MEETING DATE:
January 9, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9255 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF NORTH CITY DRIVE WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 21-0002 FOR NORTH CITY EAST PROJECT
Body
Recommendation
Recommendation
APPROVE a resolution (VAC23-0008) ordering the summary vacation and abandonment of the public right-of-way for a portion of North City Drive, as recommended by the Planning Commission.
Body
Board or Commission Action
On April 17, 2023, the Planning Commission considered the proposed vacation and abandonment of public right-of-way for a portion of North City Drive in accordance with Streets and Highways Code Section 8313 and Government Code Section 65402 and found it to be in conformity with the adopted General Plan. Planning Commission accordingly approved Resolution PC 23-5038, recommending that the City Council approve the proposed vacation and abandonment.
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
On July 12, 2022, City Council approved a Tentative Subdivision Map TSM21-0002 in the University District Specific Plan Area. The project allows for the development of 23 commercial and 3 residential condominium units on a 10.96 acre vacant land north of North City Drive, south of East Carmel Street, east of South Twin Oaks Valley Road and west of Campus Way in the University District Specific Plan. The proposed development consists of three mixed-use buildings.
The North City East project proposes to vacate a portion of the North City Drive right-of-way east of Twin Oaks Valley Road and west of Campus Way (Attachment 1). The affected portion of North City Drive was dedicated by Document 2017-0217746, recorded May 15, 2017.
Discussion
California Streets and Highways Code (CSHC) Section 8334(a) provides that the legislative body of a local agency may summarily vacate an excess right-of-way or highway not required for street or highway purposes. The portion of right-of-way proposed to be vacated on North City Drive is in excess, has not been used for, and is not needed for present or future public street purposes. There are no utilities in place within the portion of North City Drive to be vacated. Vacation of the excess right-of-way for North City Drive will allow for the future development of the Phase ‘C’ mixed-use building.
Planning Commission Consideration.
In accordance with California Streets and Highways Code (CSHC) Section 8313 and Government Code Section 65402, the local planning agency is required to consider the proposed vacation action and to report on the conformity with the adopted General Plan. Staff reviewed the limits of the proposed right-of-way vacation, the road and utility infrastructure existing and proposed, and the General Plan. Staff concluded that a public road is not needed along the portion of North City Drive to be vacated.
Pursuant to CSHC Section 8335 and 8336(b), no public hearing is required. On April 17, 2023, Planning Commission considered the proposed vacation and abandonment of excess right-of-way in accordance with CSHC Section 8313 and Government Code Section 65402, and found it to be in conformity with the adopted General Plan. Planning Commission approved Resolution PC 23-5038 (VAC23-0008) recommending City Council approve the summary vacation and abandonment of public right-of-way for a portion of North City Drive.
If City Council orders the vacation and abandonment, the vacated right-of-way will revert to the underlying owner, which will remove an encumbrance on the property to allow use of the area by the proposed development.
Environmental Review
The proposed vacation and abandonment of excess right-of-way is within the scope of the certified Final Environmental Impact Report (FEIR) (SCH No. 2008101083), which is in accordance with the California Environmental Quality Act (CEQA) Section 15162. Further, the proposed vacation and abandonment is deemed Categorically Exempt pursuant to Section 15305 Class 5 (Minor Alterations in Land Use Limitations), in that this is a minor realignment of right-of-way.
Fiscal Impact
There is no fiscal impact associated with the adoption of the Resolution.
Attachments
1. Vicinity Map Exhibit
2. Resolution No. 2024-#### (VAC23-0008)
Prepared by: Kyrenne Chua, Principal Civil Engineer
Reviewed by: Stephanie Kellar, Deputy City Engineer
Reviewed by: Beth Herzog, Administrative Services Manager
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager