Temple of 1001 Buddhas v. City of Fremont

BACKGROUND

The property at issue is a 29-acre parcel located in Fremont, subject to certain development constraints.1 Portions of the property have a slope of at least 30 percent; the property is traversed by at least two natural watercourses; and it is located in a very high fire hazard area and an earthquake-induced landslide zone. The property is zoned as open space. Historically, the property was used for agricultural purposes,

1 Many of the facts in this summary are taken from the

administrative hearing officer’s final decision. The court below found that substantial evidence supported this decision, and plaintiffs do not argue to the contrary on appeal.

2 supporting a single-family home (main house), a barn (former barn), a mobile home (mobile home), and a detached structure that the parties refer to as a barn or garage (former garage). In 2013, Fremont served Miaolan Lee, then-owner of the property2, with a “Notice and Order to Abate Nuisance” arising from the conversion of the former barn to residential uses (NOA 1). The parties settled the matter in 2014, agreeing that the former barn would not be used as a dwelling unit. In 2017, Fremont received a complaint…