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 # 5447) DOC ID: 5447
Updated: 5/15/2025 2:07 PM by Dina Lewis Page 1
VACATION OF EASEMENT AT 39180 LIBERTY STREET - Adopt a Resolution Summarily Vacating a Public Utility Easement at 39180 Liberty Street in the Downtown Community Plan Area (PLN2025-00048) and Make Findings of CEQA Exemption.
Contact Persons:
Name: Homira Shafaq Hans Larsen
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to summarily vacate a public utility easement that is no longer needed.
BACKGROUND: The property owner of 39180 Liberty Street has submitted an application for the vacation of a public utility easement that is not-to-exceed and is in conflict with an existing building on their site. The public utility easement proposed for vacation was originally dedicated to the City by Parcel Map 1851, recorded on March 18, 1976. The vacation shall be effective immediately with the recordation of the resolution of vacation.
DISCUSSION/ANALYSIS: California Streets and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 public utility easement is no longer needed 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 public utility easement.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the public utility 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 that does not result in any land use or density changes.
ATTACHMENTS:
• Draft Resolution Summarily Vacating Public Utility Easement • Exhibit A – Legal Description; Exhibit B – Plat Map
RECOMMENDATIONS:
1. Adopt a resolution to vacate a portion of a public utility easement at 39180 Liberty Street on grounds the easement is no longer needed.
Council Staff Report (ID # 5447) Meeting of May 20, 2025 Updated: 5/15/2025 2:07 PM by Dina Lewis Page 2
2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of access easements is considered a minor alteration in land use limitations that does not result in any land use or density changes.