE CLARIFICATION. YES, COMMISSIONER RAO. THERE ARE, I THINK WE ALREADY CLOSED THE PUBLIC SPEAKING, PUBLIC SPEAKER PORTION OF THE -- DO YOU HAVE ANY MORE NEW SPEAKERS? >> YES, I HAD A LATE CARD BUT I DID NOT HEAR THAT WE HAD CLOSED THE PUBLIC HEARING JUST YET FOR THIS ITEM. >> CHAIR LIU: YES, GO AHEAD. >> WE HAVE AN ADDITIONAL SPEAKER BY THE NAME OF REESHE KHANHA. WOULD YOU LIKE TO GIVE TWO MINUTES? >> CHAIR LIU: YES, TWO MINUTES. >> GOOD EVENING COMMISSIONERS MY NAME IS REESHE KHANHA, I'M A SMALL DEVELOPER HERE IN FREMONT. I STRONGLY RECOMMEND THAT THE COMMISSIONERS APPROVE THIS, THIS WILL HELP THE DEVELOPERS BIG TIME START THE PROJECTS AS EARLY AS POSSIBLE. YOU DID THE CONCESSIONS EARLIER AND THEY DID NOT BECAUSE OF THE HIGH INTEREST RATES THE BANKS ARE A LITTLE BIT TIGHTER. SO GIVING THIS CONCESSIONS WHICH IS ALREADY GIVING IT TO THE BMR UNITS ALSO IT WOULD HELP MORE DEVELOPERS AND THE CITY VISION TO BUILD I THINK 13,000 NEW HOUSES IN THE NEXT EIGHT YEARS OR SO, THAT WROTE EXPEDITE THAT AND BRING A LOT MORE NEW DEVELOPERS OVER HERE. BECAUSE IN THE BUILDING, IN THE BEGINNING, ALL THESE FEES UP-FRONT FEES MAKES A BIG IMPACT AND IS HARD FOR A LOT OF DEVELOPERS. I WOULD HIGHLY SUGGEST ALL THE COMMISSIONERS TO APPROVE THIS. >> CHAIR LIU: THANK YOU. SO ANY MORE QUESTIONS FROM THE COMMISSIONERS FOR REESHE? NO? OKAY. I'M GOING TO NOW CLOSE THE PUBLIC SPEAKING OF -- CLOSE THAT SECTION AND BRING IT BACK TO THE STAFF DELIBERATION. OKAY THERE ARE NO MORE DISCUSSIONS, THEN WHO WOULD LIKE TO MAKE A MOTION? >> COMMISSIONER YEE: I'D LIKE TO MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION. >> COMMISSIONER BASRAI: SECOND. >> CHAIR LIU: MOTION BY COMMISSIONER YEE AND SECONDED BY COMMISSIONER ZHANG -- COMMISSIONER BASRAI. OKAY. COMMISSIONER BASRAI. SPOKE FIRST, I DIDN'T SEE THAT. OKAY. LET'S VOTE. >> I HAVE SEVERAL COMMISSIONERS WHO DID NOT VOTE. COMMISSIONER RAO AND COMMISSIONER STECKLER. >> CHAIR LIU: OKAY ALL YEAS. >> PLANNER PULLEN: CHAIR THAT IS A RECOMMENDATION TO CITY COUNCIL AND SO CITY COUNCIL WILL REVIEW THIS AT THEIR NEXT SCHEDULED MEETING ON THIS ITEM. BACK TO YOU. >> CHAIR LIU: THANK YOU. THAT'S FOR ALL OF THE ITEMS FOR TONIGHT HAVE BEEN DISCUSSED. AND LET'S MOVE ON TO MISCELLANEOUS ITEMS. ARE THERE ANY MATTERS OF INTEREST FROM THE STAFF? >> PLANNER PULLEN: YES, CHAIR. COUPLE OF THINGS TO REPORT OUT TO YOU. ONE IS THAT ON OUR NEXT REGULARLY SCHEDULED MEETING OR OUR SPECIAL MEETING IS TENTATIVELY SCHEDULED FOR MAY 11TH. SO THAT IS THE SECOND THURSDAY OF MAY. I DID WANT TO ALSO REPORT ON SOME ITEMS THAT WENT TO COUNCIL AFTER YOUR