CC Report and Attachments - 1.28.25 — Riverside City Council, February 25, 2025

City Council Memorandum

TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JANUARY 28, 2025

FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 1

DEPARTMENT
SUBJECT: SD-2024-00017 STREET VACATION – ADOPT A RESOLUTION OF INTENT TO

SCHEDULE A PUBLIC HEARING TO CONSIDER A STREET VACATION TO

VACATE PORTIONS OF COMMERCE STREET AND THIRD STREET ,

GENERALLY SITUATED BETWEEN MISSION INN AVENUE AND THIRD STREET.

ISSUE:

Adopt a Resolution of Intent to hold a public hearing on February 25, 2025, to consider a proposal by the City of Riverside Public Works Department , to vacate portions of Commerce Street and Third Street, situated between Mission Inn Avenue and a portion of unimproved right -of-way to the north of Third Street, to facilitate the construction of the future Third Street Grade Separation.

RECOMMENDATION:

That the City Council adopt the attached resolution declaring its intent to hold a public hearing on February 25, 2025 to consider Planning Case SD-2024-00017 Street Vacation of Commerce Street and Third Street, situated between Mission Inn Avenue and a portion of unimproved right- of-way to the north of Third Street, to facilitate the construction of the future Third Street Grade Separation.

PLANNING COMMISSION RECOMMENDATION:

On December 19, 2024, the City Planning Commission recommended approval of Planning Case SD-2024-00017, a request for a Street Vacation to vacate portions of Commerce Street and Third Street, by a vote of 7 ayes, 0 noes, and 2 absences (Attachments 2 and 3).

BACKGROUND:

Commerce Street is a local street that generally runs along the east side of the Burlington Northern and Santa Fe (BNSF) railroad tracks from Date Street to Third Street and then continues along the west side of the BNSF railroad tracks from Third Street to First Street.

Third Street bisects Commerce Street and is an arterial that connects Downtown Riverside to the 215 Freeway, Eastside Neighborhood, Hunter Business Park and University of California SD-2024-00017 ● Page 2
Riverside.

Commerce Street primarily serves industrial uses along the railroad track while Third Steet serves a multitude of different uses (Industrial, commercial, residential) as it traverses west to east from Downtown Riverside to the 215 Freeway. However, the por tions of Commerce Street and Third Street, to be vacated with this project serve as access to industrial uses only. The portion of Commerce Street north of Third Street is not improved and does not provide access to any properties as it is partially encumb ered by railroad tracks and ground mounted mechanical equipment.

As a matter of information, the City of Riverside Public Works Department is currently in design phase for the Third Street Grade Separation project which proposes to construct a new four-lane grade separated underpass to replace the existing at-grade railroad crossing. The project will improve public safety, eliminate/reduce train horns, relieve traffic congestion, reduce response time for emergency services, and improve mobility for pedestrians and motorists.

The Resolution of Intent to hold a public hearing is the first requirement for a street vacation, pursuant to the Public Streets, Highways, and Service Easements Vacation Law. Prior to ordering a street vacation, the City Council must first adopt a resolution declaring its intent to hold a public hearing to consider the vacation of portions of Commerce Street and Third Street , setting the place, date and time for the public hearing, and noticing requirements.

DISCUSSION:

The request includes approval of a Street Vacation to vacate approximately 62,709 square feet of portions of Commerce Street and Third Street.

The portions of public right-of-way to be vacated consists of the following:
· An 8,580 square foot section of unimproved Commerce Street, 66-feet wide and 130 feet in length, situated north of Third Street;

· A 1,241 square foot section of Third Street, approximately 80- feet wide, ranging in length approximately 12 to 20-feet, situated on the north side of the Third Street and Commerce Street intersection; and

· A 52,888 square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street.

The portions to be vacated will accommodate the realignment of the railroad rail lines and the location of the bridge associated with the Third Street Grade Separation project. The Third Street Grade Separation project will also include the realignment of Commerce Street, north of Fifth Street, to provide a vehicular and pedestrian connection to Third Street.

All properties currently located along Commerce Street will continue to have vehicular access either through the existing modified 42-foot-wide right-of-way segment of Commerce Street from Mission Inn Avenue to Fifth Street or the realigned 60- foot right-of-way segment of Commerce Street between Fifth Street and Third Street. Additionally, those businesses that currently front Commerce Street between Fourth Street and Fifth Street will continue to be served by a 34- foot two-way roadway segment. Upon vacation, the rights -of-way will be reverted to the Riverside County Transportation Commission (RCTC) and BNSF to accommodate the realignment of the SD-2024-00017 ● Page 3
railroad and bridge.

Properties on the north side of Third Street will continue to take vehicular and pedestrian access from Third Street.

The Street Vacation:
1) Will not impact access to surrounding parcels, as the proposal retains access from Commerce Street, Third Street or Fourth Street to existing businesses and parcels; 2) Will improve pedestrian and vehicular circulation in the immediate area as the street vacation will facilitate the implementation of the Third Street Grade Separation project; 3) Is unnecessary for present or future public use. If vacated, the street will be quitclaimed and transferred to Riverside County Transportation Commission (RCTC) and to BNSF to accommodate the realignment of the railroad and bridge; and 4) Will not alter the primary access to adjacent businesses or to the general public. The street vacation is necessary to implement the Third Street Grade Separation project which will improve vehicular and pedestrian circulation in the area.

STRATEGIC PLAN ALIGNMENT:

This project contributes to the Envision Riverside 2025 City Council Strategic Plan Priority 5 – High Performing Government - Goal 5.3 – Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision- making.

This item aligns with each of the five Cross-Cutting Threads, as follows:

1. Community Trust – The proposed street vacation requires public hearings by the Planning Commission and City Council. Additionally, public comment is encouraged throughout the process through the 15-day public noticing period and at public hearings.

2. Equity – The proposed project furthers the City’s support of geographic diversity.

3. Fiscal Responsibility – The Public Works Department has secured funding for all fiscal aspects of the project.

4. Innovation – The proposed street vacation enhances the aesthetic and security of a neighborhood by facilitating a project for a railroad track grade separation.

5. Sustainability and Resiliency – The proposed street vacation is designed to meet the current and future needs of the community.

FISCAL IMPACT:

The total fiscal impact of this action is included in the Third Street Grade Separation project already underway by the Public Works Department. There is no additional impact related to the closures on this report.

Prepared by: Jennifer A. Lilley, Community & Economic Development Director Certified as to
availability of funds: Kristie Thomas, Assistant Chief Financial Officer/Treasurer Approved by: Mike Futrell, City Manager

Approved as to form: Jack Liu, Interim City Attorney
SD-2024-00017 ● Page 4

Attachments:

1. Resolution of Intent to Hold a Public Hearing

2. Legal Description

3. City Planning Commission Report – December 19, 2024

4. City Planning Commission draft Minutes – December 19, 2024

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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF RIVERSIDE,

CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS

OF COMMERCE STREET AND THIRD STREET, SITUATED BETWEEN

MISSION AVENUE AND THIRD STREET TO A PORTION NORTH OF

THIRD STREET, AND SETTING THE DATE, HOUR, AND PLACE OF

HEARING, PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND
SERVICE EASEMENTS VACATION LAW.

BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:

Section 1: That the City Council of the City of Riverside hereby declares that in Planning Case No. SD-2024-00017, it is the intention of the City Council to vacate portions of public right-of- way consisting of an approximately 8,580-square foot section of Commerce Street, 66-feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241- square foot section of Third Street, approximately 80-feet wide, ranging in length approximately 12- to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888 - square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street, within the City of Riverside, California, to facilitate the construction of the future Third Street Grade Separation.

Section 2: The City Council hereby elects and expresses its election to proceed in Planning Case No. SD -2024-00017 pursuant to the provisions of Chapter 3 of the Public Streets, Highways, and Service Easements Vacation Law, commencing with Section 8320 of the Streets and Highways Code of the State of California.

Section 3: The public streets proposed to be vacated in Planning Case No. SD -2024-00017 are an approximately 8,580-square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241 square foot section of Third Street, approximately 80-feet wide, ranging in length approximately 12-to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888 square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , to facilitate the construction of the future Third Street Grade Separation, within the City of Riverside, California,

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3750 UNIVERSITY AVENUE, STE. 250
RIVERSIDE, CA 92501
(951) 826-5567

as more particularly described and depicted in Exhibit “A ,” attached hereto and incorporated by this reference.

