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Attachment 1
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
ORDERING THE CONDITIONAL VACATION OF THE EXISTING PUBLIC STREET
KNOWN AS FAIRMONT AVENUE, BETWEEN CASTRO STREET AND HOPE STREET,
AND A FIVE-FOOT STREET AND UTILITY EASEMENT THEREON
BE IT RESOLVED by the City Council of the City of Mountain View:
Section 1. Findings.
a. On March 24, 2026, the City Council adopted Resolution No. 19077, Series 2026, pursuant to the provisions of Part 3 of Division 9 (Section 8300 through 8374) of the Streets and Highways Code of the State of California (Public Streets, Highways, and Service Easements Vacation Law), declaring the City’s intention to conditionally vacate a portion of the public street and easement known as Fairmont Avenue between Castro Street and Hope Street and a five -foot street and utility easement thereon. Together, the public street and easement to be conditionally vacated are referred to herein as the “Street Vacation Area” and are more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by reference.
b. By Resolution No. 19077, the City Council set April 28, 2026, at 6:30 p.m., as the date and time for hearing all persons interested in or objecting to the proposed vacation and directed the City Clerk to give notice of said hearing in the manner prescribed by law.
c. On April 28, 2026, the City Council held a duly noticed public hearing on the proposed vacation and received public comment and evidence bearing upon the present and prospective use of the public street and easement.
d. The vacation of the Street Vacation Area is necessary for the development of the proposed housing development project on a 1.43-acre site at 843-903 Castro Street, 700 West El Camino Real and 750 Fairmont Avenue (“PROJECT SITE”) pursuant to the Planned Unit Development Permit and Development Review Permit (PL- 6753) to construct an eight-story, mixed -use development with 140 residential condominium units, 9,743 square feet of ground- floor commercial space, and two levels of below -grade parking, utilizing State Density Bonus Law, replacing existing commercial properties and four residential units, a Provisional Use Permit to allow residential uses (on upper floors only) along the Castro Street frontage, a Heritage Tree Removal Permit to remove seven Heritage trees, and a Vesting Tentative Map for condominium purposes (“PROJECT”).
e. Because the street and easements will remain in use until specified times, no portion of the Street Vacation Area shall be vacated until certain conditions are satisfied as described in this Resolution.
f. These public street and easement vacation actions are conducted under the general vacation procedures of the Public Streets, Highways, and Service Easements Vacation Law, California Streets and Highways Code Sections 8300, et seq.
Section 2. Street Vacation and Conditions.
a. The City Council finds and determines that the location, purpose and extent of the vacation of the public street and easement described and depicted in Exhibit A is in conformity with the adopted General Plan of the City.
b. The City Council finds and determines that, based on all the evidence submitted, the public street and easement described and depicted in Exhibit A are unnecessary for present and prospective public uses, subject to the conditions described in this Resolution.
c. The City Council hereby orders that the said public street and easement described herein be, and the same are hereby, vacated, subject to the conditions described in this Resolution and the reservation of easement in Section 3, below.
d. The City Council, in accordance with Streets and Highways Code Section 8324(b), determines and directs that this Resolution shall not be effective or recorded until the following conditions have been satisfied:
1) The existing Pacific Gas and Electric (“ PG&E”) gas and electric utilities on Fairmont Avenue, between Castro Street and Hope Street, have been removed or relocated under approved plans and excavation permit(s) from the City. New easements shall be dedicated as necessary for the utility relocation.
2) The Demolition Permit for the demolition of the existing buildings on the PROJECT SITE has been finalized by the City’s Building Division, the existing buildings have been demolished, and street access on Fairmont Avenue is no longer needed.
3) The building permit plans, improvement plans, and tract map (also known as and commonly referred to as a “final map”) for the PROJECT, in the form approved by the City Council on April 28, 2026, have been deemed ready to be approved by the City’s Chief Building Official and Public Works Director.
Section 3. In addition to satisfying the conditions set forth in Section 2(d) above, this Resolution may be recorded only after the City Council adopts the resolution approving the tract map, and shall be recorded immediately prior to and concurrently with the tract map , in accordance with approved City recording instructions. The effective date of the resolution approving the tract map
shall be established by the City Council and shall be no earlier than fifteen (15) days after its adoption. Notwithstanding the foregoing, this Resolution shall not be come effective or be recorded if the term of the tentative map expires or if the tract map is not approved.
Section 4. As findings of fact supporting the City Council’s decision vacating said public street and easement on Fairmont Avenue, the City Council incorporates by reference, as if fully set forth herein, the Council report dated April 28, 2026, and the following additional fact:
a. A new Public Access Easement is shown on the Vesting Tentative Map to allow pedestrian and bicycle access through the development.
Section 5 . Pursuant to Sections 8324(b) and 8325 of the California Streets and Highways Code, the City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded in the Office of the Recorder of the County of Santa Clara upon written notification from the Public Works Director that the conditions of this Resolution have been satisfied, subject to Section 3, above.
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PWK/LL/CH-10-28-25r
Exhibits:
A. Plat and Legal
Exhibit A