Fremont City Council Meeting: 04/12/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4566) DOC ID: 4566
Updated: 4/6/2022 7:24 PM by Susan Gauthier Page 1
VACATION OF EASEMENT AT 38631 FREMONT BLVD - Adopt a Resolution Summarily Vacating Public Utility Easement at 38631 Fremont Boulevard in Centerville Community Plan Area (PLN2022-00135)
Contact Persons:
Name: Jian Huang Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate vacating a Public Utility Easement (PUE) at 38631 Fremont Boulevard to support the construction of a 60- unitaffordable housing project located in the Centerville Community Plan Area.
BACKGROUND: Allied 38631 FREMONT, L.P., a California Limited Partnership, the property owner and developer of the project commonly known as City Center Apartment, applied with the City for the vacation of a public utility easement (PUE) on their property.
The PUE proposed for vacation was originally dedicated to the City on Parcel Map 2936, recorded on July 19, 1979. The PUE is located along the southwest portion of the property along Bell Street as shown on the location map included in Exhibit A, and the plot and legal description is included in Exhibit B.
On October 12, 2017, the City Planning Commission approved a Discretionary Design Review Permit to allow construction of a 60-unit supportive housing project for low, very-low and extremely-low income households. To fulfill the conditions of approval of the Discretionary Design Review, developer is required to submit an application to the City to vacate the PUE that is currently on the developer’s property.
DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8333(c) allows for the summary vacation of a street right of way and public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” The City is the easement holder, and city staff have reviewed and determined that the PUE is no longer needed and there are no other public facilities located within the easement. And all concerned utility companies were notified and have consented to the proposed vacation of the PUE.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the public service easement is categorically exempt from review under the California Environmental Quality Act, as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).
ATTACHMENTS:
• Draft Resolution Summarily Vacating Public Utility Easement Staff Report (ID # 4566) Meeting of April 12, 2022
Updated: 4/6/2022 7:24 PM by Susan Gauthier Page 2
• Exhibit A – Location Map
• Exhibit B – Plat and Legal Description-Public Utility Easement Abandonment
RECOMMENDATIONS:
1. Find the action is exempt from CEQA review.
2. Adopt resolution to vacate Public Utility Easement at 38631 Fremont Boulevard.