Fremont City Council Meeting: 09/06/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4692) DOC ID: 4692
Updated: 8/31/2022 4:14 PM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 43477 BRYANT STREET - Adopt a Resolution Summarily Vacating a Roadway Easement at 43477 Bryant Street in the Mission San Jose Community Plan Area (PLN2019-00020), and Make Findings of CEQA Exemption
Contact Persons:
Name: Lester Aquino Hans Larsen
Title: Civil Engineer I Public Works Director
Div/Dept: Public Works Public Works
Phone: (510) 494-4762 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate vacating a roadway easement at 43477 Bryant Street to support the construction of a single-family dwelling located in the Mission San Jose Community Plan Area.
BACKGROUND: Kuokuei Hsieh and Hsien Ching Huang, the property owners and developers of the project commonly known as Hsieh Single Family Dwelling, have submitted an application for the vacation of a roadway (street) easement on their property. The roadway easement proposed for vacation was dedicated to the City in 1956 when the City incorporated, and the subject property and the surrounding parcels were created prior to the City’s incorporation. The street was acquired by the County of Alameda by dedication on the map entitled Tract 1223 recorded in book 33, page 62 of maps in the Alameda County Official Records. It is located along the Bryant Street frontage (see attached Resolution, Exhibit A).
On September 15, 2017, the Community Development Department approved a Ministerial Design Review to allow the construction of a 3,250 square foot two-story home at 43477 Bryant Street. To fulfill a condition of approval of the Ministerial Design Review and facilitate the development, the developer has applied to the City for the vacation of the roadway easement.
DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8334 allows the City to summarily vacate excess right-of-way when it is “not required for street or highway purposes.” In this case, the area to be vacated is not required for street purposes as the remaining right-of-way is sufficient to accommodate the roadway, which in its current condition meets City standards. Staff has determined that the approximately 791 square feet of unused right-of-way adjacent to 43477 Bryant Street is excess and no longer needed for present or prospective roadway use.
Notification to Utility Companies: There are no known public facilities or utilities located within the area to be vacated. All concerned utility companies have been notified regarding the proposed vacation. A separate six-foot wide public service easement will be dedicated along the frontage by a separate instrument to accommodate any future installations behind the right-of-way.
Staff Report (ID # 4692) Meeting of September 6, 2022
Updated: 8/31/2022 4:14 PM by Alberto Quintanilla Page 2 General Plan Consistency: In accordance with Fremont Municipal Code Section 2.20.310(b) and Government Code Section 65403, the planning agency of the City has determined that the proposed roadway easement vacation would conform to the policies of the General Plan as more fully described in the attached Memorandum titled “General Plan Conformity Finding.”
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the roadway easement is categorically exempt from environmental review, as a minor alteration in land use limitations pursuant to CEQA Guidelines Section 15305 (14 CCR § 15305).
ATTACHMENTS:
• Exhibit A - Legal Description and Plat for Roadway Easement Vacation • Memorandum - General Plan Conformity Finding
• Draft Resolution - Bryant Street Vacation
RECOMMENDATION: Adopt resolution to vacate the roadway easement at 43477 Bryant Street on grounds the easement is no longer needed, and to find that the action is exempt from environmental review under CEQA Guidelines, Section 15305.