Fremont City Council Meeting: 07/21/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5791) DOC ID: 5791
Updated: 7/15/2026 3:26 PM by Alberto Quintanilla Page 1 Warm Springs Court Street Vacation - Initiation of a Proceeding to Vacate a Remnant Portion of Warm Springs Court and Set a Public Hearing on September 1, 2026 at 7:00 PM – PLN2024-00163; Make Findings of CEQA Exemption.
Contact Persons:
Name: Homira Shafaq Matt Cano
Title: Associate Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: (510) 494-4780 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to initiate the process for vacating a remnant portion of Warm Springs Court but reserving an easement over the entire area.
Background: 101 Realty Investment LLC, property owner and developer of the 1.10-acre site located at 2066 Warm Springs Court, has submitted an application requesting a street right-of-way vacation for a 9,610 square foot portion of Warm Springs Court. The applicant seeks to use the area to expand the commercial viability of 2066 Warm Springs Court by taking an unused and underdeveloped area of land and adding site amenities such as parking to support the businesses on site. No formal application for redevelopment of the subject area is proposed at this time; however, any future development projects would be subject to the typical City permitting requirements and procedures.
Discussion/Analysis: Warm Springs Court is a remnant of the historic Irvington–Warm Springs Road, one of the primary late-19th and early-20th-century routes connecting the former townships of Irvington and Warm Springs prior to Fremont’s 1956 incorporation. The corridor also overlapped with early alignments associated with pre-1964 State Highway No. 17, which once passed through the Warm Springs area before being replaced by the modern interstate system. The general area was previously reserved for a widening effort of Warm Springs Boulevard (PWC8498). The street widening has since been completed and an underdeveloped section of public right-of-way adjacent to Warm Springs Boulevard was left remaining.
Staff has determined this portion of Warm Springs Court is no longer needed as a public street.
Council Staff Report (ID # 5791) Meeting of July 21, 2026 Updated: 7/15/2026 3:26 PM by Alberto Quintanilla Page 2 All concerned utility companies have been notified and consent to the proposed vacation subject to a permanent easement reservation across the entire area for the benefit of Pacific Gas and Electric (PG&E), Union Sanitary District (USD), and the City of Fremont for the construction and maintenance of existing utilities, ingress and egress, and for the area to be kept open and free of buildings, structures, wells or other obstructions.
On April 1, 2026, the Planning Manager found that vacating the subject street portion conforms 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 merits of the proposed vacation is 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 initiating general vacation proceedings, the item will return to Council on September 1, 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 September 1, 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. Notices along the street will be placed no more than 300 feet apart, with a minimum of 3 notices posted overall.
(3) At its meeting on September 1, 2026, staff will recommend that the Council hold a public hearing and consider adoption of a resolution approving the proposed street vacations.
Fiscal Impact: Disposition of City-owned land would result in proceeds of $112,000 to the City. California Streets and Highways Code Section 8357 Council Staff Report (ID # 5791) Meeting of July 21, 2026 Updated: 7/15/2026 3:26 PM by Alberto Quintanilla Page 3 specifies that the purchase price be credited to any fund available for the same purposes for which the property being vacated was used.
Environmental Review: The present action to initiate proceedings for consideration of the vacation is not subject to CEQA as the activity is not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378. CEQA Guidelines Section 15378(b)(5) specifically clarifies that administrative activities of governments that will not result in direct or indirect physical changes in the environment are not included in the definition of a “project” as contemplated by CEQA. Furthermore, pursuant to CEQA Guidelines Section 15061(b)(3), the present action is exempt from CEQA under the “common sense exemption” in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
ATTACHMENTS:
• Plat and Legal Description
Recommendation: Adopt a motion initiating a general vacation proceeding pertaining to the subject property and direct the City Clerk to set a Public Hearing on September 1, 2026, at 7:00 PM and provide public notice as required by law.