Title
First Reading and Introduction of an Ordinance to vacate approximately 996 linear feet of public right-of-way commonly known as Eden Road (APN: 042-4530-005-02) located between Doolittle Drive and the Western Terminus
Staffreport
COUNCIL PRIORITY
1. Infrastructure
SUMMARY AND RECOMMENDATIONS
On December 5, 2024, the vacation process of Eden Road was initiated by the Planning Commission adopting a resolution finding that the proposed Street Vacation is in conformity with the General Plan.
On May 19, 2025, the Resolution of Intention to vacate Eden Road was approved by City Council, and a Public Hearing date was scheduled for July 7, 2025, to hear all persons interested in or objecting to the proposed street vacation.
Consistent with the prior actions cited above, Staff recommends City Council conduct the Public Hearing to vacate approximately 996 linear feet of public right-of-way commonly known as Eden Road located between Doolittle Drive and the western terminus. If, after hearing the evidence offered by any persons interested, Eden Road remains unnecessary for present or prospective public uses, then Staff recommends City Council, by ordinance, order the public right-of-way vacation and record the ordinance in the County of Alameda Clerk-Recorder’s Office.
BACKGROUND
On March 18, 2024, the City Council authorized the execution of the Eden Road Public Improvement Agreement Memorandum of Understanding (MOU) concerning the sale and transfer of Eden Road to the adjacent landowner, KK Eden Properties LLC. To move forward with the transfer, Staff presented the next steps at the May 19, 2025, City Council meeting. One of the key steps was the Eden Road vacation process.
The vacation process began on December 5, 2024, when the Planning Commission adopted a resolution finding that the proposed street vacation is consistent with the City’s General Plan.
On May 19, 2025, the City Council adopted a Resolution of Intention to vacate Eden Road (Resolution No. 2025-047) and scheduled a Public Hearing for July 7, 2025. The adopted resolution was published for two consecutive weeks and posted conspicuously along Eden Road.
Pursuant to the City of San Leandro Municipal Code Title 5, Chapter 5-4, Street and Easement Abandonment, the next step is for City Council to conduct the Public Hearing. During the hearing, the City Council will receive and consider testimony from any interested parties in favor of or in objection to the proposed street vacation. Following the hearing, if the City Council determines that Eden Road is unnecessary for present or prospective public use, it may adopt an ordinance ordering the vacation. A certified copy of the ordinance will then be recorded with the Alameda County Clerk-Recorder’s Office.
To date, the City Council has approved both the MOU and the Purchase and Sale Agreement and Joint Escrow Instructions (PSA). The MOU and Agreement will be amended to specify the timing of Eden Road’s construction and outline remedies for construction defaults. Per the terms of the MOU and PSA, all necessary easements for utilities, public access, and emergency vehicles will be recorded concurrently with the vacation.
Analysis
Title 5, Chapter 5-4, of the San Leandro Municipal Code governs the procedures for the abandonment of streets and easements. In accordance with these provisions, the City Council adopted a Resolution of Intention to vacate Eden Road and scheduled a Public Hearing for July 7, 2025.
A notice of the Resolution of Intention and the Public Hearing was published in the San Leandro Times, a local newspaper, on June 19 and June 26, 2025. Additionally, the resolution was posted along Eden Road at least two weeks prior to the hearing date, in compliance with legal requirements.
Pursuant to the Municipal Code, the City Council is required to conduct a Public Hearing before ordering the vacation. The City Council’s decisions and determinations regarding the vacation shall be final and conclusive.
Previous Actions
• On March 18, 2024, by Resolution No. 2024-022, the City Council approved the Eden Road Public Improvement Agreement MOU.
• On December 5, 2024, by Resolution No. 2024-011, the vacation process was initiated by the Planning Commission through the adoption of a resolution finding that the proposed Street Vacation is in conformity with the General Plan.
• On May 19, 2025, by Resolution No. 2025-047, the City adopted a Resolution of Intention to vacate approximately 996 liner feet of Eden Road between Doolittle Drive to the western terminus.
Environmental Review
The proposed street vacation is categorically exempt under the California Environmental Quality Act (CEQA) Section 15312 (Surplus Government Property Sales).
Financial Impacts
There is no fiscal impact associated with the adoption of an Ordinance to vacate Eden Road.
ATTACHMENTS
Attachment A: Ordinance Vacating Eden Road
Attachment B: Legal Description and Plat of Right-of-Way to be Vacated
Attachment C: Presentation for Eden Road Public Right-of-Way Vacation
PREPARED BY:
• Dane Rodgers, Senior Engineer, Public Works Department
• Javier Perez, Assistant Engineer, Public Works Department
• Eric Engelbart, Deputy City Manager