Fremont City Council Meeting: 06/06/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4918) DOC ID: 4918
Updated: 6/1/2023 8:31 AM by Alberto Quintanilla Page 1 WASHINGTON BOULEVARD STREET VACATION - Initiation of a Proceeding to Consider Vacation of a Portion of Washington Boulevard Near Ellsworth Street and Set a Public Hearing on July 11, 2023 at 7:00 PM.
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 initiate the process for vacating a portion of Washington Boulevard to support development of the Mission Paradise project located in Council District 5.
BACKGROUND: The business entity known as “6021 Wei Ying LLC” is the property owner and developer of the 0.66-acre site located at 270 Washington Boulevard, commonly known as Mission Paradise (“Developer”). Developer has requested the vacation of a portion of Washington Boulevard near Ellsworth Street (see Exhibit A). The portion of Washington Boulevard to be vacated was acquired by the City by deed recorded on October 13, 1972.
Staff has determined this portion of Washington Boulevard is no longer needed as a public street.
On July 28, 2022, the Planning Commission approved Vesting Tentative Tract Map 8487 to allow the development of Mission Paradise, a mixed-use condominium subdivision consisting of 13 residential units and 3,050 square-feet of commercial condominium floor space. As a Condition of Approval, the City required the Developer to apply to the City for general vacation of a portion of Washington Boulevard along the project frontage.
DISCUSSION/ANALYSIS: The merits of the proposed vacation are not presently before the City Council; rather, the Council is being asked to initiate proceedings for the proposed general vacation in accordance with Section 8320 of California Streets and Highways Code.
Upon adoption of a motion initiating general vacation proceedings, the item will be noticed and set for public hearing before the Council not less than 15 days form the Council’s adoption of the motion initiating the proceedings.
On July 28, 2022, the Planning Commission found that the proposed vacation of a portion of Washington Boulevard is in conformance with the General Plan, as required by Section 8313 of the Streets and Highways Code and Section 65402 of the Government Code.
All concerned utility companies have consented to the proposed vacation and have not made a request for reservation of any public street easements.
The title report indicates that the City owns the underlying fee interest of the street area proposed to be vacated, which the City may sell to another party in the manner approved Council Staff Report (ID # 4918) Meeting of June 6, 2023 Updated: 6/1/2023 8:31 AM by Alberto Quintanilla Page 2 by the Council. Developer has agreed to acquire the vacated right-of-way for $35,000, which is the fair market value as determined by an independent third-party appraiser.
Following the City Council’s initiation of the proceedings, the matter will return to Council for determination at a duly noticed public hearing. In accordance with statutory requirements, staff will take the following steps to complete the general street vacation process and bring the item back to Council for action:
(1) The City Clerk to set a public hearing for July 11, 2023, at 7:00 PM, to consider the proposed vacation, and to publish notice of said hearing pursuant to Streets and Highways Code Sections 8320 and 8322; and
(2) The Public Works Department to post notice of hearing along the line of the street to be vacated (no more than 300 feet apart, and at least three notices to be posted) pursuant to Streets and Highways Code Sections 8320 and 8323.
(3) At its meeting on July 11, 2023, the City Council will be asked to hold the public hearing and to consider a resolution vacating a portion of Washington Boulevard.
FISCAL IMPACT: The sale and transfer of the vacated portion of Washington Boulevard would result in proceeds of $35,000 being paid to the City. Streets and Highways Code Section 8357 specifies that the purchase price shall be credited to any fund available for the same purposes for which the property being vacated was used. Proceeds from this sale will be credited to the General Fund.
ENVIRONMENTAL REVIEW: The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environm ental Quality Act (CEQA) Guidelines Section 15305. Furthermore, as detailed in the July 28, 2022 Planning Commission staff report, the project, including the proposed vacation, is categorically exempt pursuant to CEQA Guidelines Section 15332, Infill Development Projects, and not subject to further environmental review pursuant to CEQA Guidelines Section 15183 since the project is consistent with the development density and intensity established by a community plan, general plan or zoning for which an EIR was previously certified.
ATTACHMENTS:
• Exhibit A - Plat and Legal Description
RECOMMENDATION: By motion, initiate a general vacation proceeding pertaining to a portion of Washington Boulevard near Ellsworth Street, and directing the City Clerk to set a Public Hearing on July 11, 2023, at 7:00 PM.