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SUMMARY VACATION OF A PORTION OF A STREET AND HIGHWAY EASEMENT AND RESERVING A PUBLIC UTILITY EASEMENT ON THE FRONTAGE ROAD AT OTTO DRIVE AND THORNTON ROAD
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the summary vacation of the street and highway easement on a portion of the Frontage Road at the corner of Otto Drive and Thornton Road Frontage Road;
2) Authorizing the reservation of a public utility easement;
3) Authorizing the filing of a Notice of Exemption No. CE042-17 under the California Environmental Quality Act for the vacation of a portion of the Frontage Road at the corner of Otto Drive and Thornton Road; and
4) Authorizing the City Manager, or his 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 proposed vacation area is located on the Frontage Road south of Otto Drive (Attachment A-Vicinity Map and Attachment B-Aerial Map). Part of the Thornton Road Widening Project requires a cul-de-sac to be constructed on the frontage road located at Otto Drive and Thornton Road which leaves a portion of road way as excess. The Public Works Department is requesting the proposed vacation as these portions of the street are no longer needed and are excess right-of-way. The fee ownership of the proposed vacation areas is vested in Billy Ray Somers and Mary M. Moule; and Shirley Lopez Fasy, Trustee, Fasy Family Trust, respectively. Presently, there are utilities in the proposed vacation area, and a public utility easement will be reserved over the area to accommodate them. The necessary fees to process this vacation have been paid by the Thornton Road Widening Project.
DISCUSSION
Background
In October 1994, Council adopted specific plans for nine roadway corridors, one of which included the Thornton Road corridor. The Specific Plan for Thornton Road called for the roadway to be widened to six lanes from Pershing Avenue to Bear Creek. The Thornton Road Widening project will widen Thornton Road between Pershing Avenue and Bear Creek from two to four lanes with buffered bicycle lanes, traffic signal improvements, curbs, gutters, and sidewalks.
As part of the project, a cul-de-sac is being built at the north end of the Frontage Road at Otto Drive. The design of the cul-de-sac leaves a portion of the frontage road at a dead end and is now excess right-of-way (Attachment C - Cul-de-sac Drawing).
Present Situation
The Public Works Department is requesting the proposed vacation as these portions of the street are no longer needed and are excess right-of-way. All City departments and local utilities were notified of the proposed vacation at this site. A public utility easement in the proposed vacation area has been reserved as it will be necessary for this project.
The vacation may be performed as a summary vacation under Section 8334 of the Streets and Highway Code, and a public hearing is not required. The code provides that:
“The legislative body of a local agency may summarily vacate a portion of a street or highway that is excess right-of-way of a street or highway not required for street or highway purposes.”
Title to the vacation area is vested in Billy Ray Somers and Mary M. Moule. at 2304 Otto Drive and Shirley Lopez Fasy, Trustee, Fasy Family Trust at 9571 Thornton Road.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is exempt from the requirements of the California Environmental Quality Act and is granted a “Categorical Exemption” under Article 19 and, specifically, by Section(s): 15301, Class 1.
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
All necessary fees to process the proposed vacation have been paid through the Thornton Road Widening Project Account Number 080-3020-640, Project Number PW1428. There is no financial impact to the City General Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Cul-de-sac Drawing