Title
GPC24-001; Consideration of a General Plan Conformity Finding concerning the vacation of City-owned Eden Road, Assessor’s Parcel Number 42-4530-5-2
Staffreport
SUMMARY AND RECOMMENDATIONS
On March 18, 2024, the City Council authorized a Memorandum of Understanding (MOU) for the sale and transfer of a portion of City-owned Eden Road to an adjacent landowner, KK Eden Properties LLC, which included a paving and a long-term maintenance program to ensure future public access and cost-savings for the City. The MOU was subsequently executed and became effective on March 19, 2024.
Prior to transferring ownership of Eden Road, the City must complete the process for a Street Vacation outlined under California Streets and Highways Code (SHC) Section 8300 to abandon the City’s interest in the right-of-way. As part of that process, the Planning Commission is responsible for reviewing the proposal and reporting to the City Council as to its conformity with the General Plan. Staff recommends that the Planning Commission adopt a resolution finding that the proposed Street Vacation is in conformity with the General Plan.
BACKGROUND
Eden Road is an existing unimproved roadway located at the western edge of San Leandro which connects to Doolittle Drive. The City’s Water Pollution Control Plant (WPCP), Alco Iron & Metals (a metal recycling company located on the property owned by KK Eden Properties LLC) and an auto wrecking yard currently take access from Eden Road.
According to available records, Eden Road was plotted via a parcel map approximately 70 years ago. When it was created, Eden Road was a privately-owned unimproved access road. The City of San Leandro acquired title to Eden Road approximately 20 years ago, with the intent of incorporating it into the City’s road network and paving it using funds from the City of San Leandro Redevelopment Agency that existed at the time. Following the statewide dissolution of Redevelopment agencies in 2012, the funding source envisioned to offset the costs of paving the road became unavailable. According to recent estimates developed by the City’s Public Works Department, the construction of a modern paved road that meets current standards could cost greater than $5 million, funding for which has neither been identified nor appropriated.
In an effort to improve Eden Road, the City of San Leandro engaged in negotiations with KK Eden Properties LLC and Alco Iron & Metals on the development of a Memorandum of Understanding (MOU)which was authorized by the City Council on March 18, 2024. The core provisions of the MOU include selling Eden Road to KK Eden Properties “as-is, where-is”, a requirement for the project applicant to construct the road according to City standards, and payment of 1-time funds from the City to the project applicant for public and emergency access and egress rights across the entire length of the constructed road. A copy of the MOU is attached to this staff report as Exhibit E.
GENERAL PLAN CONFORMANCE ANALYSIS
In accordance with Government Code Section 65402, the Planning Commission must find that the proposed vacation of Eden Road is in conformance with the General Plan. Disposition of the Eden Road property will ensure the construction of Eden Road to City standards, fulfilling General Plan Transportation Element Action T-5.2.D and Land Use Element Action LU-7.6.D:
Action T-5.2.D As funding becomes available, complete the Eden Road improvement project including paving and sidewalk improvements.
Action LU-7.6.D Improve Eden Road/West Davis area in a manner that attracts higher value industrial land uses and improves the appearance and image of this area. This should include paving of Eden Road and frontage improvements on adjacent properties.
Eden Road is designated as a collector street in the General Plan. Attachment B provides an aerial view of the property and the surrounding area. Attachment C is a vicinity map showing the general plan designations of the adjacent properties in San Leandro. The primary land use designation of the properties adjacent to Eden Road in San Leandro is IG, General Industrial; the Water Pollution Control Plant at the western end of Eden Road is designated PI, Public/Institutional. The vacation, disposition and improvement of Eden Road would not conflict with underlying general plan designations.
ENVIRONMENTAL REVIEW
The vacation of Eden Road is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15301 (Existing Facilities) as a minor modification to an existing facility, and CEQA Guidelines Section 15312 (Surplus Government Property Sales) which applies to the sale of surplus government property.
ATTACHMENTS
Attachment A - Resolution Finding General Plan Conformity
Attachment B - Aerial Photograph
Attachment C - General Plan Land Uses in the Vicinity
Attachment D - Eden Road Map and Cross Section
Attachment E - Memorandum of Understanding
PREPARED BY:
Cindy Lemaire, Senior Planner
Planning Division