Section 4 : The date, hour, and place for hearing all persons interested in the proposed vacation of the public street in Planning Case No. SD -2024-00017 is set as February 25, 2025, at 3:00 p.m. in the Council Chambers of the Riverside City Council located adjacent to City Hall, at 3900 Main Street, Riverside, California.

Section 5: At the hearing provided for in Section 4 hereof, the City Council shall determine whether these public streets are unnecessary for present or prospective use, and if so, the reservations or exceptions from the vacation s that public convenience and necessity require, if any, which shall be recited in the resolution of vacation as provided in Section 8341 of the Streets and Highways Code.

Section 6: Notices of the date, hour and place of the hearing of the proposed vacation shall be posted conspicuously along the public street proposed to be vacated at least two (2) weeks before the day set for the hearing. At least three (3) notices shall be posted not more than three (300) hundred feet apart. The notices shall state the day, hour, and place of hearing; shall refer to the adoption of this resolution of intention; and shall describe the public street proposed to be vacated.

Section 7: The City Clerk shall cause notice of the date, hour, and place of the hearing on this resolution of intention to be published for at least two (2) successive weeks prior to the hearing in The Press Enterprise.

ADOPTED by the City Council this _________ day of _____________, 2024.

______________________________

PATRICIA LOCK DAWSON
Mayor of the City of Riverside

__________________________

DONESIA GAUSE
City Clerk of the City of Riverside

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3750 UNIVERSITY AVENUE, STE. 250
RIVERSIDE, CA 92501
(951) 826-5567

I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2024, by the following vote, to wit:

Ayes:

Noes:

Absent:

Abstain:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.

_________________________

DONESIA GAUSE
City Clerk of the City of Riverside

\\Rc-citylaw\cycom\WPDOCS\D017\P042\00901644.DOC
CA: 24-2124 TAT 12/17/24
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EXHIBIT “A”

LEGAL DESCRIPTION

Commerce St Vacation

That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:

PARCEL 1
That portion of Commerce Street (formerly Olive Street) adjoining Block 2, Range 1 of the Map of the Town of Riverside, as shown by Map, filed in Book 7, Page 17 of Maps, Records of San Bernardino County, California, described as follows:

COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;

Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;

Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 93.69 feet;

Thence North 29°45’57” East, a distance of 33.00 feet to the Northeasterly line of 3rd Street;

Thence North 34°46’52” East, a distance of 37.14 feet to a line parallel with and distant 70.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;

Thence North 60°14’03” West along said parallel line, a distance of 19.97 feet to the Southeasterly line of Commerce Street (formerly Olive Street), being the POINT OF BEGINNING of the parcel of land to be described;

Thence North 29°44’37” East, along said Southeasterly line of Commerce Street (formerly Olive Street), a distance of 130.00 feet to a line parallel with and distant 200.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;

Thence North 60°14’03” West along said parallel line, a distance of 66.00 feet to the Northwesterly line of Commerce Street (formerly Olive Street);

Thence South 29°44’37” West, along said Northwesterly line of Commerce Street (formerly Olive Street), a distance of 130.00 feet to
a line parallel with and distant 70.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;

Thence South 60°14’03” East, along said parallel line, a distance of 66.00 feet to the POINT OF
BEGINNING.

Area – 8,580 S.F. more or less

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PARCEL 2
That portion of 3rd Street of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and described to the City of Riverside in Quitclaim Deed recorded May 2, 1927, in Book 716 of Deeds, at Page 136, et seq., Records of Riverside County, California, lying in Section 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:

COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;

Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;

Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 93.69 feet;

Thence North 29°45’57” East, a distance of 33.00 feet to the Northeasterly line of 3rd Street , being the POINT OF BEGINNING of the parcel of land to be described;

Thence South 60°14’03” East, along said Northeasterly line, a distance of 79.30 feet;

Thence South 34°46’53” West, a distance of 19.17 feet;

Thence North 55°13’08” West, a distance of 79.00 feet;

Thence North 34°46’52” East, a distance of 12.24 feet to the POINT OF BEGINNING.

