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agenda-report VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption

Fremont City Council
July 19, 2022

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agenda-report VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption
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July 19, 2022
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Fremont City Council
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Fremont City Council Meeting: 07/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Engineering
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4655) DOC ID: 4655
Updated: 7/14/2022 8:10 AM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 39176 FREMONT BOULEVARD - Adopt a Resolution Summarily Vacating a Water Line Easement at 39176 Fremont Boulevard in Central Community Plan Area (PLN2022-00001) and Make Findings of CEQA Exemption
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 water line easement at 39176 Fremont Boulevard to support the construction of a mixed-use project located in the Central Community Plan Area.

BACKGROUND: MIG Real Estate, the property owner and developer of the project commonly known as Fremont Bank Residences, has applied for the vacation of a water line easement on their property. The water line easement proposed for vacation was originally dedicated to the City of Fremont on Parcel Map 10345, recorded on June 10, 2015. It is located near the south westerly corner of the property adjacent to Capitol Avenue (see Exhibits A and B).

On March 3, 2021, the City Council approved a discretionary design review to allow the construction of a six-story mixed-use building with 240 market-rate apartment units and approximately 6,300 square-feet of commercial area wrapped around a six-story parking garage. To fulfill a condition of approval of the discretionary design review and facilitate the development, the developer has applied to the City for the vacation of the water line easement.

DISCUSSION/ANALYSIS: California Streets and Highways Code, Section 8333(c) allows the City to summarily vacate a 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.” City staff have determined that the water line easement is no longer needed due to relocation, and there are no other public facilities located within the easement.

Notification to Utility Companies: All concerned utility companies have been notified and consented to the proposed vacation of the easement.

FISCAL IMPACT: None.

ENVIRONMENTAL REVIEW: The vacation of the water line easement is exempt from environmental review, as a minor alteration to land use limitations pursuant to CEQA Guidelines, Section 15305 (14 CCR § 15305).

Staff Report (ID # 4655) Meeting of July 19, 2022
Updated: 7/14/2022 8:10 AM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A - Legel Description for Water Line Easement Vacation • Exhibit B - Plat to Accompany Legal Description
• Draft Resolution Summarily Vacating Water Line Easement 39176 Fremont Blvd

RECOMMENDATION: Adopt resolution to vacate the water line easement at 39176 Fremont Boulevard on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.

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