Agenda Item Wording:
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Request authorization to adopt Resolution No. 2023-53 ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.
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Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>, (559) 713-4197
Jason Huckleberry, Assistant Com Dev Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>, (559) 713-4495
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4023
Department Recommendation:
Staff recommends that City Council authorizes the adoption of Resolution No. 2023-53 ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.
Background Discussion:
Parcel Map 4869 was approved for recordation in 2007 by City Council, dedicating Lot’s C and D for landscaping, sidewalk, and maintenance thereof and an Ingress/Egress easement across Parcel 9 for access to the City’s storm basin, commonly referred to as the “Piano Basin”, to the City of Visalia. To this day, the easement dedicated with Parcel Map 4869 has not been used and will be relocated as discussed further below.
In 2020, plans for the development of Visalia RV Storage Park were submitted to the city under Building Permit No. B204641. The proposed development is a 5.7-acre RV storage facility with 157 stalls, a 2.7-acre space designated for a future self-storage facility, and 0.8 acres of land for the development of three single-family residences. The development’s Conditional Zoning Agreement (CZA) No. 2019-10, stated as Second Amended and Restated Conditional Zoning Agreement No. 2005-02, requires the RV Storage Park to relocate the existing pedestrian access trail through Lot D of Parcel Map 4869 leading from Elowin Street to the walking path around the City’s storm basin. It also requires the City to relocate Lot C to accommodate the three proposed single-family residences (reference the attached “CZA No. 2019-10 Plat”). The existing ingress/egress easement will be abandoned, and a new access point will be dedicated to the City to access the storm basin.
Findings for Summary Vacation and Abandonment of Lot’s C and D of Parcel Map 4869:
Lot’s C and D of Parcel Map 4869 are being vacated. The vacation of these two parcels meets the definition of Streets and Highways Code Section 8308, as follows:
“Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway.
Under Government Code Section 7050, a City can abandon dedicated lots as follows.
Government Code Section 7050:
With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.
Such offer of dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. Such termination and abandonment may be by the city council of the city within which such real property is located or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.
The procedure prescribed by this section shall be alternative to any other procedure authorized by law.
The vacation and abandonment of Lot’s C and D meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. The Legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation as stated in Section 8330 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 Highways Code Section 8330:
(a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.
(b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:
1. Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.
2. Terminate a public service easement unless the easement satisfies the requirements of Section 8333.
Under paragraph (a) of the referenced California Streets and Highways Code, Section 8330, the Lots have been superseded by relocation.
Findings for Easement Vacation:
The ingress/egress easement being vacated meets the definition of Streets and Highways Code Section 8306, definition of public service easement as follows:
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340.
The vacation and abandonment portion of the public service easement meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code as stated above. A local agency may summarily vacate or terminate the excess public service easement in any of the following cases as stated in Section 8333 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 Highways Code Section 8333:
The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Under paragraph (a) of the referenced California Streets and Highways Code, Section 8333, the public service easement has not been used for the five consecutive years preceding this proposed vacation. In addition, under paragraph (c) the easement has been superseded by relocated and there are no public facilities within the area to be vacated.
Fiscal Impact:
None
Prior Council Action:
• On December 16, 2019, the City Council approved Conditional Zoning Agreement 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02.
• On May 7, 2007, the City Council approved for recordation Parcel Map 4869.
Other:
• On October 28, 2019, the Planning Commission approved Conditional Zoning Agreement 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02.
• On June 26, 2006, the Planning Commission approved Tentative Parcel Map 2006-09 (Parcel Map 4869).
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution 2023-___ ordering the summary vacation and abandonment of Lot C, Lot D, and the easement to the City of Visalia for Ingress/Egress over Parcel 9 of Parcel Map 4869, recorded in Book 49 of Parcel Maps at page 74, Tulare County Records.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1) Resolution No. 2023-53
2) Aerial Map
3) Parcel Map 4869
4) CZA 2019-10 Plat
5) Conditional Zoning Agreement No. 2019-10, Second Amended and Restated Conditional Zoning Agreement No. 2005-02