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SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AT 1704 WEST FREMONT STREET
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary vacation of a portion of the public right-of-way at 1704 West Fremont Street.
2. Authorizing the filing of Notice of Exemption No. 9-23 under the California Environmental Quality Act for a portion of the public right-of-way at 1704 West Fremont Street.
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, LDF Enterprises, LLC, is requesting the vacation of a portion of the public right-of-way at 1704 West Fremont Street. The proposed vacation area is impassable to public vehicle traffic and no public money has been expended on maintenance. In addition, fee title to the surrounding parcels is owned by the applicant. As a result of these considerations, staff recommends approval of the summary vacation.
DISCUSSION
Background
The applicant owns the real property at 1704 West Fremont Street. The proposed vacation area runs west to east south of West Fremont Street (Attachments A and B - Vicinity Map and Aerial Map).
The applicant is requesting the vacation of 75 square feet of City right-of-way along West Fremont Street to clean up the title prior to the sale of the property. The area to be vacated includes a portion of the building that is 3’6” in the City right-of-way. The processing of a summary vacation is consistent with the California Streets and Highway Code.
Present Situation
The applicant is the owner of the adjacent parcels to the proposed vacation area. The proposed area to be vacated consists of 75 square feet located south of West Fremont Street, over which a portion of the applicant’s building extends 3’6” in the City right-of-way.
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 local utilities and departments’ non-objection is required to confirm support for the proposed vacation at the site and to ensure there will be no negative impact to any departmental or agency functions.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Sections 8331 & 8334 (a), et. seq., of the California Streets and Highway Code, and a public hearing is not required. Code section 8331, in relevant part, provides 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.”
Code section 8334(a), in relevant part, provides that:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.
The proposed vacation conforms with both Code Section 8331 and 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no public money was expended for maintenance on the street, and the excess right-of-way is not required for street or highway purposes.
It is recommended that the City Council approve the proposed resolution vacating the 75 square feet of City right-of-way along West Fremont Street.
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 ’general rule exemption’ under Section15061(B)(3) of the State CEQA Guidelines 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, the Community Development Department further determined that this activity conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, LDF Enterprises, LLC, has paid the necessary fees to process this proposed vacation. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map