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SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY ALONG 1501 S. AIRPORT WAY AND RESERVATION OF A PUBLIC UTILITY EASEMENT
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing a summary vacation of a portion of the public right-of-way along 1501 S. Airport Way with reservation of a public utility easement;
2. Authorizing the filing of Notice of Exemption No. CE09-18 under the California Environmental Quality Act for a portion of the public right-of-way along 1501 S. Airport Way; and
3. 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 applicant, 1501 S. Airport, LLC (“Developer”), is requesting the vacation of a portion of a public right-of-way along 1501 S. Airport Way. Fee title to the vacated area is owned by the City. Developer and the City have entered into an Option Agreement for Developer to purchase and develop City-owned property adjacent to the proposed vacation area at 1501 S. Airport Way.
DISCUSSION
Background
The real property at 1501 S. Airport Way contains approximately 3.16 acres, zoned for commercial use immediately West of the San Joaquin County Fairgrounds. The proposed vacation runs north-south along Airport Way (Attachments A and B - Vicinity Map and Aerial Map).
Developer holds a purchase option from the City for the real property at 1501 S. Airport Way (Attachment C - Purchase Option Agreement). The developer intends to construct a shopping center at the site and has requested the summary vacation to provide additional parking and potential expansion of the building footprint.
Present Situation
City Council approved a Purchase Option Agreement with Developer on February 27, 2018, and the City Manager executed the agreement on April 16, 2018, for the sale of the City-controlled real estate at 1501 S. Airport Way and 1516 S. Union Street. These parcels constitute a combined 3.16 acres, zoned for commercial development immediately west of the proposed vacation. The approved Option Agreement also includes the vacation (or abandonment) of a portion of public right-of-way along 1501 S. Airport Way of which the Developer will acquire from the City. The Developer plans to construct a shopping center on the site and requests this vacation to integrate landscaping and allow for additional parking and potential expansion of the building footprint.
The proposed area to be vacated consists of approximately 22,527 square feet located along the City’s right-of-way at 1501 S. Airport Way. The City owns fee title to the vacation area. The City property at 1501 S. Airport Way will be conveyed upon the developer exercising its option and purchasing the 2 subject parcels. The developer will also acquire the vacated right-of-way. If Developer does not exercise its option agreement, the vacated area will vest with the City as part of the adjoining, City-owned parcel.
All City Departments and local utilities were notified of the proposed vacation at this site, and no objections were received. Since there are existing utilities within this area, as indicated by response letters received from utilities companies, there will be a reservation of an easement for utility purposes for those facilities pursuant to the Streets and Highway Code, Part 3. Public Streets, Highways, and Service Easement Vacation Law, Chapter 5 Reservation and Preservation of Easements, Article 1 Reservation of Easements, Section 8340.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Section 8300, et. seq., of the California Streets and Highway Code and a public hearing is not required. That code section provides in relevant parts, that:
“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.”
The proposed vacation area has been impassable for vehicular travel for more than five years, and no public money has been expended to maintain the vacation area as a street. The Economic Development Department has determined the vacation area right-of-way to be excess. The Public Works Department concurs with the proposed vacation of this portion of the excess right-of-way along 1501 S. Airport Way. Consequently, it is recommended that the City Council approve the proposed resolution.
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 “Categorical Exemption” under Article 19 and, specifically by Section(s) 15301, Class (b) of the State CEQA Guidelines.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity/project conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The City waived all City fees associated with this vacation as part of the Purchase Option Agreement that Council approved on February 27, 2018, and the City Manager entered into on April 16, 2018. There is no financial impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Purchase Option Agreement