Title
Public Hearing to Consider Adoption of Resolution to Summarily Vacate an Excess Portion of Everett Street Approximately 116-feet Northeasterly of Blanding Avenue in the City of Alameda Pursuant to Streets and Highways Code, Sections 8330, et seq. (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Streets and Highways Code, Section 8300, et seq., known as the Public Streets, Highways and Service Easements Vacation Law, regulates the process for vacating streets and highways. Specifically, Section 8330, et seq., allows a local agency to summarily vacate a street in specified circumstances, including where the street has been impassible for vehicular travel for five consecutive years and no public funds have been expended for maintenance on the street for that period; or where the local agency has determined that the portion to be vacated is excess right-of-way of a street not required for street or highway purposes
Here, the portion of street that staff is proposing for vacation is located on Everett Street approximately 116 feet northeasterly of Blanding Avenue. At the northerly end of the existing right-of-way along Everett Street is a 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. Since this portion of Everett Street is no longer needed by the City for public access or street or highway purposes, and provides no area wide circulation, it is excess and may be vacated.
On May 23, 2022, the Planning Board adopted a resolution finding that the vacation of the excess portion of Everett Street conforms with the General Plan.
Staff requests that the City Council adopt a resolution to summarily vacate the excess portion of Everett Street, while reserving and maintaining all existing easements along the portion to be vacated. 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 right-of-way is behind, or on the private side, of the gate. See Exhibit 1. At the City’s direction, the private property owner prepared a legal description and plat for the excess portion of Everett to be vacated which are attached as Exhibits 2 and 3.
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. On May 23, 2022, the Planning Board adopted a resolution finding that the vacation of the excess portion of Everett Street conforms with the General Plan.
DISCUSSION
The street portion at issue here has been impassable to vehicular traffic for at least five years and no public maintenance funds have been expended for maintenance on it during that period. The street portion only provides access to the private property owner’s driveway and private parking lot behind the rolling gate. The street portion does not go through and provides no area-wide circulation, and is not otherwise required for street or highway purposes.
There are separate public sewer easements in the area that will be reserved from the vacation and maintained for sewer purposes, and a small public utility easement for overhead wire utilities that will also be reserved and maintained. These easements are identified on Exhibit 1.
Note that the Everett Street right-of-way to the south is not being vacated and will remain a public street.
ALTERNATIVES
• Adopt the resolution finding that the vacation of the excess portion of Everett Street conforms to the General Plan.
• Do not adopt the resolution. This would require the mechanized gate to be moved and the City to commence maintenance of the subject land.
FISCAL IMPACT
There is no direct fiscal impact associated with the vacation of the small strip of excess city owned land along Everett Street.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Everett Street right-of-way north of Blanding Avenue serves two landowners and is not needed for area wide circulation. There are no anticipated traffic impacts associated with the proposed vacation.
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; pursuant to Section 15305 as a minor alteration in land use limitations; and pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the 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 identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution to summarily vacate an excess portion of Everett Street approximately 116-feet northeasterly of Blanding Avenue in the City of Alameda, under State Streets and Highways Code, Sections 8330, et seq.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Robert Vance, Deputy Public Works Director/City Engineer
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. Notice of Public Hearing
cc: Dirk Brazil, Interim City Manager