DRAFT
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO. 8596, ACCEPTING THE OFFER S OF DEDICATION
IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING THE
EXECUTION OF IMPROVEMENT AGREEMENTS FOR TRACT 8596
WHEREAS, the City of Fremont (“City”) Planning Commission approved the Tentative Tract Map 8596 for the 1.12-acre property located at 43401 Ellsworth Street in the Mission San Jose Community Plan Area (“Project”), subject to certain Conditions of Approval (“Conditions) on October 13, 2022; and
WHEREAS, staff has reviewed the final subdivision map for Tract No.8596 ("Final Map") and finds it is technically correct and geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8596 – Ellsworth Mixed Use, City of Fremont, Alameda County, California”; and
WHEREAS, the Developer has submitted “Improvement Plans – Tract 8596, City of Fremont, Alameda County, California,” which that describe construction of the public improvements (Ellsworth Street, Grove Avenue, and Bryant Street) and private improvements required by the Conditions, including construction of private streets (Festas Common and Velas Common); and
WHEREAS, Robson Homes, LLC. (“the Developer”) has executed a Public Improvement Agreement for Tract 8596, agreeing to construct all public improvements required by the Conditions, including those described by the Improvement Plans, and has posted security guaranteeing completion of the public improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $688,000.00 and a labor and material bond in the amount of $688,000.00; and
WHEREAS, the Developer has executed a Private Improvement Agreement for Tract 8596, agreeing to construct all private improvements required by the Conditions, including those described by the Improvement Plans, and has posted security guaranteeing completion of the private improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $1,270,000 and a labor and material bond in the amount of $1,270,000; and
WHEREAS, staff have reviewed the Final Map, the Improvement Plans, and the Improvement Agreements, and finds that the Final Map conform to the requirements of the Subdivision Map Act (California Government Code Sections 66410, et seq.), the City's Subdivision Ordinance (Fremont Municipal Code, Title 17), and the Conditions; and
WHEREAS, the Final Map includes offers of dedication of interests in real property to the City, including but not limited to easements as shown on the Final Tract Map 8596; and
WHEREAS, the Developer has paid all fees required by the Conditions for processing of the Final Map; and
WHEREAS, the Final Map is statutorily exempt from the California Environmental Quality Act (CEQA) Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial Projects, Approval of Final Subdivision Maps, and a Notice of Exemption will be filed with the Alameda Sacramento County Recorder after the filing of the Final Map.is map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:
1. The City Council approves the Final Map for Tract 8596, a copy of which is on file with the City Engineer, which map is incorporated by reference and made a part of this Resolution.
1.2. Final Map is hereby approved, and Tthe City Council authorizes and directs the City Clerk is authorized and directed to certify the City Council’s approval this fact on the face of the Final Map and to file said map with the Alameda County Recorder.
2. The City Council finds the Final Map is statutorily exempt from the California Environmental Quality Act (CEQA), Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268(b)(3) Ministerial projects, Approval of Final Subdivision Maps, and the City Clerk is authorized and directed to file the Notice of Exemption with the Alameda County Recorder.
3. The City Council approves The Improvement Plans are hereby approved.
4. All offers of dedication of interests in real property made to the City and identified on the Final Map (whether by fee, easement, right-of-way, or otherwise) are accepted by the City; provided, however, to the extent offers of dedication are for interests in real property on which the Developer is required to construct public improvements, the City's acceptance shall be conditioned upon the City Engineer's acceptance of the public improvements as complete.
5. The City Manager or designee is authorized to execute the required improvement agreements for Tract 8596.
ADOPTED 2026, by the City Council of the City of Fremont by the following vote, to wit:
AYES:
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NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Sr. Deputy City Attorney II
City Attorney