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RESOLUTION TO ADOPT THE SUMMARY VACATION OF A PORTION OF RIGHT- OF- WAY AT “E” STREET
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Approving the summary vacation of a portion of the public right-of-way at “E” Street.
2) Authorizing the reservation of a public utility easement.
3) Authorizing the filing of a Notice of Exemption No. 25-22 under the California Environmental Quality Act for the vacation of a portion of public right-of-way at “E” Street; and
4) 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, Arellano Properties, Inc., is requesting the vacation of a portion of the public right-of-way at “E” Street and Hackberry Lane. The proposed vacation area is impassable to public vehicle traffic. Presently, there are utilities in the proposed vacation area, and a public utility easement will be reserved over the area to accommodate them.
DISCUSSION
Background
The applicant owns the real property at 2303 Hackberry Lane, adjacent to the proposed vacation area. The proposed vacation area runs north to south between the railroad tracks and “E” Street (Attachment A-Vicinity Map and Attachment B-Aerial Map).
The applicant is requesting the vacation to allow room to build on their vacant parcel.
Present Situation
The applicant is the owner of the adjacent parcel to the proposed vacation area. The proposed area to be vacated consists of 6,000 square feet.
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 City may perform this proposed vacation 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 part, 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 the City has spent no public funds to maintain the area in the last five years. Consequently, it is recommended that the City Council approve the proposed 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.
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
There is no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action. The applicant, Arellano Properties, Inc., has paid the necessary fees to process these abandonments. To receive these fees, the amount has been budgeted in the adopted Fiscal Year 2022-23 Community Development Department - Development Services Fund, Planning and Engineering Division.
Attachment A - Vicinity Map
Attachment B - Aerial Map