Area – 1,241 S.F. more or less

PARCEL 3

That portion of Commerce Street (formerly Pachappa Avenue) of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and that portion of Commerce Street as described in that certain easement for street purposes granted to the City of Riverside by document recorded October 27, 1941, in Book 516, Page 578 et. seq., of Official Records of Riverside County, California, lying in Sections 23 and 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:

COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;

Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;

Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 110.00 feet to the Northeasterly prolongation of the Southeasterly line of Olive Street (now vacated) as shown by map of the Town of Riverside, filed in Book 7, Page 17 of Maps, Records of San Bernardino County, California;

Thence South 29°44’39” West, along said Northeasterly prolongation and said Southeasterly line of Olive Street (now vacated), a distance of 120.00 feet;
Commerce St Vacation - City to RCTC

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Thence South 60°14’03” East, a distance of 2.85 feet;

Thence North 34°46’52” East, a distance of 39.35 feet;

Thence South 55°13’08” East, a distance of 65.95 feet to the Northwesterly line of Commerce Street as described in said easement;

Thence South 29°45’00” West, along said Northwesterly line, a distance of 69.00 feet to the POINT OF BEGINNING of the parcel of land to be described;

Thence North 34°46’52” East, a distance of 48.73 feet;

Thence North 70°43’24” East, a distance of 24.70 feet to the Southeasterly prolongation of a course which bears South 55°13’08” East, a distance of 65.95 feet described above;

Thence South 55°13’08” East, along said Southeasterly prolongation, a distance of 47.71 feet to Southeasterly line of said Commerce Street (formerly Pachappa Avenue);

Thence South 29°45’00” West, along said Southeasterly line, a distance of 221.84 feet;

Thence North 60°12’37” West, a distance of 14.00 feet;

Thence South 36°42’56” West, a distance of 83.18 feet;

Thence on a curve concave Southeasterly, having a radius of 3776.72 feet, through an angle of 01⁰22’17”, an arc length of 90.41 feet to a line parallel with and 4 .00 feet Northwesterly, measured at right angles from the centerline of said Commerce Street (formerly Pachappa Avenue);

Thence South 29°44’10” West, along said parallel line, a distance of 294.40 feet;

Thence on a non- tangent curve concave Southeasterly, having a radius of 67.50 feet, through an angle of 11⁰04’00”, an arc length of 13.04 feet (the initial radial line bears North 16⁰48’35” West) to a line parallel with and 12.00 feet Northwesterly, measured at right angles from the centerline of said Commerce Street (formerly Pachappa Avenue);

Thence South 29°44’10” West, along said parallel line, a distance of 400.17 feet;

Thence South 29°45’20” West, continuing along said parallel line, a distance of 353.27 feet;

Thence South 89°47’34” West, a distance of 19.13 feet to the Northerly line of Mission Inn Avenue (formerly 7th Street) as shown on said Record of Survey;

Thence North 60°12’26” West, along said Northerly line, a distance of 9.42 feet to the Northwesterly line of Commerce Street (formerly Pachappa Avenue) as described in said easement;

Thence the following four (4) courses along the Northwesterly line of said Commerce Street (formerly Pachappa Avenue);

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North 29°45’20” East, a distance of 362.82 feet;

North 29°44’10” East, a distance of 396.74 feet;

North 29°44’10” East, a distance of 397.38 feet;

North 29°45’00” East, a distance of 241.97 feet to the POINT OF BEGINNING.

Area – 52,535 S.F. more or less

PARCEL 4

That portion of Commerce Street (formerly Pachappa Avenue) of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and that portion of Commerce Street as described in that certain easement for street purposes granted to the City of Riverside by document recorded October 27, 1941, in Book 516, Page 578 et. seq., of Official Records of Riverside County, California, lying in Section 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:

COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;

Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;

Thence South 29°44’39” West, along said Northeasterly prolongation and said Southeasterly line of Olive Street (now vacated), a distance of 120.00 feet;

Thence South 60°14’03” East, a distance of 2.85 feet;

Thence North 34°46’52” East, a distance of 39.35 feet;

Thence South 55°13’08” East, a distance of 65.95 feet to the Northwesterly line of Commerce Street as described in said easement, being the POINT OF BEGINNING of the parcel of land to be described;

Thence South 29°45’00” West, along said Northwesterly line, a distance of 69.00 feet;

Thence North 34°46’52” East, a distance of 48.73 feet;

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This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act.

By:

Eswin O. Vega, P.L.S. 9164 Date

Thence North 70°43’24” East, a distance of 24.70 feet to the Southeasterly prolongation of a course which bears South 55°13’08” East, a distance of 65.95 feet described above;

Thence North 55°13’08” West , along said Southeasterly prolongation, a distance of 20.55 feet to the POINT OF BEGINNING.

Area – 353 S.F. more or less

Planning Commission
Memorandum

Community & Economic Development Department Planning Division 3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov

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SD-2024-00017 (VAC)
PLANNING COMMISSION HEARING DATE : DECEMBER 17 , 2024 AGENDA ITEM NO.: 3

PROPOSED PROJECT

RECOMMENDATIONS
Staff recommends that the Planning Commission:

1. RECOMMEND that the City Council DETERMINE that the project is exempt from the California Environmental Quality Act (CEQA) subject to Section 15061(b)(3) (Common Sense Rule) of the CEQA Guidelines, as it can be seen with certainty that the project will have no significant effect on the environment; and

2. RECOMMEND that the City Council APPROVE Planning Case SD-2024-00017 (Street Vacation), based on the findings outlined in the staff report and subject to the recommended conditions (Exhibits 1).

Case Number SD-2024-00017 (Street Vacation)
Request
To consider a Street Vacation to vacate portions of Commerce Street and Third Street, to facilitate the construction of the future Third Street Grade Separation

Applicant City of Riverside
Project
Location
Portions of Commerce Street and
Third Street from Mission Inn Avenue
to a portion north of Third Street

APN N/A (Public Right-of-Way)
Project Area 62,709 square feet
Ward 1
Neighborhood Eastside
General Plan
Designation N/A
Zoning
Designation N/A
Staff Planner
Judy Egüez, Senior Planner
951-826-3969
[email protected]

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SD-2024-00017 (VAC)

BACKGROUND
Commerce Street is a local street that generally runs along the east side of the Burlington Northern and Santa Fe (BNSF) railroad tracks from Date Street to Third Street and then continues along the west side of the BNSF railroad tracks from Third Street to First Street.

Third Street bisects Commerce Street and is an arterial that connects Downtown Riverside to the 215 Freeway, Eastside Neighborhood, Hunter Business Park and University of California Riverside .

Commerce Street primarily serves industrial uses along the railroad track while Third Steet serves a multitude of different uses (Industrial, commercial, residential) as it traverses west to east from Downtown Riverside to the 215 Freeway. However, the portions of Commerce Street and Third Street, to be vacated with this project serve as access to industrial uses only. The portion of Commerce Street north of Third Street is not improved and does not provide access to any properties as it is partially encumbered by railroad tracks and ground mounted mechanical equipment (Exhibit 2 & 3).

As a matter of information, the City of Riverside Public Works Department is currently in design phase for the Third Street Grade Separation project which proposes to construct a new four -lane grade separated underpass to replace the existing at -grade railroad crossing. The project will improve public safe ty, eliminate /reduce train horns, relieve traffic congestion, reduce response time for emergency services, and improve mobility for pedestrians and motorists.

PROPOSAL
The requests includes approval of a Street Vacation to vacate approximately 62,709 square feet of portions of Commerce Street and Third Street.

The portions of public right-of-way to be vacated consists of the following:
 An 8,580 square foot section of Commerce Street, 66-feet wide and 130 feet in length, situated north of Third Street (denoted as Parcel 1 on Exhibit 7a).

 A 1,241 square foot section of Third Street , approximately 80 -feet wide, ranging in length approximately 12-to 20-feet, situated on the north side of the Third Street and Commerce Street intersection (denoted as Parcel 2 on Exhibit 7a); and

 A 52,888 square foot portion of Commerce Street ranging in width from approximately 26 to 68-feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street (denoted as Parcel 3 and 4 on Exhibit 7a).

The portions to be vacated will accommodate the realignment of the rail lines and the location of the bridge associated with the Third Street Grade Separation project. The Third Street Grade Separation project will also include the realignme nt of Commerce Street, north of Fifth Street , to provide a vehicle connect to Third Street.

