Resolution 2026-XX Page 1 of 4
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF FREMONT
(1) ADOPTING THE POWER THE SOUTH BAY PROJECT
ENVIRONMENTAL IMPACT REPORT, PREPARED BY THE
CALIFORNIA PUBLIC UTILITIES COMMISSION (A.24-05- 014; SCH NO. 2024071095); ( 2) MAKING CERTAIN FINDINGS AS THE
RESPONSIBLE AGENCY FOR PURPOSES OF AND PURSUANT TO
THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970; AND ( 3) ADOPTING A RELATED
MITIGATION MONITORING AND REPORTING PROGRAM AND
CONSTRUCTION IMPACT MITIGATION PLAN, IN CONNECTION
WITH THE APPROVAL OF DISCRETIONARY ACTIONS BY THE
CITY NECESSARY FOR THE CONSTRUCTION AND OPERATION
OF THE POWER THE SOUTH BAY PROJECT
WHEREAS, the California Independent System Operator, a non-profit Independent System Operator that oversees the operation of California’s bulk electric power system, transmission lines, and electricity market generated and transmitted by its member utiliti es, selected LS Power Grid California, LLC (“LS Power”) to develop, construct, and own a high -voltage transmission line to improve the reliability of the electrical grid in the greater South Bay and is called the Power the South Bay Project (“Project”); and
WHEREAS, the Project will come through the southern part of Fremont via approximately 6 miles of 230 kV alternating current underground transmission lines that run from the Pacific Gas & Electric Company’s (“PG&E”) Newark substation then along Boyce Road, Cushing Parkway, and Fremont Boulevard (between Cushing Parkway and the southern City limit).; and
WHEREAS, the City of Fremont (“City”) will be considering proposed discretionary actions necessary to support the implementation of the Project within its jurisdiction, including an ordinance granting a franchise to LS Power pursuant to the California Franchise Act of 1937, Public Utilities Code Section 6201 et seq.; and
WHEREAS, approval of the Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related State and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, "CEQA"); and
WHEREAS, on March 19, 2026, the California Public Utilities Commission (“CPUC”), acting as the lead agency for the Project, approved and certified the Final Environmental Impact Report (“FEIR”), A.24-05- 014; SCH NO. 2024071095, evaluating the potential environmental effects of the development of the Project, in compliance with CEQA, the State CEQA Guidelines (California Code of Regulations §15000 et seq.), the Warren-Alquist Act, and California Code of Regulations, General Order 131-D and Rule 3.1 (for a C ertificate of Public Convenience and Necessity); and
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WHEREAS, the FEIR concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce those significant effects to a less-than-significant level; and
WHEREAS, pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097, when an agency adopts mitigation measures as part of a project approval, the agency is required to adopt a mitigation monitoring and reporting program to ensure compliance with those measures; and
WHEREAS, the CPUC, as Lead Agency, has adopted a Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City, as a Responsible Agency under CEQA, desires to approve the Mitigation Monitoring , Compliance and Reporting Program, and conditions of approval and applicable City permit processes will be incorporated into the Franchise Ordinance and/or subsequent encroachment permits and approvals; and
WHEREAS, LS Power will be responsible for implementing all applicable mitigation measures and applicant-proposed measures identified in the FEIR, as well as complying with City requirements for work within the public right-of-way; and
WHEREAS, prior to approving discretionary actions necessary to support the implementation of the Project within its jurisdiction, the City Council, deemed the decision- maker of the City as a Responsible Agency under CEQA, desires to make certain findings pursuant to Title 14 of the California Code of Regulations, Sections 15091 and 15096, promulgated under CEQA in connection with the reasonably foreseeable discretionary actions to be considered and taken by the City in connection with the implementation of the project within the City’s jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City has reviewed the information contained in the FEIR that is relevant to its approval of discretionary actions within the City’s jurisdiction necessary for City support of the design and construction of the Project as described in the FEIR prior to acting on the Franchise Ordinance.
SECTION 3. That the City has reviewed the CEQA Findings, and the City Council hereby determines and concludes all of the following:
a. The CPUC has identified, disclosed and adopted the mitigation measures recommended in the FEIR; and
b. The City retains its responsibility for mitigating or avoiding only the direct or
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indirect environmental effects of those parts of the Project which the City decides to implement, finance, or approve; and
c. The City Council has reviewed and considered the FEIR together with the related CEQA Findings and determines that the information and analyses contained in the FEIR, together with the related CEQA Findings, are adequate for its use as a decision-making body for a responsible agency and for its consideration of discretionary actions necessary to implement the Project within its jurisdiction; and
d. Approvals of the discretionary actions within the City are within the scope of the activities described and evaluated in the FEIR; and
e. The City has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect that the Project would have on the environment.
SECTION 4. That, therefore, based upon all of the foregoing, the City, as a Responsible Agency under CEQA, hereby approves the CPUC’s CEQA findings for the Project as its own findings under CEQA to the fullest possible extent that said CEQA findings are relevant to City’s decision to approve discretionary actions necessary to implement the Project within its jurisdiction.
SECTION 5. That the City Council was presented with, and has independently reviewed and analyzed the Final EIR and other information in the record and has considered the information contained therein, and has found that the FEIR represent the independent judgment of the City, as Responsible Agency for the Project, and designates the Community Development Department at 39550 Liberty Street, Fremont, CA 94538 as the custodian of documents and record of proceedings on which the decision of the City is based.
SECTION 6. That the significant environmental impacts identified in the FEIR will be mitigated through implementation of the mitigation measures identified in the FEIR.
SECTION 7. That the implementation and monitoring of the mitigation measures identified in the FEIR will be carried out by the CPUC as Lead Agency or by other agencies with jurisdiction, and that the City hereby adopts the Mitigation Monitoring, Compliance and Reporting Program for the Project.
SECTION 8 . The City Council therefore relies on the mitigation monitoring and reporting programs adopted by the CPUC as Lead Agency to ensure implementation of the mitigation measures identified in the Final Environmental Impact Report.
LOCATION AND CUSTODIAN OF RECORDS
The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Community Development Department at 39550 Liberty Street, Fremont, CA 94538.
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NOTICE OF DETERMINATION
BE IT FURTHER RESOLVED that the Director of Community Development or designee is hereby directed to prepare a Notice of Determination under CEQA and cause the same to be filed with the County Clerk of the County of Alameda promptly following the City's approval of any discretionary action related to the project.
ADOPTED ______________, 2026 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ __________________________________________ City Clerk City Attorney