Fremont City Council Meeting: 09/01/26 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Property Acquisitions & Dispositions
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5801) DOC ID: 5801
Updated: 8/27/2026 9:14 AM by Alberto Quintanilla Page 1 Warm Springs Court Street Vacation - Public Hearing (Published Notice) and Adoption of a Resolution to Vacate a Remnant Portion of Warm Springs Court - 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 facilitate vacating a remnant portion of Warm Springs Court, reserving a public service 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 for a street right-of-way vacation for a 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 standard City permitting requirements and procedures.
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.
On July 21, 2026, the City Council approved an action to initiate the street vacation process and set a public hearing for September 1, 2026.
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.
Council Staff Report (ID # 5801) Meeting of September 1, 2026 Updated: 8/27/2026 9:14 AM by Alberto Quintanilla Page 2 The proposed vacation pertains to Warm Springs Court which was a portion 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.
All concerned utility companies have been notified and consent to the proposed vacation subject to reservation of a Public Service Easement (PSE) across the entire area. The PSE will benefit the City of Fremont, Union Sanitary District (USD), Alameda County Water District (ACWD), and Pacific Gas and Electric (PG&E) 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.
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 $112,000 which is the fair market value as determined by an independent third-party appraiser.
Notice of the City Council public hearing to consider vacating a remnant portion of Warm Springs Court 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 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 July 21st Council meeting.
Fiscal Impact: Disposition of City-owned land would result in proceeds of $112,000 to the City. California 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.
Council Staff Report (ID # 5801) Meeting of September 1, 2026 Updated: 8/27/2026 9:14 AM by Alberto Quintanilla Page 3 Environmental Review: The proposed vacation is 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. The vacation 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:
• Plat and Legal Description
• Draft Resolution-Warm Springs Court Street Vacation
Recommendations:
1. Conduct a public hearing.
2. Adopt a resolution that:
a. Orders the vacation of a portion of Warm Springs Court, reserving an easement over the entire area as depicted and described in the plat and legal description, and conditioned upon the City’s receipt of $112,000 payment for the fair market value of the area to be vacated;
b. Authorize the sale of the land and appropriate the sale proceeds of $112,000 into the General Fund;
c. Authorize the City Manager or designee to execute a grant deed conveying the area to be vacated as shown in the plat and legal description to 101 Realty Investment LLC, a California Limited Liability Company, or its successor(s) in interest at the fair market value of $112,000; and
d. Make findings, including findings of CEQA exemption.