All properties currently located along Commerce Street will continue to have vehicular access either through the existing modified 42-foot-wide right-of-way segment of Commerce Street from Mission Inn Avenue to Fifth Street or the realigned 60 -foot right -of-way segment of Commerce Street between Fifth Street and Third Street. Additionally, those businesses that currently f ront Commerce Street between Fourth St reet and Fifth Street will continue to be served by a 34 -foot two-way roadway segment.

Properties on the north side of Third Street will continue to take vehicular and pedestrian access from Third Street.

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SD-2024-00017 (VAC)

PROJECT ANALYSIS
Street Vacation
Pursuant to State law, 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 publi c streets, alleys, and walkways 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 or pedestrian t raffic and is unnecessary for present or prospective public use.

The following facts are provided to support the proposed vacation of the subject Commerce Street right-of-way:
 Vacating the right-of-way, as indicated above, will not impact access to surro unding parcels, as the proposal retains access from Commerce Street, Third Street or Fourth Street to existing businesses and parcels.
 Vacation of the portions of right -of-way noted above, and the construction of the grade separation, will improve pedestrian and vehicular circulation in the immediate area.  The proposed street to be vacated is unnecessary for present or future public use. If vacated, the street will be quitclaimed and transferred to Riverside County Transportation Commission (RCTC) and to the BNSF to accommodate the realignment of the railroad and bridge.
 The proposed street to be vacated will not alter the primary access to adjacent businesses or to the general public . The street vacation is necessary to implement the Third Street Grade Separation project which will improve vehicular and pedestrian circulation in the area.

Based on the findings above, the right-of-way is not needed for vehicular or pedestrian traffic or for present or prospective public use. The vacated right-of-way will be assigned to the General Plan Land Use designation and zoning of the adjacent properties.

In compliance with State Law and local ordinance, if the Planning Commission approve s the proposed street vacation, the City Council will consider a Resolution of Intent to set a public hearing to consider the vacation at a date not sooner than 15 days following adoption of the Resolution of Intent. At least 15 days prior to the public hearing date , established with the Resolution of Intent, a notice will be posted at the intersection and at points occurring each 300 feet along the affected roadway segments.

The Public Works Department and the City of Riverside Real Properties Division have consistently been in communication with surrounding property owners and businesses through the process.

FINDINGS SUMMARY
The Street Vacation will not impact access or circulation to surrounding properties or to the City’s overall circulation element.

The project, as proposed, will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area. Adjacent businesses will continue to have access from Commerce Street or Third Street.

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SD-2024-00017 (VAC)
The proposed street vacation will allow the City to implement the Third Street Grade Separation .

With the implementation of the proposed conditions of approval and Third Street Grade separation project, the vacation will not impact surrounding properties.

ENVIRONMENTAL REVIEW
Staff determined the proposed street vacation is categorically exempt from California Environmental Quality Act (CEQA) review pursuant to Sections 15061(b)(3) (Common Sense Rule) of the CEQA Guidelines, which stipulates that a project is exempt from CEQA if covered by the general rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. As the proposal involves the vacation of a local street that will be realigned to facilitate the construction of rai lroad track grade separation , it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment.

PUBLIC NOTICE AND CO MMENTS
Public hearing notices were mailed to property owners within 300 feet of the site. As of the writing of this report, no responses have been received by staff regarding this project.

STRATEGIC PLAN ALIGN MENT
This project contributes to the Envision Riverside 2025 City Council Strategic Plan Priority 5 – High Performing Government - Goal 5.3 – Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision -making.

This item aligns with each of the five Cross-Cutting Threads, as follows:

2. Equity – The proposed project furthers the City’s support of geographic diversity.

3. Fiscal Responsibility – The Public Works Department has secured funding for all fiscal aspects of the project.

4. Innovation – The proposed street vacation enhances the aesthetic and security of a neighborhood by facilitating a project for a railroad track grade separation.

5. Sustainability and Resiliency – The proposed street vacation is designed to meet the current and future needs of the community.

APPEAL IN FORMATION
Actions by the City Planning Commission, including any environmental finding, may be appealed to the City Council within ten calendar days after the decision. Appeal filing and processing information may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall.

