TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Matt Loesch
SUBJECT: Conditional Vacation of a
Portion of Spring Street
between Asbury Street and
West Taylor Street
DATE: September 28, 2026
Approved Date:
10/5/26
COUNCIL DISTRICT: 6
RECOMMENDATION
(a) Conduct a public hearing on the conditional vacation of approximately 25,690 square feet of Public Street Right-of-Way on Spring Street, between Asbury Street and West Taylor Street (Subject Portion).
(b) Adopt a resolution:
(1) Approving the report from the Director of Public Works setting forth the facts justifying the conditional vacation of approximately 25,690 square feet of Public Street Right-of-Way on Spring Street, between Asbury Street and West Taylor Street (Subject Portion);
(2) Finding, pursuant to Streets and Highways Code Section 8324(b), that the Subject Portion is unnecessary for current or prospective public use as a street, and vacating the Subject Portion, conditioned upon the abandonment and/or relocation of all existing public utility facilities and utility easements affecting the Subject Portion; and
(3) Instructing the City Clerk to record a certified copy of the resolution of vacation for the Subject Portion with the Office of the Recorder, County of Santa Clara after the Director of Public Works confirms the satisfaction of the conditions to vacate.
SUMMARY AND OUTCOME
Approval of the recommendation will result in the abandonment of Public Street Rightof-Way on Spring Street, between Asbury Street and West Taylor Street (Subject Portion) as a public street and will allow the vacated area to be incorporated into COUNCIL AGENDA: 10/20/26
FILE: 26-1077
ITEM: 3.5
HONORABLE MAYOR AND CITY COUNCIL
September 28, 2026
Subject: Conditional Vacation of a Portion of Spring Street Between Asbury Street and West Taylor Street
Columbus Park (see Attachment – Location Map). As a condition, existing utility lines within the Subject Portion owned by PG&E, San José Water Company (SJ Water), and AT&T, Inc. (AT&T) will be removed and relocated at their expense; and, therefore, no reservation of easements will be required over the Subject Portion.
BACKGROUND
On October 8, 2019, City Council adopted Ordinance No. 303201 to adjust the appropriation related to the redevelopment of Columbus Park.
On April 15, 2025, City Council adopted Resolution No. RES2025-782, approving the Mitigated Negative Declaration (File No. ER20-025) for the Columbus Park Redevelopment Project and the Columbus Park Revitalization Plan developed as part of the project. The associated transportation analysis concluded that the project, including the closure of Spring Street to vacate the Subject Portion, is consistent with Envision San José 2040 General Plan, and meets its long-range transportation goals; and therefore, results in a less-than-significant cumulative impact.
Columbus Park, originally built in 1961, is located within Guadalupe Gardens along West Taylor Street. The park has been underutilized for many years, becoming the site of a large homeless encampment, which has contributed to the deterioration of park facilities. To achieve the Columbus Park Redevelopment Project goals, the Columbus Park Revitalization Plan proposed to develop two artificial turf full-size soccer fields, four pickleball courts, a futsal court, 14 horseshoe courts, a half basketball court, a playground, and a pedestrian paseo connecting all amenities.
The pedestrian paseo is located generally within the Subject Portion. Therefore, to implement the Columbus Park Revitalization Plan, the Subject Portion must be vacated.
After the vacation of the Subject Portion, the park area will increase from 8.4 acres to approximately 9.0 acres.
ANALYSIS
Vacation of Street and Enhancement of Pedestrian Use
Pursuant to Section 8324(b) of the California Streets and Highways Code, the City Council may adopt a resolution to vacate all or a portion of a street if the legislative body finds, from all evidence submitted, that the street described in the notice of hearing or petition is unnecessary for present or prospective public use. The Section also states 1 https://sanjoseca.govnita.com/api/workspace/Ordinances/files/1980961758670/view 2 https://sanjoseca.govnita.com/api/workspace/Resolutions/files/1980892501808/view
HONORABLE MAYOR AND CITY COUNCIL
September 28, 2026
Subject: Conditional Vacation of a Portion of Spring Street Between Asbury Street and West Taylor Street
that the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. Due to existing utilities that need to be relocated out of the Subject Portion, the resolution of vacation will include a condition that utility relocation be completed to the City’s requirements prior to recording the resolution of vacation.
The transportation analysis that was part of the Mitigated Negative Declaration concluded that the Columbus Park Redevelopment Project, including the closure of the Subject Portion of Spring Street, is consistent with Envision San José 2040, and meets its long-range transportation goals.
The 2002 Guadalupe Garden Master Plan3 shows Spring Street between West Hedding Street and Asbury Street closed. Envision San José 2040 General Plan4 proposes to pursue expansion of Guadalupe River Park in Goal PR-1.17. Goal PR-5.1 seeks to update both the Guadalupe River Park Master Plan and Guadalupe Gardens Master Plan with a view to developing “the Guadalupe River Park & Gardens as one of the City’s grand parks and as part of an integrated park system”. Spring Street between West Taylor Street and Coleman Avenue remains undeveloped and continues to serve as a pedestrian pathway through the garden. The Subject Portion is located between these proposed and existing closed sections. The Columbus Park Revitalization Plan will transform the area over the Subject Portion into a paseo, allowing safe and continuous pedestrian flow across the redesigned Columbus Park.
The street vacation is essential to achieve the objectives of the Columbus Park Revitalization Plan and is following Citywide planning goals and related state laws and regulations.
