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SUMMARY VACATION AND ABANDONMENT OF A PORTION OF FORMER SOUTH AMERICAN STREET PUBLIC RIGHT OF WAY SOUTH OF MORMON SLOUGH AND RESERVATION OF PUBLIC UTILITY EASEMENT
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary abandonment of a portion of the former South American Street public right-of-way south of Mormon Slough;
2. Authorizing the reservation of a public utility easement;
3. Authorizing the filing of Notice of Exemption No. CE17-18 under the California Environmental Quality Act for a portion of the former South American Street public right-of-way south of Mormon Slough; 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 applicant, Salvador Buenrostro, is requesting the abandonment of a portion of former South American Street public right-of-way south of Mormon Slough. The area is impassable to public vehicle traffic, and the property may be abandoned to the applicant, who uses the parcels surrounding the proposed vacation. Fee title to the proposed abandonment area is currently vested with the City.
DISCUSSION
Background
Mr. Buenrostro owns or controls the real property surrounding the proposed vacation area on three sides. The proposed abandonment area is immediately south of Mormon Slough between California Street and South Stanislaus Street. The proposed abandonment area is a portion of the long-removed American Street between East Hazelton Avenue and East Worth Street (Attachments A and B - Vicinity Map and Aerial Map). Title to the proposed abandonment area is vested with the City.
Present Situation
Mr. Buenrostro occupies the approximately 4.46 acres to the southwest, south, and east of the proposed abandonment area. The proposed area to be abandoned consists of approximately .39 acres located directly south of Mormon Slough. Tracy Miller owns the property immediately to the west of the proposed abandonment area; she has disclaimed her interest in the title to be vested after the proposed abandonment (Attachment C - Letter Approving Proposed Abandonment). It has been determined that there is no value to the property as it is landlocked and cannot be developed on its own. Further, abandoning the unused right-of-way would eliminate the City’s responsibility in maintaining the property, including trash removal, and places it back on the County tax roll which increases ongoing City revenue.
All City Departments and local utilities were notified of the proposed abandonment at this site, and no objections were received. A public utility easement will be reserved for City utilities.
The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, Section 8331, 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 abandonment area has been impassable for vehicular travel for more than five years, and the City has spent limited resources maintaining the area in the last five years.
California Streets and Highway Code Section 8334 also provides for summary abandonment of a street or highway right-of-way that is excess and not required for street and highway purposes. The proposed abandonment area is excess after the removal of South American Street and is no longer required for street purposes.
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 1(c) 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 applicant, Salvador Buenrostro, has paid the necessary fees to process this proposed abandonment. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Letter Approving Proposed Abandonment