Resolution 2023-XX Page 1 of 3 DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING A GENERAL VACATION OF A SURPLUS PORTION OF
WASHINGTON BOULEVARD BETWEEN ELLSWORTH STREET AND
BRYANT STREET IN THE MISSION SAN JOSE COMMUNITY PLAN AREA
WHEREAS, Streets and Highways Code Sections 8320 et seq., provide for the general vacation of streets or portions therefor, which are no longer needed for present or prospective public use; and
WHEREAS, the City is considering a general vacation of a portion of Washington Boulevard right-of-way (“Surplus Right-of-Way”) as depicted on Exhibit “A” (Plat and Legal Description), that is attached to this Resolution and incorporated herein; and
WHEREAS, Washington Boulevard was acquired by the City by deed recorded on October 13, 1972 ; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, a general vacation may be approved by the City Council if it finds that a street, or portion thereof, is unnecessary for present or prospective public use; and
WHEREAS, the City Council has considered the information contained in the staff report dated July 11, 2023 (the “Staff Report”) setting forth the reasons for the general vacation of the Surplus Right-of-Way, as well as all other information presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council, based upon the Staff Report and all other information submitted, makes the following findings and determinations:
A. On July 28, 2022, pursuant to Fremont Municipal Code Section 2.20.310(b), the Planning Commission found that the proposed vacation of a portion of Washington Boulevard is in conformance with the General Plan as required by Streets and Highways Code Section 8313 of the State of California and Section 65402 of the Government Code on July 28, 2022.
B. On June 6, 2023, the City Council scheduled this matter for a public hearing on July 11, 2023 .
C. Notice of the City Council public hearing to consider the vacation of a portion of Washington Boulevard was published for two consecutive weeks in the Tri-City Voice, and signs notifying the public of the public hearing were posted along the areas to be vacated Resolution 2023-XX Page 2 of 3 and reserved at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8322 and 8323.
D. On July 28, 2022, the Planning Commission approved a Vesting Tentative Tract Map 8487 to allow the development of a mixed-use condominium subdivision, commonly known as Mission Paradise, consisting of 13 residential units and 3,050 square -feet of commercial floor area. As a Condition of Approval, the developer is required to seek City Council approval for the City to vacate a portion of Washington Boulevard along the project frontage.
E. All concerned utility companies have been notified and consented to the proposed vacation with the condition that any existing public utilities will either be relocated at the developer’s expense or remain in place with appropriate easements on the final map.
F. The portion of Washington Boulevard proposed for vacation is unnecessary for present or prospective public use. The portion of Washington Boulevard proposed for vacation was dedicated to the City by deed recorded on October 13, 1972. The project site block of Washington Boulevard features curb line that is not in alignment with the blocks immediately to its east and west by approximately seven feet. The Mission Paradise development will relocate the curb line and the sidewalk along the project frontage on Washington Boulevard to be in alignment with the adjacent blocks. As such, the subject portion of Washington Boulevard is no longer necessary for future public use.
G. The portion of Washington Boulevard proposed for vacation would not be useful as a non-motorized transportation facility because the Mission Paradise development will relocate the sidewalk outside of the area to be vacated.
H. The vacation is categorically exempt from environmental review as a minor alteration in land use limitations pursuant to California Environmental 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.
SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8324 of the California Streets and Highways Code, the City Council hereby orders the vacation of the Surplus Right-of-Way as shown on Exhibit A, conditioned upon City receipt of a $35,000 payment for the fair market value of the area to be vacated.
SECTION 3. The City Council authorizes the City Manager or designee to execute the grant deed conveying the area to be vacated. The City Council directs that this Resolution of street vacation and the deed from the City conveying the vacated area be deposited into an informal escrow with the City and, upon the City Engineer’s determination that the City has received payment of Resolution 2023-XX Page 3 of 3 $35,000 for the area to be vacated, that the documents be recorded together at the office of the Alameda County Recorder in the following order:
A. Resolution of Street Vacation PLN2023-00087.
B. Deed conveying the vacated street to 6021 Wei Ying LLC or its successor in interest.
SECTION 4. The City Clerk shall cause a certified copy of this Resolution attested under seal, including Exhibit A, to be recorded in the office of the County Recorder of Alameda County and return one copy each to the Planning Division of the Community Development Department and the Engineering Division of the Public Works Department for their respective files.
SECTION 5. The Surplus Right-of-Way described in Exhibit A will no longer constitute a public street from and after the date of recordation of this Resolution.
ADOPTED ___________, 2023 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