Title
Adoption of Resolution to Summarily Vacate an Excess Portion of Mosley Avenue Between Bette Street and Lakehurst Circle in the City of Alameda (North Housing), Under Streets and Highways Code, Sections 8330, et seq. (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Council approved the North Housing Tentative Map on September 20, 2021 and included a condition of approval requiring the applicant to request the City to vacate a strip of land considered “excess City property” along Mosley Avenue. The strip of land (approximately 0.25 acre) is not improved and is not being actively maintained by the City of Alameda (City). There is a small private sewer pump station near the intersection of Mosley Avenue and Lakehurst Circle on the subject land to be vacated that will not be impacted, as the easement for that purpose will remain on the vacated property.
In accordance with the California Streets and Highways Code, the City may summarily vacate right of way that is not needed for public purposes. After this property is vacated, City will transfer this small strip of land to the Housing Authority and Habitat for Humanity where it abuts their existing parcels.
BACKGROUND
The North Housing Project application was made on February 24, 2020 by the City’s Housing Authority (AHA) to create 11 lots on approximately 12.07 acres of land located at 501 Mosley Avenue in Alameda in accordance with Government Code Section 65913.4 providing for ministerial approval of infill affordable housing projects.
On August 17, 2020, the Planning Board approved a Development Plan and Density Bonus application, finding that the proposed development of the property is eligible for review under Government Code Section 65913.4, thereby qualifying the project for streamlined ministerial review. The findings and approval included consideration of a proposed vacation of right-of-way, a strip of land located along the edge of Mosley Avenue, west of Betta Avenue and Lakehurst Circle (see Enclosures 1, 2 and 3), and conditioned the developer to request this action by the City.
On the same date, the Planning Board adopted Resolution No. PB-20-17 recommending the City Council approve Tentative Map Tract No. 8561 to allow the subdivision of 11 lots on approximately 12.07 acres.
On September 15, 2020, the City Council adopted Resolution No. 15689 approving the Tentative Map 8561 for the North Housing Project subdivision. The Final Map, as of the date of this report, has not been submitted. The tentative map considered the need for a small strip of land (excess right-of-way) owned by the City to be transferred to the Housing Authority.
Mosley Avenue was improved by the Admiral’s Cove development. Both the North Housing development, as tentatively approved, and the future Habitat for Humanity property, will not be directly accessed from Mosley Avenue. A small private (Admiral’s Cove) sewer pump station near the intersection of Mosley Avenue and Lakehurst Circle exists on the parcel; however, it will be unaffected by the proposed vacation as the easement for that purpose will remain on the vacated right of way.
DISCUSSION
The State Streets and Highways Code, Section 8300, et seq., sets forth the process for vacating public rights of way and service easements. Specifically, Section 8330, et seq., allows a local agency to summarily vacate a street under certain circumstances, one of which is that the street has been determined to be excess, i.e., not necessary for public purposes. See Streets & Highways Code Section 8334. The land to be vacated is excess right-of-way that is owned in fee by the City of Alameda and beyond the ultimate width of the street needed to construct and maintain the public roadway, sidewalks, and utilities. See Figure 1 below. The proposed vacated lands are not needed to access the adjacent properties on the south side of the road (the Alameda Housing Authority and the Habitat for Humanity sites). Those sites are or will be accessed from Lakehurst Circle and the future Mabuhay Street. Note that the remainder of Mosley Avenue is not being vacated and will remain a public street.
FIGURE 1: AREA TO BE VACATED BETWEEN LAKEHURST CIRCLE AND BETTE AVE
Once the right-of-way is vacated, the City may convey it in fee to the Housing Authority for development as contemplated in the tentative map review process.
ALTERNATIVES
• Adopt the resolution summarily vacating a portion of Mosley Avenue.
• Do not adopt the resolution and provide direction to staff.
FINANCIAL MPACT
There is no direct fiscal impact associated with the vacation of the small strip of excess city owned land along Mosley Avenue.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The status of the Mosley Avenue right-of-way underwent a significant public review process as the North Housing tentative map was processed by the City, and the project went through significant design refinements prior to its approval by the City Council in 2020. The traffic impacts associated with the proposed subdivision area were deliberated as part of the North Housing project approval.
ENVIRONMENTAL REVIEW
Vacating this right-of-way is categorically exempt from the California Environmental Quality Act (CEQA) as a minor alteration in land use limitations (CEQA Guidelines, Section 15305). The Streets and Highway Code does not require specific neighborhood notification for summary vacations of easements or rights-of-way.
CLIMATE IMPACT
As identified in the Climate Action and Resiliency Plan, transportation is the largest source of greenhouse gas emissions in the city. Making streets safer and prioritizing people who walk, bike and/or use transit will encourage more of these trips and fewer automobile trips. The proposed summary vacation eliminates excess right-of-way not needed for transportation purposes.
RECOMMENDATION
Adopt a resolution to summarily vacate a portion of Mosley Avenue between Bette Street and Lakehurst Circle in the City of Alameda, under State Streets and Highways Code, Sections 8330, et seq.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation to adopt a resolution to summarily vacate a portion of Mosley Avenue between Bette Street and Lakehurst Circle in the City of Alameda.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Russell S. Thompson, Interim Supervising Engineer
Financial Impact section reviewed,
Annie To, Finance Director
Exhibits:
1. Legal Description of the Vacated Right-of-Way
2. Plat of the Vacated Right-of-Way at Housing Authority Property
3. Plat of the Vacated Right-of-Way at Habitat for Humanity Property
cc: Eric Levitt, City Manager