CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/22/2022
1 SUBJECT:
Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022.
RECOMMENDED ACTION:
Adopt the Resolution of Intention By the City Council of the City of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022.
STAFF CONTACT:
Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Sam Bautista, P.E., Deputy Director of Public Works
(650) 738-3767
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
On October 29, 2020, the City of Pacifica received a request from adjacent landowner Mr. Kerry Vosburg to vacate Hotel Way right-of-way (ROW) located between Pacific Avenue and Brighton Road in the West Sharp Park neighborhood. Hotel Way is a strip of unimproved land approximately 221 feet long and 20 feet wide which runs along the side and rear of five residential properties, which is used as private rather than public right-of-way, and is described in Attachment A and shown on a map in Attachment B.
In 1908, prior to the City’s incorporation, the San Mateo County Board of Supervisors, as the legislative body with authority over the area in question, rejected an offer of dedication of a public easement for street purposes along the area identified as Hotel Way in the “Subdivision No. 2 of Brighton Beach” map (RSM 6/4). Thus, the County, as the City’s predecessor-ininterest, did not formally accept Hotel Way as a public right-of-way for public street use, and neither did the City. Further, the City has identified no evidence that might suggest the City impliedly accepted (or that the County had impliedly accepted before the City incorporated), Hotel Way as a public right-of-way by paving, improving, maintaining, or otherwise treating Hotel Way as a public right-of-way. However, in an abundance of caution and for the purposes of ensuring transparency as to the status of Hotel Way, staff has recommended that the City publicly act to vacate any interest it may have in Hotel Way.
The Planning Commission, during its regular meeting of March 7, 2022, adopted a resolution certifying that the proposed vacation conforms to the General Plan and Local Coastal Land Use Pacifica City Council 2
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Plan, and finding that the action is exempt from the California Environmental Quality Act (“CEQA”) (Attachment C).
Per City of Pacifica Administrative Policy No. 5, at the direction of the City Council the City Clerk shall initiate the vacation proceeding by administratively fixing the date, hour, and place of a hearing on the proposed vacation.
The City Manager recommends adoption of the Resolution of Intention by the City Council of the City of Pacifica to Vacate Portions of Hotel Way and Setting the Public Hearing for September 12, 2022. The Resolution contains all required information per Administrative Policy No. 5.
ALTERNATIVE ACTION:
Council may choose not to adopt the Resolution, but this will result in the area being unresolved and the City arguably being accountable for future maintenance. Therefore, staff does not recommend this alternative action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the Resolution is consistent with the following Council adopted Goal:
• Stewardship of City Infrastructure includes repairing/replacing outdated city facilities, improving streets, stormwater and wastewater infrastructure, and responding to impacts of sea level rise and other effects of climate change. Vacation of the right-of-way allows for City resources to be directed to other City-owned property.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption the resolution.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment A - Hotel Way Legal Description(PDF)
Attachment B - Hotel Way Plot Map (PDF)
Attachment C - Planning Commission Resolution dated March 7, 2022 (PDF) Pacifica City Council 3
August 22, 2022
RESOLUTION NO. _______
RESOLUTION OF INTENTION BY THE CITY COUNCIL OF THE CITY OF PACIFICA TO
VACATE A PORTION OF HOTEL WAY, AND SETTING THE PUBLIC
HEARING FOR SEPTEMBER 12, 2022
WHEREAS, the City of Pacifica, pursuant to Streets and Highways Code Section 8300 et seq., is authorized to vacate public streets and rights-of-ways; and WHEREAS, the City received a request to vacate a portion of the Hotel Way right-of-way located between Pacific Avenue and Brighton Road in the West Sharp Park neighborhood, more particularly described in Exhibit A attached hereto and shown in Exhibit B attached hereto (Hotel Way ROW); and
WHEREAS, the Hotel Way ROW is a strip of unimproved land approximately 221 feet long and 20 feet wide which runs along the side and rear of five residential properties, which in or around 1908 was offered for dedication as a public right-of-way but never accepted as such, and has been used as private rather than public right-of-way; and WHEREAS, Hotel Way ROW is not required for public street or right-of-way purposes or any other public purpose; and
WHEREAS, granting the vacation request will confirm that the Hotel Way ROW is privately owned and not a public street or right-of-way; and WHEREAS, the City Council will consider vacating and extinguish its interest—to the extent it has any—in the Hotel Way ROW pursuant to Sections 8330 through 8336 of the California Streets and Highways Code (Summary Vacation), as Hotel Way ROW is described in Exhibit A and shown on Exhibit B; and
WHEREAS, the proposed vacation is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption) and the categorical exemptions of Sections 15301 and 15305 (Class 1/Existing Facilities Exemption and Class 5/Minor Alterations in Land Use Limitations Exemption, respectively), including without limitation that proposed vacation will merely confirm that the Hotel Way ROW is not a public street, will not change development potential, and will not create any possibility of a significant effect on the environment, and because none of the exceptions of Section 15300.2 to the Class 1 and Class 5 Categorical Exemptions applies.
NOW THEREFORE, the City Council of the City of Pacifica does resolve as follows:
1. Notice is hereby given that Monday, the 12th Day of September 2022, at the hour of 7:00 o’clock p.m. as a teleconference meeting only (no physical meeting location) is hereby fixed as the date, time, and place when and where all persons interested in or having objections to the proposed vacation of a portion of Hotel Way right-of-way may appear before said Council and be heard. Anyone interested in observing the meeting or providing public comments should refer to the meeting agenda for further details. The City of Pacifica will publish the Pacifica City Council 4
August 22, 2022
meeting agenda not less than 72 hours prior to the meeting. The agenda will be available online at https://pacificacityca.iqm2.com and will also be posted in the Community Center window at 540 Crespi Drive in Pacifica; and
2. A copy of this resolution shall be published for at least two successive weeks prior to the set hearing date in the Pacifica Tribune, a newspaper of general circulation, printed and published in the said city in the manner prescribed by law for publishing ordinances in the said city; and
3. Notice of the vacation stating the passage of this Resolution of Intent, including the time, date and place of the hearing shall be posted conspicuously along the line of street or part thereof proposed to be vacated, at least two weeks before the date set for the hearing and not less than three weeks, notice shall be posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of August, 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney