City of Sacramento
City Council - 2PM Report
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File ID: 2022-02073 12/13/2022 Public Hearing Item 30.
Vacation of the Public Roadway Easement, Rose Street, Proceeding No. VAC22-0011 [Noticed 11/28/2022 & 12/05/2022]
File ID: 2022-02073
Location: Rose Street is located west of the real property located 811 Grand Avenue, north of Grand Avenue, east of the adjacent Sacramento Northern Parkway, and south of Harris Avenue, District 2 Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution vacating the public roadway easement known as Rose Street.
Contact: Thomas Adams, Project Manager, (916) 808-7918, [email protected], Jennifer Johnson, Supervising Engineer, (916) 808-7754, [email protected], Ofelia Avalos, Engineering Services Manager, (916) 808-5054, [email protected]; Department of Public Works
Presenter: Thomas Adams, Project Manager, (916) 808-7929, [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
Additional Description/Analysis
Issue Detail: This request to vacate the public roadway easement identified as Rose Street is being made to expand the outdoor facilities as a play area for the adjacent HeartLand Child and Family Services resource facility. Rose Street is a partially paved single access point, dead end street that is used to access the HeartLand Child and Family Services resource facility property located at 811 Grand Avenue. Rose Street is a 42 foot-wide public roadway easement that will be incorporated into the outdoor play area for the family resource facility if the vacation is approved. Utility agencies SMUD and PG&E have conditioned this request to reserve a public service easement over the area being vacated for the purpose of protecting the access and maintenance of their utility facilities. No
File ID: 2022-02073 12/13/2022 Public Hearing Item 30.
City utilities are located within the easement. No current or future developments have been proposed by the applicant.
Policy Considerations: The action recommended in this report is consistent with the Sacramento 2035 General Plan and in compliance with the California Streets and Highways Code, 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: Rose Street was dedicated as a public roadway easement in the map titled “Del Paso Heights” filed in Book 12 at Page 1, Official Records of Sacramento County.
Rose Street is a single access, dead end street publicly accessible from Grand Avenue. This public roadway easement is unnecessary for present or prospective public use. It is not needed for through traffic or pedestrian access to the adjacent Sacramento Northern Parkway multi-use trail. The applicant is requesting the vacation of the public roadway easement identified as Rose Street to expand the outdoor play area of the existing resource center that directs its efforts towards assisting children in need. The expansion of the outdoor play area for the children and families the resource center serves will benefit the community.
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 estimate cost to complete this vacation is approximately $5,000.
The applicant is responsible for all fees required to process this application at no cost to the City.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
December 13, 2022
Vacation of the Public Roadway Easement, Rose Street, Proceeding No. VAC22-0011
BACKGROUND
A. The owner of the property located at 811 Grand Avenue has requested the vacation of the public roadway easement identified as Rose Street. Rose Street is located just north of Grand Avenue and east of the adjacent Sacramento Northern Parkway in north Sacramento. Rose Street is a 42 foot-wide partially paved dead end public right of way that is publicly accessible from Grand Avenue. Vacating Rose Street will allow the property owner at 811 Grand Avenue the ability to utilize the area as an outdoor play area for the HeartLand Child and Family Services resource facility. The property owner has indicated that they will construct a fence along the west and north side of the property adjacent to the Sacramento Northern Parkway at no cost to the City.
B. A public service easement will be reserved over the area requested for vacation.
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 portion of the 42-foot-wide public roadway easement identified as Rose Street, 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 reservation below in Section 3.
Section 2. The vacation of Rose Street, 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 a public service easement which is more specifically described in Exhibits A and B of this resolution, for all the 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 any public service facilities in, upon, or over and across the subject property to be vacated.
Section 4. 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 5. Once this Resolution has been approved, 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 6. 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