Fremont City Council Meeting: 03/10/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Private Development Projects
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5651) DOC ID: 5651
Updated: 3/6/2026 8:28 AM by Dina Lewis Page 1
LIBERTY STREET AND SUNDALE DRIVE VACATION - Initiation of a Proceeding to Vacate Portions of Liberty Street and Sundale Drive and Set a Public Hearing on April 7, 2026 at 7:00 PM – PLN2026-00034; Make Findings of CEQA Exemption Contact Persons:
Name: Jian Huang Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4733 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the process for vacating portions of Liberty Street and Sundale Drive to support the Capital Development project.
The project plans to construct 336 new housing units, including 118 affordable units.
BACKGROUND: RLS is the property owner and developer of the 12.29 acre site located at 3440 Walnut Avenue, commonly known as Capital Development (“the Project”). On May 1, 2025, the Planning Commission approved a Vesting Tentative Tract Map No. 8718 for the Project, which consists of 336 new multi-family residential homes consisting of 216 townhome-style condominium units and a 118-unit affordable apartment building with 2 manager units. As a Condition of Approval, the City required the developer to seek vacation of portions of Liberty Street and Sundale Drive along the Project frontages.
DISCUSSION/ANALYSIS:
The proposed vacation pertains to street easements dedicated to the City. The portion of Liberty Street to be vacated was dedicated to the City as part of the requirement for construction of public street improvements for the approval of Parcel Map 3670, recorded on February 16, 1982. The portion of Sundale Drive to be vacated was dedicated to the City as part of the requirement for construction of public street improvements for the approval of Parcel Map 3020, recorded on August 29, 1979. Staff has determined that the street segments proposed for vacation are no longer needed as a public street. All concerned utility companies have been notified and consent to the vacation, and there are no requests for reservation of any public easements. The portions of the streets to be vacated are shown in Exhibit A (Location Map) and Exhibit B (Plat and Legal Description) and are attached to this report.
On December 4, 2025, the Planning Manager found that the proposed vacation conforms with the General Plan as required by California Streets and Highways Code Section 8313 (a) and meets the requirements of Government Code Section 65402 and Fremont Municipal Code Section 2.20.310 (b).
The merits of the proposed vacations are not presently before the City Council; rather, the Council is being asked to initiate proceedings for consideration of the vacation in accordance with Section 8320 of California Streets and Highways Code. Upon adoption of a motion Council Staff Report (ID # 5651) Meeting of March 10, 2026 Updated: 3/6/2026 8:28 AM by Dina Lewis Page 2
initiating general vacation proceedings, the item will return to Council on April 7, 2026 for a public hearing and adoption of a resolution approving the vacation.
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 the public hearing for April 7, 2026, at 7:00 PM (not less than 15 days from the Council’s adoption of motion initiating proceedings) to consider the proposed street vacation, and to publish notice of said hearing in accordance with Streets and Highways Code Sections 8320 and 8322; and
(2) The Public Works Department to post notice of the public hearing pursuant to Streets and Highways Code Sections 8320 and 8323.
(3) At the Council meeting of April 7, 2026, staff will recommend that the Council hold a public hearing and adopt a resolution approving the proposed street vacations.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The proposed street vacations are categorically exempt from environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305, because the action is considered a minor alteration to land use limitations that does not result in any land use or density changes. Furthermore, as detailed in the May 1, 2025 Planning Commission staff report, the project, including the proposed vacations, are categorically exempt under CEQA Guidelines Section 15183 and Section 15163, as projects consistent with a Community Plan or Zoning. The project is consistent with the land use envisioned for the site as established by the General Plan and for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and none of the conditions that would require the preparation of a supplement to an EIR are present.
ATTACHMENTS:
• Exhibit A-Location Map
• Exhibit B - Plat and Legal Description
RECOMMENDATION: Adopt motion initiating a general vacation proceeding pertaining to the subject property and direct the City Clerk to set a Public Hearing on April 7, 2026 at 7:00 PM and provide public notice as required by law.