REVIEW. SO THE FIRST OF THOSE IS THE FLOOD ORDINANCE THAT YOU HEARD A MONTH AGO, WENT TO COUNCIL AND GOT APPROVED FOR THE CHANGES TO OUR FLOOD ORDINANCE. ALSO, AT THE CITY COUNCIL MEETING THIS PAST TUESDAY, THEY REVIEWED THE ANNUAL PROGRESS REPORT AND RECOMMENDED THAT WE SEND THAT TO THE STATE FOR THE HOUSING ELEMENT. AND SO THAT WAS THE LAST ANNUAL PROGRESS REPORT ON THE HOUSING ELEMENT THAT WAS FOR THE LAST HOUSING ELEMENT CYCLE FROM 2015 TO 2023, THAT IS AWAY TO THE STATE. LAST BUT NOT LEAST, I DO WANT TO REPORT THAT YESTERDAY OR THE DAY BEFORE WE GOT AN E-MAIL FROM THE STATE THAT WE HAD BEEN CERTIFIED OFFICIALLY FOR OUR HOUSING ELEMENT. OUR HOUSING ELEMENT FOR THE NEXT CYCLE FROM 2023 TO 2031 IS IN THE BOOKS AND ALL OF WAYLAND LI'S WORK HAS BEEN RECOGNIZED BY THE STATE IN THEIR LETTER TO US. WE ARE READY TO IMPLEMENT THAT AND I'M VERY EXCITED TO SAY THAT WE ARE IN GOOD GRACES WITH HOUSING AND COMMUNITY DEVELOPMENT WITH THE STATE. >> CHAIR LIU: THANK YOU. [APPLAUSE] >> CHAIR LIU: VERY GOOD. SO COMMISSIONERS: DO WE HAVE ANY MATTERS OF INTEREST THAT YOU WOULD LIKE TO ANNOUNCE? COMMISSIONER RAMAMURTHI. >> COMMISSIONER RAMAMURTHI: I JUST WANT TO KNOW, LAST MEETING, I DID ASK OF THE STAFF TO FIND OUT ABOUT, FROM THE TRANSPORTATION DEPARTMENT, WHETHER THEY GOT ANY COMPLAINTS OR WHETHER THEY CAN DO ANYTHING ABOUT THE PARKING IN HURST AVENUE, DO YOU HAVE ANY UPDATE REGARDING THAT? >> PLANNER PULLEN: I DID PASS THAT ON AND HAD A BRIEF CONVERSATION WITH THE PLANNER ON THE PROJECT. I'LL SEND AN E-MAIL OR GIVE YOU A CALL REGARDING MORE INFORMATION ON THAT. >> CHAIR LIU: ANY MORE ANNOUNCEMENTS FROM THE COMMISSIONERS? COMMISSIONER YEE YOU MAY HAVE SOMETHING TO ANNOUNCE FOR NEXT WEEK. >> COMMISSIONER YEE: YES, YOU'RE TALKING ABOUT THE ANNUAL PLANNING COMMISSIONERS ACADEMY NEXT WEEK. I THINK THREE OF US ARE GOING. I'LL BE ONE OF THEM AND I'LL BE MODERATING ONE OF THE SESSIONS AND I'LL BE THE CLOSING SPEAKER. >> CHAIR LIU: ALL RIGHT. CONGRATS. YOU'LL BE REPRESENTING FREMONT VERY WELL. >> COMMISSIONER YEE: GOING TO TRY AND THE REST OF NORTHERN CALIFORNIA AS WELL. >> COMMISSIONER ZHANG: YOU ARE GOING TO MENTION FREMONT RIGHT? >> COMMISSIONER YEE: THEY ALREADY HAVE IT ON THE SLIDES. >> CHAIR LIU: WE ARE VERY PROUD OF YOU. OKAY. SO DO WE HAVE ANY REPORT ON ACTIONS OF CITY COUNCIL REGULAR MEETINGS THAT WE WANTED TO TALK ABOUT? >> PLANNER PULLEN: THAT WAS A PORTION OF MY REPORT, THANK YOU. >> CHAIR LIU: OKAY, YOU ALREADY MENTIONED THAT. OKAY, WELL, LET ME SEE, WHERE IS THE -- IF NOT, I'D LIKE TO ADJOURN OUR PLANNING COMMISSION MEETING AT 8:30 -- 8:20.