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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF A STREET EASEMENT ALONG SOUTH AIRPORT WAY
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the summary vacation of a portion of a street easement along South Airport Way;
2. Authorizing the filing of Notice of Exemption No. 57-24 under the California Environmental Quality Act for the vacation of a portion of the street easement along South Airport Way; 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, Lawrence B. Stone Properties 04 LLC, is requesting the vacation of a portion of the street easement located along South Airport Way. The proposed vacation area is impassable to public vehicle traffic and no public money has been expended on maintenance of the proposed vacation area. Presently, there are no utilities in the proposed vacation area.
Additionally, there is an existing sidewalk and landscape strip improvement located between the proposed vacation area and west side of South Airport Way. The proposed vacation area is not planned to be used as right-of-way. Fee title to the vacated area is currently owned by the successor in interest to the Western Pacific Railroad Company. As a result, the applicant will need to coordinate with the Union Pacific Railroad, as the successor in interest to the Western Pacific Railroad Company, for the acquisition of the proposed abandonment area.
As a result of these considerations, staff recommends approval of the summary vacation.
DISCUSSION
Background
The applicant owns the real property at 2525 South Airport Way, adjacent to the proposed vacation area. The proposed vacation area is on the west side of Airport Way, south of East 10th Street (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The applicant is requesting the vacation of approximately 0.26 acres of the street easement in order to expand their existing facility’s parking capacity. The processing of a summary vacation is consistent with the California Streets and Highway Code.
Present Situation
The applicant is the owner of the adjacent parcel to the proposed vacation area. The proposed area to be vacated consists of approximately 0.26 acres.
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, and local utilities were notified of the proposed vacation at this site, and no objections were received. The local utilities and departments’ non-objection are required to confirm support for the proposed vacation at the site and to ensure there will be no negative impact to any departmental or agency functions.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Sections 8331 & 8334(a), et. seq., of the California Streets and Highways Code. 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 street easement 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 right-of-way is not required for street purposes.
It is recommended that the City Council approve the proposed resolution vacating approximately 0.26 acres of a portion of the street easement along South Airport Way as described in Exhibit 1 and Exhibit 2.
ENVIRONMENTAL CLEARANCE
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a ’general rule exemption’ under Section 15061(B)(3) of the State CEQA Guidelines 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, the Community Development Department further determined that this activity conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Lawrence B. Stone Properties, 04 LLC, has paid the necessary fees to process this proposed vacation. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map