DRAFT
RESOLUTION NO. 20XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING A GENERAL VACATION OF SURPLUS
PORTIONS OF LIBERTY STREET AND SUNDALE DRIVE IN THE
CENTRAL COMMUNITY PLAN AREA.
WHEREAS, Streets and Highways Code Sections 8320 et seq., provide for the general vacation of streets and street easements; and
WHEREAS, the City of Fremont (“City”) is considering a general vacation of portions of Liberty Street and Sundale Drive right-of-way (“Property”) as depicted on Exhibits “A and B” (Plat and Legal Description) to this Resolution; and
WHEREAS, Liberty Street was dedicated to the City with the approval of Parcel Map 3670, recorded on February 16, 1982; and Sundale Drive was dedicated to the City with the approval Parcel Map 3020, recorded on August 29, 1979; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, a general vacation may be ordered 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 April 7, 2026 (the “Staff Report”) submitted by the City Manager to the City Council 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 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 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.
B. 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.
C. On March 10, 2026, the City Council scheduled this matter for April 7, 2026 hearing.
D. Notice of the City Council public hearing to consider the vacation of portions of Liberty Street and Sundale Drive 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 and reserved at least two consecutive weeks prior to the hearing in conformance with Streets and Highways Code Sections 8320, 8322 and 8323.
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 portions of Liberty Street and Sundale Drive proposed for vacation are unnecessary for present or prospective public use for reasons stated in this Resolution and in the Staff Report.
G. The portions of Liberty Street and Sundale Drive proposed for vacation would not be useful as a non-motorized transportation facility because the Capital Development will relocate the sidewalks 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 May 1, 2025 Planning Commission staff report, the project, including the proposed vacations, are categorically exempt pursuant to CEQA Guidelines Section 15183 and 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, 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.
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 Exhibits A and B.
SECTION 3. The City Clerk shall cause a certified copy of this Resolution attested under seal, including Exhibits A and B, 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 4. The Surplus Right-of-Way described in Exhibits A and B will no longer constitute a public street from and after the date of recordation of this Resolution.
ADOPTED April 7, 2026, by the City Council of the City of Fremont by the following
vote:
AYES: Click here to enter text.
NOES: Click here to enter text.
ABSENT: Click here to enter text.
ABSTAIN: Click here to enter text.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney