CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/12/2022
1 SUBJECT:
Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any interest the City May Have to Those Portions of Street RECOMMENDED ACTION:
Adopt the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way to Abandon any Interest the City May Have to Those Portions of Street 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.
In order to vacate or abandon an interest in a public right-of-way a city must follow the applicable statutory processes in California Streets and Highways Code sections 8320 et seq. and 8330 et seq., which have been incorporated into the City’s Administrative Policy No. 5.
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Thus, while the City does not believe the City has actually or impliedly accepted Hotel Way as a public right-of-way, vacating any interest in a public right-of-way must follow the vacation procedures set forth in Administrative Policy No. 5.
The Planning Commission, during its regular meeting of March 7, 2022, adopted a resolution certifying that the vacation conforms to the General Plan and Local Coastal Land UsePlan, and finding that the action is exempt from the California Environmental Quality Act (“CEQA”) (Attachment C).
On August 22, 2022, the City Council during its regular meeting adopted Resolution No. 54- 2022 (Attachment D), 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.
Copy of Resolution No. 54-2022 along with the Notice of Public Hearing were advertised in the Pacifica Tribune on August 24, 2022, and August 31, 2022. Resolution No. 54-2022 and Notice of Public Hearing was also posted at three locations around the subject site from on August 24, 2022, and September 12, 2022.
Because the City does not own the land underlying Hotel Way in fee simple and the City never accepted the dedicated right-of-way, disposition of the land is not subject to the Surplus Land Act (SLA) per Government Code section 54221(b)(1). The State Housing and Community Development Public Lands Team (HCD) has confirmed that vacation of Hotel Way is not subject to the SLA.
The City Manager recommends adoption of the Resolution of the City Council of the City of Pacifica Authorizing the Vacation of Portions of Hotel Way. 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-ofway 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:
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Attachment A - Hotel Way Legal Description Exhibit A (PDF) Attachment B - Hotel Way Plot Map Exhibit B (PDF)
Attachment C - Planning Commission Resolution 2022-005 - Hotel Way Vacation Recommendation to City Council (PDF)
Attachment D - Resolution of Intention By the City Council of the City Of Pacifica to Vacate Portions of Hotel Way (PDF)
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September 12, 2022
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE
VACATION OF A PORTION OF HOTEL WAY
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 B attached hereto and shown in Exhibit C 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, because the City does not own the land underlying Hotel Way in fee simple and the City never accepted the dedicated right-of-way, disposition of the land is not subject to the Surplus Land Act (SLA) per Government Code section 54221(b)(1); and WHEREAS, the State Housing and Community Development Public Lands Team (HCD) has confirmed to the City that vacation of Hotel Way is not subject to the SLA.
WHEREAS, the 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 vacation merely confirms that the Hotel Way ROW is not a public street, does not change development potential, and does 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.
WHEREAS, the vacation of the Hotel Way ROW has been reviewed by appropriate City departments and other public agencies; and
WHEREAS, the City Council did on August 22, 2022, adopt its Resolution No. 54-2022 to vacate the Hotel Way ROW more particularly described in said Resolution of Intention; and WHEREAS, a Notice of Public Hearing to consider the vacation of the Hotel Way ROW was published for at least two successive weeks prior to the September 12, 2022, public hearing in a newspaper that is published in the City of Pacifica and is designated for the Pacifica City Council 5
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publication of notices and was posted at least two weeks before the hearing along the Hotel Way ROW to be vacated, pursuant to Streets and Highways Code Section 8300 et seq; and WHEREAS, on September 12, 2022, the City held a hearing on the vacation of the Hotel Way ROW and heard evidence and testimony from all persons interested; and WHEREAS, the City Council finds that the public interest will be served by extinguishing its interest, to the extent the City has any, in the Hotel Way ROW.
NOW THEREFORE, the City Council of the City of Pacifica does resolve as follows:
1. The City Council hereby finds that the vacation of Hotel Way ROW is exempt from 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 vacation merely confirms 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. The Council further finds on the basis of the whole record before it that there is no substantial evidence that the vacation of Hotel Way ROW will have a significant effect on the environment.
2. The City Council finds that the Hotel Way ROW had never been accepted as a City rightof-way or street, and is not a City right-of-way or street; however, to the extent the Hotel ROW had been accepted as a City right-of-way or street and served as such, the City Council further finds as follows:
2.1. Vacation of the Hotel Way ROW is in conformity with the General Plan; and
2.2. The Hotel Way ROW is unnecessary for present or prospective road use or purpose as a City right-of-way or street.
3. To the extent the Hotel ROW was accepted as a City right-of-way or street and served as such, the City Council hereby vacates the Hotel Way ROW, as more particularly described in Exhibits B and C, pursuant to pursuant to Sections 8330 through 8336 of the California Streets and Highways Code (Summary Vacation), at Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.
4. The City Council hereby directs the City Planner to file a CEQA Notice of Exemption with the County Clerk of San Mateo County within five working days after passage of this resolution.
5. The City Council hereby authorizes the City Clerk to record a certified copy of this resolution, attested by the City Clerk under seal, with the San Mateo County recorder's office at no cost to the city pursuant to Streets and Highways Code section 8336.
6. To the extent the Hotel ROW had been accepted as a City right-of-way or street and served as such, from and after the date this resolution is recorded, it no longer constitutes City right-of-way or street.
• • • •
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of September 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