DATE: April 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution of Intention to Vacate a Public Utilities Easement at 603 A Street and Setting the Date and Time of the Public Hearing
RECOMMENDATION
That the Council adopts a Resolution of Intention (Attachment II) to vacate an existing Public Utilities Easement (PUE) at 603 A Street and scheduling a public hearing on May 3, 2022.
SUMMARY
The City acquired a PUE near the northwest corner of 603 A Street in Hayward in 1993 and has since moved all facilities out of the PUE. The City no longer has need for the easement and the property owner at 603 A Street has requested that the City vacate the PUE to increase the development potential of the lot.
BACKGROUND
The PUE was granted to the City in 1993 to support the A Street Lighting Isolation Project, Instrument No. 93-209864, recorded June 14, 1993, and included in Attachment III and depicted on the Site Plan in Attachment IV. Subsequent improvements at the intersection including modifications to the traffic signal removed all facilities from the PUE and the City no longer has a need for the easement.
DISCUSSION
The proposed vacation conforms to the general guidelines of the General Plan, which calls for improving the local economy, increasing the tax base, and generating public revenue. The proposed vacation will make the area of the PUE, approximately 130 square feet near the intersection of A Street and Grand Street available for development by the property owner at 603 A Street.
The vacation of a PUE is governed by California Streets and Highways Code Section 8300 et seq. which allows for a vacation of a PUE if the easement has been superseded by relocation and there are no other public facilities located within the easement. The vacation process requires Council to adopt a resolution of intent to vacate the easement, and set a date and time for a public hearing of all persons interested in or objecting to the proposed vacation. The City has also sent notices to potentially affected public utilities advising of the intention to vacation the PUE. Notice of Public Hearing complying with requirements of the Streets and Highways Code will be published and posted on-site.
The proposed PUE vacation is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Class 5 minor alterations in land use limitations.
ECONOMIC AND FISCAL IMPACT
Vacation of the PUE, by itself, will not have a fiscal or economic impact. The additional development potential created by the vacated PUE may improve commerce, provide needed housing, and employ construction workers. Property tax revenues received by the City and several other local agencies will incrementally increase if a development at 603 A Street is constructed and occupied.
STRATEGIC ROADMAP
Approval of the PUE vacation supports the Preserve, Protect, & Produce Housing priority in the City’s Strategic Roadmap, by increasing the development potential of 603 A Street and providing a mix of housing stock for all Hayward residents and community members, including the expansion of affordable housing opportunities and resources.
SUSTAINABILITY FEATURES
The proposed action would allow better land use at 603 A Street and support the development of a previously blighted property.
NEXT STEPS
If approved, the Resolution of Intention will set a public hearing date of May 3, 2022 to afford interested persons an opportunity to be heard prior to vacating the PUE at 603 A Street. Vacating the PUE will increase the developable area for 603 A Street; however, any development of this property would follow standard planning entitlement process, State Law, and City Ordinances.
Prepared by: Scott Wikstrom, Development Services Engineer Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager