Agenda Item Wording:
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Adopt Resolution 2021-63 ordering the Summary Vacation and Abandonment of a portion of public street right-of-way at the northwest corner of North Bridge Street and East Oak Avenue; and authorize the City Manager to execute required deeds associated with the right-of-way abandonment.
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Deadline for Action: 11/15/2021
Submitting Department: Community Development
Contact Name and Phone Number:
Jeff Land, Professional Land Surveyor, jeff.land@visalia.city <mailto:jeff.land@visalia.city>, (559) 713-4630
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council adopt Resolution 2021-63 ordering the Summary Vacation and Abandonment of a portion of the public street right-of-way at the northwest corner of North Bridge Street and East Oak Avenue and authorize the City Manager to execute the required deeds associated with the abandonment.
Summary:
Self Help Enterprises (SHE) has acquired a parcel of land from the City of Visalia for the future development of a project known as “The Lofts”, a three-story mixed-use development consisting of 80 residential units, office space, art gallery and community room. The parcel is located at 300 East Oak Avenue and is comprised of a several parcels from the original subdivision of Visalia. The site is bounded by School Avenue to the north, Oak Avenue to the south, Bridge Street to the east and Garden Street to the west. During the preparation of the site plan, it was determined that the City has an excess amount of public right-of-way (133 square feet) that is not in current use (see attached Right-of-Way Abandonment exhibit). SHE has requested this excess right-of-way be abandoned so that this 133 square foot area may be incorporated into their site improvements.
Background Discussion:
In 1952, the City of Visalia acquired additional right-of-way along the Oak Street frontage for right-of-way purposes from the property owner of 300 East Oak Avenue. The additional right-of-way acquired was eight (8) feet in width. Based on the site’s development, the back of sidewalk is at the right-of-way line. However, as you traverse towards the Bridge Street/Oak Avenue corner, the right-of-way departs from the back of the sidewalk and heads in a northeasterly direction which has created an area of unimproved right-of-way (see attached Right-of-Way Abandonment exhibit). Historical aerials from 2001 show the improvements following the dedicated right-of-way. By 2003, the aerials show that the improvements have been relocated and in doing so created an excess of unimproved right-of-way that is no longer being used by the public (see attached 2001 and 2003 Aerial Exhibits).
In November 2010, the City of Visalia acquired this site (i.e., 300 East Oak Avenue), and recently sold the property to Self Help Enterprises. Self Help Enterprises has obtained approval of their discretionary entitlement to develop the site with a three-story mixed-used residential and commercial/office development referred to as the “Lofts”. During the preparation of the site plan for the Lofts development, it was determined that the City has an excess amount of public right-of-way (133 square feet) that is not in current use. SHE has requested this excess right-of-way be abandoned so that this area may be incorporated into their overall site improvements.
The summary vacation and abandonment of the 133 square feet of right-of-way (see Exhibit “A” - Legal Description and Exhibit “B” - Abandonment Map) 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 or terminate a street that has been impassable for a period of five consecutive years and no public money was expended for maintenance on the street during such period as stated in section 8331 and for any excess right-of-way in any of the following cases 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:
Streets and Highway Code Section 8331:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
Streets and Highway Code Section 8334:
(a) An excess right-of-way of a street or highway not required for street or highway purposes.
Both conditions specified in paragraphs “a” and “b” of California Streets and Highways Code section 8331 apply, the excess 133 square feet of right-of-way area has been effectively impassable for usage for more than five consecutive years, since the area used by pedestrians and vehicles was modified sometime between 2001 and 2003, and no public money has been expended in that period to maintain this area for at least five consecutive years. In addition, the Streets and Highways Code section 8334(a) applies as sufficient justification to support summary abandonment since this133 square foot section of street is in excess and not required for street purposes.
Fiscal Impact:
N/A
Prior Council Action:
• On August 5, 2019, the City Council authorized staff to begin negotiations with SHE for acquisition of the land located at 300 East Oak Avenue.
• On September 16, 2019, the City Council authorized staff to execute a Purchase and Sale Option Agreement with SHE.
• On November 16, 2020, the City Council authorized staff to execute a letter of preliminary award with contingencies and conditions for a commitment of HOME and Successor Agency Housing Funds.
• On August 16, 2021, the City Council introduced the First reading of Ordinance 2021-07 authorizing sale of 300 East Oak Avenue to SHE.
Other:
• On December 9, 2019, the Planning Commission approved Conditional Use Permit No. 20219-40, a request by SHE to develop a mixed-use project consisting of an 80-unit multi-family component in three-story buildings, and commercial uses, including art gallery space, offices, computer lab, and laundry room
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2021-63, ordering the Summary Vacation and Abandonment of a portion of public street right-of-way at the northwest corner of North Bridge Street and East Oak Avenue and to authorize the City Manager to execute the required deeds associated with the abandonment
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Environmental Assessment Status: Categorical Exemption
CEQA Review:
The Lofts project is considered Categorically Exempt under Section 15332 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2019-80).
Attachments:
1. Resolution 2021-63 Summary Vacation and Right-of-Way Abandonment
2. Right-of-Way Abandonment Exhibit
3. 2001 Aerial Right-of-Way Exhibit
4. 2003 Aerial Right-of-Way Exhibit
5. Exhibit A - Legal Description
6. Exhibit B - Abandonment Map