City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JANUARY 23, 2024 FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 4
DEPARTMENT
SUBJECT: PLANNING CASE PR-2021-001180 - STREET VACATION AND STREET NAME CHANGE – A REQUEST TO VACATE SPENCER COURT AND A STREET NAME CHANGE FROM “SPENCER COURT” TO “ARYANA VIEW COURT”, SITUATED ON THE EAST SIDE OF GREEN ORCHARD PLACE BETWEEN LONE PEAK COURT AND CRYSTAL VIEW TERRACE, TO FACILITATE A GATED RESIDENTIAL COMMUNITY ISSUE:
Approve a proposal by Shahvand Aryana to 1) vacate Spencer Court, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, and 2) change the street name from “Spencer Court” to “Aryana View Court.” RECOMMENDATION:
That the City Council:
Determine that this proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility the project will have a significant effect on the environment.
Approve Planning Case PR-2021-001180 (Street Vacation and Street Name Change), based on the findings outlined in the staff report and subject to the recommended conditions.
Adopt the attached Resolution vacating the subject right-of-way pursuant to the Public Streets, Highways and Service Easements Vacation Law (Attachment 1); and Adopt the attached Resolution changing the street name from “Spencer Court” to “Aryana View Court.” (Attachment 2) PLANNING COMMISSION RECOMMENDATION:
On October 13, 2022, the City Planning Commission recommended approval of Planning Case PR-2021-001180, a request for a Street Vacation to vacate Spencer Court and a Street Name Change to change the name of Spencer Court to “Aryana View Court”, by a vote of 7 ayes, 0 noes, and 1 absent (Attachments 3, 4 & 5).
BACKGROUND:
On December 19, 2023, the City Council adopted Resolution No. 24068, pursuant to the Public Streets, Highways and Service Easements Vacation Law, declaring its intent to hold a public hearing on January 23, 2024, to consider a Street Vacation of Spencer Court, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, to facilitate a gated residential community (Attachments 6 and 7).
Spencer Court, a 60-foot-wide local street, connects with Green Orchard Terrace to the west and terminates approximately 500-feet to the east in a cul-de-sac. The public street currently serves nine vacant lots, six of which are owned by the applicant and the remainder by Mike Sadeghian. The street was identified as “Lot A” on Tract Map 31502 and dedicated the street to the City for “public use for public street and public utility purposes”. The street is fully improved with pavement, gutter, curb, and sidewalks.
Surrounding land uses include single family residential to the north, east, west, and the White Gates Reservoir to the south (across Green Orchard Place).
DISCUSSION:
Street Vacation
The applicant is proposing the vacation of Spencer Court which consists of 0.84-acres, approximately 500 feet in length and 60 feet in width, to facilitate the future street improvements.
Pursuant to State law, specifically Public Streets, Highways, and Services Easements Vacation Law (commencing with Section 8300 of the Streets and Highway Code and Section 21101 of the Vehicle Code of the State of California), the City may regulate traffic on its public streets, alleys, and walkways only to the extent expressly authorized. The law permits the City to vacate a street, alley, or walkway only upon a finding supported by substantial evidence that the right-of-way is no longer needed for vehicular traffic and is unnecessary for present or prospective vehicular use.
The following facts are provided related to the proposed vacation of Spencer Court:
The proposed street to be vacated will not be needed to provide access to the public. The subject street is a cul-de-sac that currently provides access to nine parcels fronting the street. If vacated, the street will revert back to “Lot A” to be maintained by the Homeowners Association, as conditioned; will continue to provide access to the adjacent parcels; and will not impact access to any other parcels.
The proposed street to be vacated is unnecessary for present or future public use. If vacated, the street will revert back to “Lot A” and will be maintained by the Homeowners Association, as conditioned, providing access to the residents within the cul-de-sac and emergency services only.
The proposed street to be vacated will not alter the primary access to any of the existing lots and access will remain the same for all properties within the cul-de-sac and for the properties surrounding the cul-de-sac. The subject street will remain as the only point of access for the parcels. No adjacent parcels will be impacted by the street vacation.
The proposed vacation will not impact access to any other parcels. All other streets will remain in their current configuration, and the proposed vacation will not impact vehicular or pedestrian circulation.
Based on the findings above, the subject right-of-way is not needed for public vehicular or pedestrian traffic. If vacated, the right-of-way will revert to “Lot A”, per the original Tract Map, and will be maintained by the Homeowners Association, as conditioned. In addition, there are only two property owners that own the land that is served by Spencer Court. One of the owners is the applicant and the other has signed a petition and general application in support of the street vacation. There are no objections to the proposed street vacation from the property owners that take access from Spencer Court. The vacated right-of-way will be placed within the RC – Residential Conservation Zone and the HR – Hillside Residential land use designation based on the City’s General Plan.
Street Name Change
The proposed Street Name Change from “Spencer Court” to “Aryana View Court” is consistent with all applicable requirements set forth in Chapter 19.900 - Street Name Change.
The subject street currently provides access to nine out of the ten parcels that were created with Tract Map No. 31502. The map was recorded, and the right-of-way was improved in 2008, however, all the lots have remained vacant.
Nine of the ten parcels are proposed to be part of a gated, private community. The future community is intended to include custom-built residences with enhanced landscaping and entrance improvements. The applicant is requesting to change the existing street name to be reflect the character of the future development. As previously mentioned, there are only two property owners that own the land that is served by Spencer Court. Both property owners are in agreement with the proposed Street Name Change STRATEGIC PLAN ALIGNMENT:
This project contributes to the Envision Riverside 2025 City Council Strategic Plan Priority 2 – Community Well-Being - Goal 2.3 – Strengthen neighborhood identities and improve community health and the physical environment through amenities and programs that foster an increased sense of community and enhanced feelings of pride and belonging citywide).
This item aligns with each of the five Cross-Cutting Threads, as follows:
Community Trust – The City’s transparent entitlement process encourages public participation.
Equity – The proposed project furthers the City’s support of geographic diversity.
Fiscal Responsibility – All fiscal responsibility for the proposed project is borne by the applicant.
Innovation – The proposed project enhances the aesthetics of the neighborhood by providing exceptional improvements not normally possible on a public street.
Sustainability and Resiliency – The Street Vacation will alleviate the need for the City to service and maintain the street saving valuable resources.
FISCAL IMPACT:
There is no fiscal impact associated with this action since all project costs are borne by the applicant.
Prepared by: Judy Egüez, Senior Planner
Approved by: Jennifer A. Lilley, Community & Economic Development Director Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra Norton, City Attorney
Attachments:
Resolution of Vacation
Resolution of Street Name Change
City Planning Commission Report – October 13, 2022
City Planning Commission Recommended Conditions – October 13, 2022 City Planning Commission Minutes – October 13, 2022
City Council Memorandum and Attachments – December 19, 2023 City Council Resolution No. 24068 (Adopted December 19, 2023) Public Hearing Notice
Presentation
PR-2021-001180 ● Page 2