Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5450) DOC ID: 5450
Updated: 5/15/2025 2:22 PM by Dina Lewis Page 1
VACATION OF A PORTION OF GROVE AVENUE - Adopt a Resolution Summarily Vacating a Portion of Grove Avenue Adjacent to 43401 Ellsworth Street; Make Findings 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 Grove Avenue to support development of the Ellsworth Mixed Use project in Council District 5.
BACKGROUND: On October 13, 2022, the Planning Commission approved a Discretionary Design Review, Private Street, and Vesting Tentative Tract Map 8596 to allow a mixed-use development with approximately 4,581 square feet of commercial space and 12 residential units at 43401 Ellsworth Street in the Mission San Jose Community Plan Area, commonly known as Ellsworth Mixed Use. To fulfill conditions of approval for the project, Robson Homes, LLC, the property owner and developer of the project, has submitted an application for the vacation of a roadway easement on Grove Avenue along their frontage.
The subject property and the surrounding parcels were created prior to the City’s incorporation in 1956. The roadways were acquired by the County of Alameda by dedication on the map entitled Map of the Town of Mission San Jose, Survey Map 1868 and recorded in Book 6, Page 17 of maps in the Alameda County Official Records. Upon incorporation, the City acquired the roadways. The vacation shall be effective immediately with the recordation of the resolution of vacation.
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.” The area to be vacated is currently unimproved and is not required for street purposes as the remaining right-of-way is sufficient to accommodate the roadway. City staff have determined that the unused roadway easement is no longer needed for present or prospective roadway use, and there are no other public facilities located within the easement. The property owner holds fee ownership to this portion of Grove Avenue.
Therefore, upon recordation of the resolution of vacation, this portion of Grove Avenue would no longer be encumbered by a roadway easement and would revert to the fee owner.
Notification to Utility Companies: All concerned utility companies have been notified and consented to the proposed vacation of the easement.
General Plan Finding: In accordance with City Council Resolution No. 9216, a General Plan conformity finding by the Planning Commission is not required as the proposed vacation is a minor disposition of right-of-way. Furthermore, the proposed vacation would not conflict Council Staff Report (ID # 5450) Meeting of May 20, 2025 Updated: 5/15/2025 2:22 PM by Dina Lewis Page 2
with any General Plan policies and Grove Avenue would be in conformity with its designation as a minor residential street.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the roadway easement is exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15305, because the action is considered a minor alteration to land use limitations which does not result in any land use or density changes.
ATTACHMENTS:
• Draft Resolution- Grove Vacation
• Exhibit A & B – Legal Description & Plat Map
RECOMMENDATIONS:
1. Adopt a resolution to summarily vacate a portion of Grove Avenue adjacent to 43401 Ellsworth Street.
2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration in land use limitations which does not result in any land use or density changes.