Fremont City Council Meeting: 07/11/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4952) DOC ID: 4952
Updated: 7/5/2023 11:00 AM by Susan Gauthier Page 1
WASHINGTON BOULEVARD STREET VACATION - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate a Portion of Washington Boulevard Located Near Ellsworth Street – PLN2023-00087 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 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 is currently used as a sidewalk, approximately 200 feet in length and 7 feet in width, and 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/sidewalk and is unnecessary for present or prospective public use. A relocated sidewalk along Washington Boulevard will be constructed as a condition of the Mission Paradise development.
On July 28, 2022, the Planning Commission approved a 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 area. As a Condition of Approval, the City required the Developer to apply to the City for general vacation of the portion of Washington Boulevard along the project frontage and to relocate the sidewalk. On June 6, 2023, the City Council approved an action to initiate the street vacation process and set a public hearing for July 11, 2023.
DISCUSSION/ANALYSIS: The City Council may initiate the proceedings to vacate portions of excess right-of-way in accordance with Section 8320 of the Streets and Highways Code of the State of California.
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 Streets and Highways Code Section 8313 of the State of California 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 easements.
Council Staff Report (ID # 4952) Meeting of July 11, 2023 Updated: 7/5/2023 11:00 AM by Susan Gauthier Page 2
The title report indicates that the City of Fremont owns the underlying fee interest of the area proposed to be vacated. The 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.
Notice of the City Council public hearing to consider vacation of a portion of Washington Boulevard was published in the Tri-City Voice for two consecutive weeks prior to the hearing, and signs notifying the public of the public hearing were posted along the right of way to be vacated at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8322 and 8323. No new information regarding this proposed vacation has been received since the June 6, 2023 Council meeting.
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 the 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 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.
ATTACHMENTS:
• 2023.07.11 - Draft Resolution, Washington Boulevard General Vacation (Final) • Exhibit A – Plat & Legal Description
RECOMMENDATIONS:
1. Conduct a public hearing.
2. Adopt a resolution that:
a. Orders the vacation of a portion of Washington Boulevard as depicted and described in Exhibit A, and conditioned upon the City’s receipt of a $35,000 payment for the fair market value of the area to be vacated;
b. Authorizes the sale of the land;
c. Authorizes the City Manager or designee to execute a grant deed conveying the area to be vacated as shown in Exhibit A to 6021 Wei Ying LLC, a California Limited Liability Company, or its successor(s) in interest at the fair market value of $35,000; and
d. Makes findings, including findings of CEQA exemption.
3. Direct staff to recognize the sale proceeds as revenue in the General Fund.