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SD-2024-00017 (VAC)

EXHIBITS LIST

1. Staff Recommended Conditions of Approval

2. Existing Site Photos

3. Location Map

4. General Plan Map

5. Zoning Map

6. Specific Plan Map
7a. Plat Map
7b. Legal Description

8. Conceptual Site Plan (for reference only)

Prepared by: Judy Egüez, Senior Planner
Reviewed by: Brian Norton, Principal Planner
Approved by: Maribeth Tinio, City Planner

EXHIBIT 1- STAFF RECOMMENDED CONDITIONS OF APPROVAL December 19, 2024

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PLANNING CASE: SD-2024-00017 (Street Vacation)
Fire Department

1. Codes in Effect: The proposed project shall fully comply with the 2022 Edition of Title 24, the California Building Standards Code, as adopted and amended by the City of Riverside, or the version of these codes in effect at the time a building permit application is filed.

2. Fire Access & Water Supply: Project management shall coordinate with City of Riverside Fire Department to ensure adequate fire water supply and fire apparatus access are provided for all affected buildings, structures and facilities during all phases of construction.

Public Works
Conditions to be fulfilled prior to case finalization, unless otherwise noted:

3. All conditions placed upon this case must be fulfilled prior to the recording of the vacation resolution by the City Clerk. The case is not finalized until the City Clerk records the Vacation Resolution.

4. If the disposition of land is other than by operation of law the applicant shall have quitclaim deeds exchanging the property prepared to the satisfaction of Planning, City Attorney's Office and Public Works Departments. All necessary parcel descriptions and plats shall be prepared, signed and sealed by a licensed Land Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. DESCRIPTIONS and PLATS ARE REQUIRED TO BE ON 8 ½ inch by 11-inch FORMAT.

5. Prior to finalization of the case, the applicant shall provide the appropriate documentation that the lender(s) / trustee(s) has(have) agreed to modify any Trust Deed(s) to reflect the reconfigured parcel(s).

6. Property transfers to the final proposed parcel configurations must be accomplished concurrently with the finalization of this case. Ownership of the property shall remain undivided prior to recordation of the Certificate of Compliance for Lot Line Adjustment.

7. All recording fees of the Riverside County Recorder, including transfer docum ents, grants of right -of-way and the Certificate of Compliance for Lot Line Adjustment are the responsibility of the applicant.

8. Applicant shall prepare Grant Deeds that have each owner grant to themselves each of the parcels in their final configuration. This requirement is necessary to ensure that the final parcel configurations and ownerships are clearly identified in the Land Title History.

9. VC SD-2024-00017 to be completed prior to issuance of the Certificate of Compliance .

10. Advisory: A Public Utility Ea sement (PUE) will be reserved over the entire area of the Vacation.

EXHIBIT 2 –CONDITIONS OF APPROVAL

COMMUNITY & ECONOMIC DEVELOPMENTDEPARTMENT PLANNING DIVISION North view of Commerce Street from Mission Inn Avenue
South View of Commerce Street from Third Street
SD-2024-00017 (VAC) Exhibit 2 - Existing Site Photos
View of Third Street
North View of Commerce Street from Third Street
SD-2024-00017 (VAC) Exhibit 2 - Existing Site Photos

VINE STREETCL

COMMERCE STREETCL

MISSION INN AVENUE
CL

SIXTH STREET

FIFTH STREET

FOURTH STREET
THIRD
STREET

COMMERCE
STREET
APN: 213-252-015
APN: 213-212-018
APN: 211-022-031
APN: 211-021-028
APN: 213-060-016
APN: 210-190-021
APN: 211-021-001
PROP. NEW

COMMERCE

ALIGNMET
CL
PARCEL 1
PARCEL 3
PARCEL 4
PARCEL 2
STREET
DATE: 11/26/24SCALE: 1"=200' DRAWN BY: EV SUBJECT: COMMERCE STREET PETITION EXHIBIT SHEET 1 OF 1

THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. -INDICATES COMMERCE STREET RIGHT OF WAY VACATION
PARCEL 1 = 8,580 SQ./FT.

PARCEL 2 = 1,241 SQ./FT.

PARCEL 3 = 52,535 SQ./FT.

PARCEL 4 = 353 SQ./FT.

RIGHT OF WAY

VACATION AREAS
Commerce St Vacation - City to RCTC