DUSTERBERRY RESIDENCES (PLN2025-00104)
Summary
SCH Number
2026021077
Public Agency
City of Fremont
Document Title
DUSTERBERRY RESIDENCES (PLN2025-00104)
Document Type
NOE - Notice of Exemption
Received
Posted
2/27/2026
Document Description
To consider a Discretionary Design Review Permit, Vesting Tentative Tract Map No. 8726, Private Street, Tree Removal, and waivers pursuant to State Density Bonus Law to allow the construction of a new for-sale, 24-unit detached townhome development with three on-site affordable units and 21 attached accessory dwelling units on a 1.86-acre lot at 37555 & 37557 Dusterberry Way in the Centerville Community Plan Area; and to consider a finding that no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332, In-fill Development Projects, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning, as the project is consistent with the development density established by the General Plan for which an Environmental Impact Report (EIR) (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred. Each of the foregoing provides a separate and independent basis for CEQA compliance.
Contact Information
Name
Kevin Lee
Agency Name
City of Fremont Community Development Department
Job Title
Associate Planner
Contact Types
Lead/Public Agency
Phone
Email
Name
Scott Connelly
Agency Name
Valley Oak Partners
Job Title
Project Manager
Contact Types
Project Applicant
Phone
Location
Cities
Fremont
Counties
Alameda
Regions
Citywide, Countywide, Northern California, San Francisco Bay Area
Cross Streets
Dusterberry Way & Peralta Blvd
Zip
94538
Total Acres
1.86
Parcel #
501-521-13-7, 501-521-13-8, 501-0521-013-15, 501-1830-006-00, 501-1833-003-00, 501-0521-013-011
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15332
Reasons for Exemption
The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332, Infill Development Projects, which exempts in-fill development when the project would be consistent with the General Plan and Zoning Ordinance, occur on a site no greater than five acres that’s substantially surrounded by urban uses; have no habitat value for endangered, rare or threatened species; would not result in significant effects relating to traffic, noise, air quality and water quality; and be adequately served by utilities and public services.
Exempt Status
Other
Type, Section or Code
15183, 15162, 15163
Reasons for Exemption
The project is consistent with the General Plan and zoning ordinance. The 1.86-acre lot is surrounded by urban development with existing connection to the public right of way. As a previously developed lot with active commercial uses, the project site contains no habitat value for endangered, rare or threatened species nor poses a risk to water quality. The City’s Standard Development Requirements to Address Resource Protection contained in FMC 18.218 are applicable to the project, which provides safeguards and processes to ensure biological resources remain protected during the course of construction. As it relates to noise and air quality, the project incorporates specific measures as project features to ensure that construction does not exceed applicable thresholds:
•No use of vibratory rollers within 20 feet of adjacent buildings
•No use of excavators, graders, and dozers within 10 feet of adjacent buildings
•Use of smaller vibratory compactors when compacting materials within 20 feet of adjacent buildings
•Use of alternative methods such as pavement grinder to break up existing pavement within 20 feet of adjacent buildings
•Designation of construction staff to register and investigate claims of excessive vibration
•Construction of an 8-foot fence at the northwest property line
An independent, qualified consultant retained by the City determined that these measures, in addition to the City’s Standard Development Requirements, were satisfactory in ensuring that the project would remain under any threshold of significance for air quality, noise, or vibration. Regarding traffic, the City’s Transportation Engineering Division concluded that, based on net new peak hour trips, project specific vehicle-miles traveled (VMT), and the nature of the project as a multifamily development under 25 units, the project is not subject to a Local Transportation Analysis and no further transportation review under CEQA is required. The project’s internal traffic circulation system ensures that no significant impacts to traffic in the public right of way would occur by containing most of the traffic movement to within the site. Lastly, there are existing utilities and public services available to serve the project’s needs.
On a separate and independent basis, the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The project is consistent with the development densities established in the existing zoning and general plan for which an EIR was certified. Additionally, the project has been found to not trigger subsequent documentation under CEQA Guidelines Sections 15162 and 15163 as no substantial changes are proposed in the project that would require revisions to the General Plan Update EIR (filed with the State Clearinghouse under SCH#2010082060) nor have substantial changes occurred with respect to the circumstances under which the proposed project would be undertaken require revisions to the General Plan Update EIR, nor has new information of substantial importance been identified that would indicate the project would have any new or more significant effects or require new or additional mitigation.
County Clerk
Alameda
Attachments
Notice of Exemption
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