City of Sacramento
City Council Report
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Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01283 7/26/2022 Public Hearing Item 18.
Title: Vacation of a 50-Foot-Wide Public Road and Public Utilities Right-of-Way, Proceeding No. VAC22-0003 [Noticed 7/11/2022 & 7/18/2022]
File ID: 2022-01283
Location: West of Royal Oaks Drive, North of Hwy 160, and South of Southgate Road, District 2
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating a 50- foot-wide right-of-way for public road and public utilities.
Contact: Jimmy Byrum, City Surveyor, (916) 808-7918, [email protected]; Jennifer Johnson, Supervising Engineer, (916) 808-7754, [email protected]; Ofelia Avalos, Engineering Services Manager, (916) 808-7035, [email protected], Department of Public Works
Presenter: Jimmy Byrum, City Surveyor, (916) 808-7918, [email protected], Department of Public Works
Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A-Legal Description of Area to be Vacated
4-Exhibit B-Plat/Map of Area to be Vacated
Description/Analysis
Issue Detail: To facilitate the development of an apartment project, “The Grove at Woodlake:
East” (reference Planning number IR21-366), the owner of said property is requesting the vacation of a 50-foot-wide right-of-way for public road and public utility purposes. This project has been approved for construction of 73 new dwelling units.
Policy Considerations: The City Council action recommended in this report is consistent with the Sacramento 2035 General Plan and in compliance with the California Streets and Highways Code, City of Sacramento Page 1 of 2
File ID: 2022-01283 7/26/2022 Public Hearing Item 18.
Sections 8300-8325.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Planning Services Division has reviewed this vacation/abandonment of the public highway easements and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15305, as a Minor Alteration in Land Use Limitation.
The project consists of the minor alteration in land use limitations with an average slope of less than 20%, which do not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The 50-foot-wide right-of-way was dedicated to the City of Sacramento in book 870211, page 1272, Sacramento County Official Records. The right-of-way for public road and public utilities is unnecessary for present or prospective public use. The vacated area will serve the 73 dwelling units and amenities for the 73 dwelling units.
Approval of this vacation request is consistent with the 2035 General Plan land use designation and the permissible densities and intensities of use for the project site. City staff, along with various agencies, support the vacation request.
Financial Considerations: The applicant is responsible for all fees required to process this application at no cost to the City.
Local Business Enterprise (LBE): Not applicable.
City of Sacramento Page 2 of 2
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
July 26, 2022
Vacation of a 50-Foot-Wide Public Road and Public Utilities Right-of-Way, Proceeding No. VAC22-0003
BACKGROUND
A. AREC RR Woodlake JV, LLC, a Delaware limited partnership has requested vacation of the 50-foot-wide right-of-way for public road and public utilities, located on the north side of Hwy 160, west of Royal Oaks Drive, and south of Southgate Road. Said right-of-way was dedicated per book 870211, page 1272, Sacramento County Official Records.
B. The vacation request of said right-of-way is to facilitate an infill housing development,” The Grove at Woodlake: East” with construction of 73 new dwellings per planning document IR21-366.
C. The City of Sacramento’s Planning Director reviewed this vacation proceeding pursuant to Sacramento City Code 17.912.030 and State of California Government Code Section 65402 and concluded that this vacation is consistent with the City of Sacramento’s 2035 General Plan.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The 50-foot-wide right-of-way for public road and public utilities, more specifically described in Exhibits A and B of this Resolution, is unnecessary for present or prospective public use and is vacated subject to the reservations in Section 3 below and the condition specified in Section 4 below.
Section 2. The 50-foot-wide right-of-way for public road and public utilities, more specifically described in Exhibits A and B, is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapters 1-3, Sections 8300-8325.
Section 3. Pursuant to Streets and Highways Code Section 8306 and 8340, the City of Sacramento reserves and excepts from the vacation a public service easement which is more specifically described in Exhibits A and B of this resolution, for all purposes and reasons described in Streets and Highways Code Sections 8306 and 8340 including but not limited to the right at any time, or from time to time, to
construct, maintain, operate, replace, remove, or renew the public service facilities, upon, under, over, and across the subject property to be vacated. The City of Sacramento reserves an access easement across a portion of the area to be vacated for access to the adjacent City drainage basin including vehicular access over a portion of the area to be vacated which is more specifically described in Exhibits A and B of this resolution.
Section 4. The vacation is subject to the following condition:
The owner shall grant access easements to the owners of the two adjacent parcels represented by APN’s 275-0240-084-0000 and 275-0240-097-0000 to the satisfaction of each owner.
Section 5. The City Council finds that the vacation has been submitted to and reported on by the City of Sacramento’s Planning Director and finds that the vacation is consistent with the City of Sacramento’s 2035 General Plan.
Section 6. The condition specified in Section 4 of this Resolution must be completed within two years of the date of this Resolution or said Resolution shall become void unless the City Council grants discretionary time extensions. Once the condition listed in Section 4 of this Resolution has been satisfied, the City Clerk shall cause a certified copy of this Resolution, attested by City Clerk under seal to be recorded. The vacation shall be effective when a City designee records this Resolution in the office of the County Recorder.
Section 7. Exhibits A and B are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A - Legal Description of Area to be Vacated
Exhibit B - Plat/Map of Area to be Vacated