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Consideration of General Plan Conformity for the Vacation of an Excess Portion of Everett Street Approximately 116-feet Northeasterly of Blanding Avenue. The proposed vacation is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities, and Section15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed street vacation will have a significant effect on the environment
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To: Honorable President and Members of the Planning Board
From: Erin Smith, Public Works Director
Andrew Thomas, Planning, Building and Transportation Director
EXECUTIVE SUMMARY
California Streets and Highways Code Section 8313 and Government Code Section 65402 require the location, purpose, and extent of a street vacation be submitted to, and reported upon, by the Planning Board, and that the Planning Board make a General Plan conformity finding prior to the street vacation. Planning staff has determined that the vacation of an excess portion of Everett Street is consistent with the property’s General and Maritime Industry General Plan land use designation.
The Everett Street right-of-way was created by the Jenks and Mead Homestead Tract recorded June 23, 1869. At the northerly end of the existing right-of-way is privately owned mechanized gate for access to the privately-owned property to the north. The gate is positioned such that 960 square feet of land dedicated as right-of-way is behind, or on the private side, of the gate. See Exhibit 1. On August 6, 2020, the City received an encroachment permit application from the private property owner for various improvements. The City approved the encroachment permit, subject to a condition of approval requiring the owner to either remove the gate or complete a vacation of the subject dedication, now considered “excess right-of-way” along Everett Street. In accordance with the California Streets and Highways Code the City can summarily vacate land that is not needed for public purposes. This action will allow the City to extinguish the dedication for public use of the roadway while retaining needed utility easements.
BACKGROUND
The Everett Street right-of-way originally terminated at the tidal canal; however, in 1959, the right-of-way northeasterly of the subject portion of Everett Street was vacated by the City. The property at the northerly end of Everett Street is fully developed with light industrial uses, outside storage and parking lots.
In 2020, the City issued a permit to the property owner for the reconstruction of the privately-owned parking lot and other improvements at the northerly end of Everett Street. At this end of the right-of-way is a privately-owned mechanized gate for access to the northerly property. The gate is positioned such that 960 square feet of land dedicated as right-of-way is behind, or on the private side, of the gate. See Exhibit 1. There are no other properties that utilize this 960 square feet of Everett Street to access their property. The private property owner prepared a legal description and plat for the excess portion of Everett to be vacated. See Exhibit 2 and 3.
DISCUSSION
The California Streets and Highways Code, Section 8300, et seq., known as the Public Streets, Highways and Service Easements Vacation Law, regulates 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 or public service easement under certain cases: one of which is that the street or service easement has been determined to be excess. The road has been impassable “to public traffic” for at least 5 years, as it has only provided access to the private property owner’s driveway and private parking lot behind the rolling gate. The street does not go through and provides no area-wide circulation. No public maintenance funds have been expended on this stretch of roadway for same reasons as mentioned above. There are separate public sewer easement in the area that will remain in-place for sewer purposes, and a small “public utility easement” for overhead wire utilities that will also remain in-place. These are identified on Exhibit 1.
Since dedication of land along this portion of Everett Street is no longer needed by the City for public access, and provides no area wide circulation, it can be considered to be excess. Note that the Everett Street right-of-way to the south is not being vacated and will remain a public street.
Prior to the vacation, California Government Code Section 65402(a) requires a municipality to confirm that all vacations of right-of-way are consistent with the City’s General Plan. The current land use is classified as General and Maritime Industry under the Alameda 2040 General Plan. Planning staff has determined that the street vacation is consistent with the right-of-way’s General and Maritime Industry General Plan designation.
ENVIRONMENTAL REVIEW
The vacation of the excess right-of-way is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing streets, involving negligible or no expansion of existing or former use, and on a separate and independent basis, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed vacation will have a significant effect on the environment. The proposed action will vacate portions of the right-of-way not needed for public purposes and will not result in direct or indirect physical changes in the environment. None of the exceptions in CEQA Guidelines Section 15300.2 apply.
CLIMATE IMPACTS
There are no climate impact issues associated with this proposal.
RECOMMENDATION
Adopt a resolution finding that the vacation of the excess portion of Everett Street conforms with the General Plan under Government Code Section 65402.
Respectfully submitted,
Erin Smith, Public Works Director
Robert Vance, City Engineer
Reviewed By,
Allen Tai, City Planner
Exhibits:
1. Site Plan
2. Legal Description of the Vacated Right-of-Way
3. Plat of the Vacated Right-of-Way at TC I 2421 Blanding LLC Property
4. Draft Resolution