Fremont City Council Meeting: 02/03/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5619) DOC ID: 5619
Updated: 1/30/2026 8:49 AM by Alberto Quintanilla Page 1 VACATION OF EASEMENT AT 44235 NOBEL DRIVE - Adopt a Resolution Summarily Vacating a Portion of a Storm Drain Easement at 44235 Nobel Drive in the Bayside Industrial Community Plan Area (PLN2025-00092) and Make Findings of CEQA Exemption.
Contact Persons:
Name: Yiu Kei Louie Hans Larsen
Title: Engineer II (Civil) Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4727 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the construction of tenant improvements at a one-story commercial building at 44235 Nobel Drive located within the Bayside Industrial Community Plan Area by vacating a portion of a storm drain easement that is no longer needed.
BACKGROUND: EWA Fremont 44235 Owner, LLC, the property owner and developer of the project, has submitted an application to vacate a portion of a storm drain easement on the property. The easement proposed for vacation was originally dedicated to the City on Parcel Map 7077, recorded on May 20, 1997 and is located behind an existing commercial building (see Exhibit B).
On July 18, 2024, the City of Fremont issued a building permit to allow the construction of tenant improvements at the site, which required a portion of an existing public storm drainage pipe to be relocated. The developer has provided a grant deed for a new storm drain easement to match the realignment. The original easement, where the storm drainage pipe was previously located, is no longer needed.
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and Highways Code Section 8330 – 8334.5 allows the City to summarily vacate a public service easement when it is “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”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 storm drain 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 easement.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The vacation of the Storm Drain 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.
Council Staff Report (ID # 5619) Meeting of February 3, 2026 Updated: 1/30/2026 8:49 AM by Alberto Quintanilla Page 2 ATTACHMENTS:
• Draft Resolution Summarily Vacating a Storm Drain Easement • Exhibit A – Legal Description
• Exhibit B – Plat Map
RECOMMENDATIONS:
1. Adopt resolution to vacate a portion of the storm drain easement at 44235 Nobel Drive in Fremont 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.