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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY EASEMENTS ALONG EIGHT MILE ROAD AND HOLMAN ROAD
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road;
2. Authorizing the filing of a Notice of Exemption No. 06-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road.
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, Holman Investors, LLC, is requesting the abandonment of right-of-way easements along the southeast and southwest corners of Eight Mile Road and Holman Road (APNs: 122-020-18, 122-020-19, 122-020-32, 122-020-33) to allow for the reconfiguration of future right-of-way associated with a subdivision development. Fee title of the abandonment area is owned by Holman Investors, LLC (Attachment A - Vicinity Map and Attachment B - Aerial Map). There are no existing City utilities located within the proposed abandonment areas, and a future Public Utility Easement (PUE) will be reserved for PG&E facilities, alongside an updated right-of-way dedication.
DISCUSSION
Background
Holman Investors, LLC, owns the real property located along the southeast and southwest corners of Eight Mile Road and Holman Road. The right-of-way has not yet been constructed, and abandoning the right-of-way easements will enable the final buildout of Cannery Park, Unit No. 1. The proposed abandonment areas contain approximately 1.1 acres.
Present Situation
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. Staff were notified by PG&E that the abandonment areas contain segments of electric and gas distribution facilities. A subsequent PUE will be recorded by the City to cover the PG&E facility segments that are within the abandonment areas. In addition, a right-of-way dedication will be recorded for the new location of the future roadway.
The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, section 8331 & 8334(a), of the California Streets and Highway 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 proposed vacation conforms with California Streets and Highway Code Section 8331, 8334(a), and 8335(a), in that the area has been impassable for vehicular travel for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess right-of-way may be summarily vacated if not required for street and highway purposes.
The Public Works and the Community Development Department concur with the proposed vacation of these portions of right-of-way easements located along the southeast and southwest corners of Eight Mile Road and Holman Road.
It is recommended that the City Council approve the proposed resolution vacating approximately 1.1 acres of City right-of-way easements along Eight Mile Road and Holman Road as described in Exhibit 1 and depicted in Exhibit 2 to the Resolution.
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 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. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed in CEQA Guidelines section 15300.2.
In accordance with section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Holman Investors, LLC, has paid the necessary fee to process the right-of-way abandonment. There is no negative financial impact to the City’s General Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map