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 # 5449) DOC ID: 5449
Updated: 5/15/2025 2:14 PM by Dina Lewis Page 1
VACATION OF PUBLIC SERVICE EASEMENT AT 38889 BELL STREET - Adopt a Resolution Summarily Vacating an Electrolier Easement at 38889 Bell Street in the Central Community Plan Area; 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 the development of a 128-unit multifamily affordable housing project by vacating an electrolier easement that is no longer needed.
BACKGROUND: On November 20, 2018, the City Council approved a General Plan Amendment, Rezoning, and Discretionary Design Review Permit to allow the construction of a 128-unit multifamily affordable housing project commonly known as Bell Street Gardens Affordable Apartments, located at 38889 Bell Street. To facilitate the development, Bell Street Gardens L.P., the property owner and developer of the project, has submitted an application to the City for the vacation of a public electrolier easement on their property.
The electrolier easement proposed for vacation was originally dedicated to the City by a Grant of Easement recorded on July 20, 1973, in Book 3469, Page 124 of Official Records (Instrument Number 73-98685). 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and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 electrolier easement is no longer needed and there are no other public facilities located within the easement.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the electrolier 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 Summarily Vacating Electrolier Easement • Exhibit A-1 – Legal Description; Exhibit B-1 & B-2 – Plat Map
RECOMMENDATIONS:
Council Staff Report (ID # 5449) Meeting of May 20, 2025 Updated: 5/15/2025 2:14 PM by Dina Lewis Page 2
1. Adopt a resolution to vacate an Electrolier Easement at 38889 Bell Street on grounds the easement is no longer needed.
2. Find the action is exempt from CEQA review per CEQA Guidelines Section 15305, as the vacation of easements is considered a minor alteration to land use limitations that does not result in any land use or density changes.