Public Utilities
Based on the current project schedule, Columbus Park construction is anticipated to start in summer 2027. After the removal and relocation of their facilities, there will be no public facilities left within the Subject Portion, therefore, no reservation of easements will be required.
A utility franchise was granted to PG&E in the Subject Portion pursuant to San José Municipal Code Sections 15.32, which states that any franchise grantee shall remove or relocate their facilities for any lawful public work without expense to the City. PG&E has agreed to remove all gas lines and relocate its electric lines to Taylor Street, Irene Street and Asbury Street.
3 https://www.flysanjose.com/sites/default/files/jwilson/2002GGMasterPlan%20(1).pdf 4 https://www.sanjoseca.gov/home/showpublisheddocument/121586/638828345723130000
HONORABLE MAYOR AND CITY COUNCIL
September 28, 2026
Subject: Conditional Vacation of a Portion of Spring Street Between Asbury Street and West Taylor Street
SJ Water operates under a Constitutional Franchise and has agreed to remove and relocate its facilities within the Taylor Street Right-of-Way. SJ Water has already prepared demolition and relocation plans and moved into construction, which is anticipated to be completed before Columbus Park construction begins.
AT&T operates under the state franchise pursuant to California Public Utility Code Chapter 7901 and Chapter 5840 that requires the applicant to agree to comply with all lawful city and county regulations regarding the time, place and manner of using the public rights-of-way. The San José Municipal Code Section 15.34 states that state franchise holders shall, at their expense, relocate or remove any of its property when required by the Director of Public Works by reason of street vacation, or any type of improvements.
AT&T has agreed to remove and relocate its facilities to Taylor Street and Irene Street.
Design is underway and construction is anticipated to start concurrently with Columbus Park construction to avoid redundant work for backfill and re-installation of sidewalks.
City staff and AT&T agreed to coordinate this work, and it will be noted in the construction documents.
All three utility companies consented to the street vacation of the Subject Portion without any reservation of easements.
Staff also reached out to Comcast Corporation to notify them of the street vacation and it was determined that Comcast Corporation does not have any facilities in the Subject Portion.
Existing Easement
A preliminary title report prepared on April 16, 2020 for the Subject Portion did not disclose any separately recorded easements in favor of the affected utility companies; rather, it identifies rights of the public, City/County, and public utilities within Spring Street, together with standard exceptions for unrecorded easement claims. Because the utility facilities will be removed or relocated before the vacation is recorded, no public service easement is proposed to be reserved over the vacated area.
Condition to Vacate
Vacation of the Subject Portion is conditioned on the physical removal or relocation of all utility facilities within the Subject Portion, including those of PG&E, SJ Water, and AT&T, and any other utility with facilities located therein, to the satisfaction of the Director of Public Works. Until the Director of Public Works confirms satisfaction with the vacation conditions, the City Clerk will not record the resolution of vacation, and the vacation will not take effect.
HONORABLE MAYOR AND CITY COUNCIL
September 28, 2026
Subject: Conditional Vacation of a Portion of Spring Street Between Asbury Street and West Taylor Street
Conclusion
Staff recommend the Subject Portion of Spring Street be vacated and incorporated into Columbus Park to complete the Columbus Park Revitalization Plan with the conditions described above.
EVALUATION AND FOLLOW-UP
No additional follow-up action with the City Council on the street vacation is expected at this time. The construction award for the Columbus Park Revitalization Plan is expected to be brought to the City Council for approval in summer 2027.
FISCAL IMPACTS
There are no fiscal impacts associated with the recommended actions. Utility relocation costs will be funded by the respective utility providers.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office, City Manager’s Budget Office, City Manager’s Office of Economic Development and Cultural Affairs, Parks, Recreation and Neighborhood Services Department, Planning, Building, and Code Enforcement Department, and the Transportation Department.
PUBLIC OUTREACH
This memorandum will be posted on the City Council Agenda website for the October 20, 2026 City Council meeting. The site will be posted, and the resolution of vacation published in accordance with the Streets and Highways Code.
All utility companies concerned have been contacted in writing and have no objections to the proposed vacation. PG&E, SJ Water, and AT&T did not request a reservation of public service easement as their facilities will be relocated outside the Subject Portion.
Public outreach during the CEQA clearance process for the Columbus Park Redevelopment Project indicated that the Subject Portion would be vacated so that Columbus Park could be built.
HONORABLE MAYOR AND CITY COUNCIL
September 28, 2026
Subject: Conditional Vacation of a Portion of Spring Street Between Asbury Street and West Taylor Street
Project Initial Study/Mitigated Negative Declaration was circulated for public review from July 16, 2024, to August 5, 2024. The Mitigated Negative Declaration and the Columbus Park Revitalization Plan was approved by City Council on April 15, 20255.
BOARD, COMMISSION, COMMITTEE RECOMMENDATION AND INPUT
No board, commission, or committee recommendation or input is associated with this action.
CEQA
Mitigated Negative Declaration for the Columbus Park Project (Resolution No.
RES2025-78), File No. ER20-025.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /s/
MATT LOESCH
Director of Public Works
For questions, please contact Richard Chiu, Deputy Director, Public Works Department, at [email protected].
ATTACHMENT: Location Map
5 https://sanjose.legistar.com/View.ashx?M=F&ID=14004832&GUID=E222CAE1-4F1A-4DF1-9DD1- 9AD725B304FA
Location Map
9091 – PARK: Columbus Park – Spring Street Vacation “Subject Portion” Subject Portion