Fremont City Council Meeting: 05/17/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4610) DOC ID: 4610
Updated: 5/12/2022 2:34 PM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 5588 CUSHING PARKWAY - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway in Bayside Industrial Community Plan Area (PLN2022- 00129)
Contact Persons:
Name: Kelly Reynolds Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Engineering Public Works
Phone: 510-494-4737 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate vacating a portion of the Emergency Vehicle Access Easement (EVAE) at 5588 Cushing Parkway to support the construction of ancillary corporation yard improvements for United Parcel Service (UPS) located in the Bayside Industrial Community Plan Area.
BACKGROUND: Fremont Technology Business Center LLC, a Delaware limited liability company, is the owner of the 814,852-square-foot shell building located at Fremont Technology Business Center of Pacific Commons. The tenant, UPS has submitted an application for the vacation of a portion of an EVAE on the property. The EVAE proposed for vacation was originally dedicated to the City of Fremont on Tract Map 8348, recorded on July 30, 2018 and encumbers the entire parcel with the exception of the existing building footprint (See Exhibit B).
On February 1, 2021, the Zoning Administrator approved a zoning administrator permit to allow the construction of ancillary corporation yard improvements. To fulfill the condition of approval of the zoning administrator permit, the developer is required to apply to the City for the vacation of a portion of the EVAE that is no longer needed.
DISCUSSION/ANALYSIS: California Streets and Highways Code (CSHC) Section 8333(c) allows for the summary vacation of an emergency vehicle access easement when “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City Staff has determined that the EVAE has been superseded by relocation, constitutes excess land, and is no longer needed by the City. Furthermore, there are no public facilities located within the easement.
Notification to Utility Companies: This is not applicable for subject easement vacation.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation 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).
Staff Report (ID # 4610) Meeting of May 17, 2022
Updated: 5/12/2022 2:34 PM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A - Location Map
• Exhibit B - Emergency Vehicle Access Easement Vacation • Draft Resolution Summarily Vacating a Portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway
RECOMMENDATIONS:
1. Find the action is exempt from CEQA review.
2. Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 5588 Cushing Parkway.