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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHTS-OF-WAY AT 5150 ARCH ROAD
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the summary vacation of a portion of the public rights-of-way at 5150 Arch Road;
2) Authorizing the filing of a Notice of Exemption No. 22-23 under the California Environmental Quality Act for the vacation of a portion of the public rights-of-way at 5150 Arch Road; and
3) Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
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Summary
The applicant, First Industrial LP, is requesting the vacation of a portion of right-of-way located at 5150 Arch Road. Fee title to the vacated area is owned by First Industrial LP.
DISCUSSION
Background
First Industrial LP owns the real property at 5150 Arch Road, which is being developed for a logistics warehouse known as Arch Town Industrial. The proposed vacation areas are located along the northern boundary of APN 181-110-27, adjacent to the existing right-of-way along Arch Road (Attachment A - Vicinity Map & Attachment B - Aerial Map).
Present Situation
The proposed areas to be vacated consists of a combined 4,490 square feet of right-of-way. The proposed areas to be vacated has not been constructed to serve right-of-way purposes, and a subsequent dedication for right-of-way will be taking place to serve the site. The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacation at this site, and no objections were received.
The City may perform this summary vacation of public rights-of-way under Division 9, Part 3, section 8331, & 8334(a), et. seq., of the California Streets and Highway Code, and a public hearing is not required. Pursuant to section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period.
Additionally, pursuant to section 8334(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated.
The portion of the public rights-of-way being proposed for vacation is undeveloped and has been impassible to vehicles for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess rights-of-way are not required for street purposes.
The Public Works Department concurs with the proposed vacation of a portion of the public rights-of-way at 5150 Arch Road.
It is recommended that the City Council approve the proposed resolution vacating the 4,490 square feet of rights-of-way on the portion of Arch Road.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section(s): 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment, and the activity is not subject to CEQA.
In accordance with Section 65402 of the Government Code, it has been determined that the project is in conformance with the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, First Industrial LP, has paid the necessary fees to process the proposed vacation. There is no negative financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map