Fremont City Council Meeting: 01/10/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4773) DOC ID: 4773
Updated: 1/5/2023 12:17 PM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 44408 PACIFIC COMMONS BOULEVARD - Adopt a Resolution Summarily Vacating a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard in Bayside Industrial Community Plan Area (PLN2022-00397) and Make Finding of CEQA Exemption.
Contact Persons:
Name: Kenneth Nagar Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4732 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 44408 Pacific Commons Boulevard to support the construction of exterior equipment improvements for Bloom Energy located in the Bayside Industrial Community Plan Area.
BACKGROUND: Pacific Commons Owner, LP, a Delaware limited partnership is the owner of the 163,018-square-foot shell building located at Pacific Commons South. The tenant, Bloom Energy has applied 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 except for the existing building footprint (see Exhibit A and B to the Resolution).
On February 3, 2022, the City of Fremont issued a Building permit to allow the construction of interior improvements and exterior improvements including a rear equipment yard and canopy structure. To fulfill the condition of approval prior to Building Occupancy, the developer has applied for vacation of a portion of the EVAE that is no longer needed.
DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8333 (c) allows for the summary vacation of an emergency vehicle access easement when “the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” City staff has determined that the EVAE has been superseded by relocation, constitutes excess land, and is no longer needed by the City.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, as there are no utility facilities located within the easement.
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).
Council Staff Report (ID # 4773) Meeting of January 10, 2023 Updated: 1/5/2023 12:17 PM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Exhibit A and B – Emergency Vehicle Access Easement Vacation • Draft Resolution Vacation of Easement at 44408 Pacific Commons Blvd
RECOMMENDATION: Adopt resolution to vacate a portion of the Emergency Vehicle Access Easement at 44408 Pacific Commons Boulevard.