City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 07/09/2024
Subject: Partial Right-of-Way Abandonment - Maple Avenue RECOMMENDED ACTION:
Staff recommends that the City Council adopt the Resolution declaring the vacation and abandonment of a portion of public right-of-way adjacent to the property located at 435 Maple Avenue.
BACKGROUND:
The City Council is required to go through a three-step process in which the final step is a public hearing at a City Council meeting when considering authorizing abandonment of any public right-of-way.
At the May 15, 2023 Planning Commission meeting, the Commission approved the construction of a greenhouse and campus maintenance facility on the Ripon Christian High School Campus, located at 435 Maple Avenue. During review of that project, it was discovered that the City of Ripon still owned right-of-way for the old cul-de-sac turn around which existed prior to Maple Avenue extension. As such, the applicant did submit an abandonment application on October 18, 2023 for a right-of-way abandonment for the extra right-of-way that used to be for the old Maple Avenue turn around.
As part of the abandonment process staff reached out to all the utility companies to inquire if any had any utilities within the right-of-way. The City received no comments back regarding this abandonment proposal.
As this portion of right-of-way is not planned to be used for access to the property fronting on the street, staff feels that its abandonment would not adversely affect the general vehicular and pedestrian circulation in the area.
ABANDONMENT PROCEDURE:
The proposed abandonment has gained approval from both City Council (May 14, 2024) and Planning Commission (May 20, 2024) and is subject to a public hearing before adoption. The public hearing is considered the final procedure in the three step process required for authorization of any Public Right-of-Way Abandonments. Should the City Council consider the abandonment favorably, a Resolution ordering the vacation and abandonment of the public rightof-way will be recorded.
ENVIRONMENTAL REVIEW:
The proposed public utility abandonment is Categorically Exempt under Class 5, minor alterations in land use, of the current State of California Environmental Quality Act (CEQA) Guidelines.
Attachments:
1. Exhibit C
2. Public Hearing Notice
RESOLUTION NO. 24-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON FOR THE VACATION AND ABANDONMENT OF A
PORTION OF PUBLIC RIGHT-OF-WAY ADJACENT TO THE
PROPERTY AT 435 MAPLE AVENUE
WHEREAS, on May 14, 2024, the City Council of the City of Ripon adopted Resolution No. 24-11 declaring the intention of the City to abandon a portion of public right-of-way adjacent to the property at 435 Maple Avenue (Exhibit C); and WHEREAS, the Planning Commission of the City of Ripon held a public meeting on this subject on May 20, 2024, to consider the aforementioned proposed abandonment and has reported to the City Council that said proposed abandonment conforms with the City’s General Plan and has recommended that it be abandoned as proposed; and WHEREAS, a public hearing was held before the City Council of the City of Ripon regarding the foregoing matter on June 11, 2024; and
WHEREAS, notice of said public hearing was duly made by publication, mailing, and posting as required by law, and proof thereof is on file with the Planning Department of the City of Ripon; and
WHEREAS, no protests were filed with or received by said City Council; and WHEREAS, the City Council finds that the public convenience and necessity require that utility easements be reserved within the area to be vacated.
IT APPEARING to the City Council of the City of Ripon that the public right-of-way should be abandoned pursuant to Exhibit C for the reason that it is no longer needed and that public convenience, necessity, and the best interests of the citizens of the City of Ripon will be served by such abandonment.
NOW, THEREFORE, the City of Ripon, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore, BE IT AND IT IS HEREBY RESOLVED by the City of Ripon
A) That said City Council does hereby abandon, to the full extent permitted by law, the portion of public right-of-way adjacent to the property located at 435 Maple Avenue as depicted in Exhibit C of said public right-of-way, attached hereto. Exhibit is incorporated herein and made a part hereof; and
B) That said abandonment is consistent with the General Plan; and C) That said abandonment is exempt under current California Environmental Quality Act Guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of July, 2024, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk