Fremont City Council Meeting: 04/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5672) DOC ID: 5672
Updated: 4/2/2026 3:28 PM by Dina Lewis Page 1
LIBERTY STREET AND SUNDALE DRIVE VACATION - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate Portions of Liberty Street and Sundale Drive – 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 Summar y: The purpose of this report is to facilitate vacating portions of Liberty Street and Sundale Drive to support development of the Capital Development project located in the Central Fremont area.
BACKGROUND: RLS (Fremont) LLC, is the property owner and developer of the 12.29 -acre site located at 3440 Walnut Avenue, commonly known as Capital Development (“Developer”). On May 1, 2025, the Planning Commission approved Vesting Tentative Tract Map No. 8718 for the project, allowing development of 336 new multi -family residential homes consisting of 216 townhome-style condominium units and a 118 -unit affordable apartment building with two 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 City Council may initiate the proceedings to vacate these portions of excess right -of-way in accordance with Section 8320 of the Streets and Highways Code of the State of California.
The proposed vacations pertain to street right -of-way 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 associated with 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 associated with the approval of Parcel Map 3020, recorded on August 29, 1979.
The development project is located in the City Center, which is becoming more urban in character, with more intense infill development and redevelopment, particularly within a half mile of BART. Streets within the City Center typically feature trees, sidewalks, benches, plazas, public art, and other amenities that make the streets pedestrian friendly. The street vacation supports the City Center land use designation in that it creates a more pedestrian friendly environment and allows for th e design of Sundale Drive to now be more consistent with streets within the City Center, such as Liberty Street, Beacon Avenue, and State Street. Staff has determined these portions of Liberty Street and Sundale Drive (the “subject street portions ”) are no longer needed as part of a public street. All concerned Council Staff Report (ID # 5672) Meeting of April 7, 2026 Updated: 4/2/2026 3:28 PM by Dina Lewis Page 2
utility companies have been notified and consent to the proposed vacation and there are no requests for reservation of any public easements.
On December 4, 2025, the Planning Manager found that vacating the subject street portions conform with the General Plan as required by Streets and Highways Code Section 8313(a) of the State of California, Section 65402 of the Government Code, and Section 2.20.310(b) of the Fremont Municipal Code.
The title report indicates that the City of Fremont owns the portions of streets proposed to be vacated as street right -of-way easements. If the City Council approves the proposed vacation on April 7, 2026, no further action by the City will be required to dispose of the vacated portions of the streets.
Notice of the City Council public hearing to consider vacation of portions of Liberty Street and Sundale Drive were 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 street right -of-way to be vacated at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8320, 8322, and 8323. No new information regarding this proposed vacation has been received since the March 10, 2026, Council meeting.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The proposed 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 pursuant to 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
• Draft Resolution – Liberty Street and Sundale Drive Vacation
RECOMMENDATIONS:
1. Conduct a public hearing.
2. Adopt a resolution that vacates portions of Liberty Street and Sundale Drive as depicted and described in Exhibit B.
3. Make findings of CEQA exemption.