Agenda Item Wording:
title
Alley Abandonment North of Meadow Ave - Request authorization to adopt Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway owned by the City of Visalia dedicated under the subdivision map, Beverly Glen and reserving a public utility easement (APNs: 096-023-031 & 096-023-023).
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Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number: Keyshawn Ford, Assistant Engineer, keyshawn.ford@visalia.city <mailto:keyshawn.ford@visalia.city>, (559)713,4268, Lupe Garcia, Acting City Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>, (559)713-4197, Jason Huckleberry, Engineering and Building Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>, (559)713-4495
Department Recommendation:
Staff recommends that City Council adopt Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway dedicated under the subdivision map, Beverly Glen, and the reservation of a public utility easement, without the need of a public hearing.
Background Discussion:
The Beverly Glen subdivision was recorded June 13, 1949 and spans Meadow Avenue to Beverly Drive between Mooney Boulevard and Divisadero Street as shown in Exhibit “A”. The alleyway between Lots 12, 13 and 14, approximately 150’ in length, was dedicated to the City to allow access to the public utilities located in the area.
The current property owner, Ming Lu, is developing on all three lots. As approved by the Visalia Planning Commission, the project is modifying the boundaries of the commercial property to provide additional parking spaces, while still leaving a vacant residential lot between the revised commercial space and the existing home to the east. A copy of the site plan, Exhibit B, is attached for reference. Phase 1 of the project proposes a portion of the building be developed as the Tiger Tea House and the remaining shell be dedicated for future retail or restaurant space.
While there are existing public utilities within the area of the alleyway being abandoned by the City, those utilities will not be affected due to the reservation of a public utilities easement and the future parking lot will not interfere with access to said public utilities.
The vacation and abandonment of the alleyway meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate right of way under any of the following circumstances stated in Section 8334 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
a) An excess right-of-way of a street or highway not required for street or highway purposes.
b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.
Under paragraph “a” of the referenced California Streets and Highways Code, the alleyway is in excess and not required for street or highway purposes, therefore, it can be vacated. The alleyway is not accessible from the properties to the north, but it is adjacent to the two northern properties, specifically the back fence and landscaped parking area of the restaurant to the north, therefor only Section 8334(a) applies. The alley is no longer necessary for street purposes since the properties to the north have been fully built out and it is no longer viable for the alley to be extended in the future. Furthermore, based on the configuration of the area it would not be recommended for the City to incur costs maintaining this space. Continuing to hold the public right of way serves no municipal purpose if a public utility easement can continue over the same area since the parking lot and public utility easement can utilize the same space.
As stated in Section 8340 under Chapter 5 (Reservation and Preservation of Easements), in proceeding to vacate a street or highway the City can reserve public utilities easements:
a. A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
b. A local agency may reserve and except from vacation an easement for a future street or highway unless the local agency finds that the street or highway is unnecessary for prospective public use.
c. If there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities.
d. A public entity may reserve and except from the vacation or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
Under paragraphs “a” and “c” of the referenced California Streets and Highways Code, since there are public utilities in use, an easement may be reserved to maintain, operate, replace, remove, or renew said public utility facilities. City staff are requesting a reservation for public utility facilities over the current alleyway.
Fiscal Impact:
None
Prior Council Action: Resolution No. 2022-46 and the associated General Plan Amendment (GPA) No. 2021-10, approved by Council on August 1, 2022, changed the land use designation on a portion of Lot 12 from Low Density Residential (RLD) to Commercial Mixed Use (CMU). The Change of Zone (COZ) Ordinance No. 2022-11 and the associated COZ No. 2021-12, approved by Council on August 15, 2022, changed the zoning designation on a portion of Lot 12 from Single-Family Residential to Mixed Use Commercial. Resolution No. 2021-57 and the associated Variance No. 2021-05 was approved by the Planning Commission on June 27, 2022, with one of the underlying conditions being the vacation of the alleyway.
Other: N/A
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution No. 2024-03, ordering the summary vacation and abandonment of the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision and reservation of a public utility easement.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1) Resolution No. 2024-03
2) Location Map
3) Exhibit A - Beverly Glen Final Map
4) Exhibit B - Tiger Tea Site Plan