City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00405 5/2/2023 Consent Item 7.
Summary Vacation of the Public Roadway and Utility Easement and Alley Easement, North 15th Street, Proceeding No. VAC23-0003
File ID: 2023-00405
Location: North 15th Street between North 16th Street and Ahern Street south of the American River between North B and North C Streets, District 4, Represented by Mayor Steinberg Recommendation: Adopt a Resolution vacating a portion of the North 15th Street public roadway and utility easement and intersecting alley easement.
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: None
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: As parts of the City transition from old uses to updated development consistent with adopted plans, there may be easements reserved for streets, alleys or underground utilities that need to be abandoned, or vacated, to accommodate the proposed new development.
This is a request to vacate the public roadway and utility easement and intersecting alley easement at North 15th Street as part of the approved Grower’s Market (P21-024) mixed-use development project located in the River District. The public roadway and utility easement and alley easement requested for vacation are located at site 200, previously occupied by the former Sacramento Produce Terminal constructed in the 1920’s, in which the brick building and docks still currently exist.
File ID: 2023-00405 5/2/2023 Consent Item 7.
Portions of the terminal were constructed over areas requested for vacation. The roadway and utility easement and alley easement requested for vacation encumber the property and require relinquishment for the new development to proceed.
No city or other public utilities are located within the 15th Street roadway and utility easement or alley easement areas requested for vacation.
Policy Considerations: The action recommended in this report is consistent with the Sacramento 2035 General Plan and the River City Specific Plan, and in compliance with the California Streets and Highways Code, Sections 8300-8325, particularly Section 8334(a) which provides for summary vacation of an excess right-of-way of a street or highway not required for street or highway purposes and Section 8334(b) which provides for summary vacation of a portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.
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 a minor alteration in land use limitations with an average slope of less than 20%, which does not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The applicant for the development, Growers Market LLC., is requesting the vacation of North 15 th Street roadway and utility easement and the intersecting alley easement for the purpose of developing the area as part of the approved Grower’s Market mixed-use project (P21-024). The area of the North 15 th Street roadway and utility easement and the intersecting alley easement were originally dedicated as public roadway easements in the map titled “Sacramento City” filed in 1850 in Book 1 at Page 8, Official Records of Sacramento County.
The areas requested for vacation have not been used as a public roadway, utility easement or alley since at least the construction of the Sacramento Produce Terminal in the 1920’s, approximately 100 years ago. It is unknown if the areas requested for vacation were utilized for public purposes prior to that time. The existing brick elements, steel windows, docks and platforms will be preserved and restored with the new development. The area of development within site 200 will ultimately provide 350 multi-unit dwellings and 66,000 square feet of commercial space. The fact that portions of the existing terminal’s buildings have existed over the roadway and utility easement and alley easement
File ID: 2023-00405 5/2/2023 Consent Item 7.
existing terminal’sbuildings have existed over the roadway and utility easement and alley easement since the 1920’sfurther supports that the easements are excess right-of-way not required for street or highway purposes and not needed for public use. In addition, the area to be vacated is under one ownership and does not continue or touch the property of another. Stakeholders have been contacted and there are no conditions associated with this vacation request.
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 estimated 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. 2023-
Adopted by the Sacramento City Council
May 2, 2023
Summary Vacation of the Public Roadway and Utility Easement and Alley Easement, North 15th Street, Proceeding No. VAC23-0003
BACKGROUND
A. The Growers District LLC has requested the vacation of North 15th Street roadway and utility easement and the intersecting alley easement for development purposes. The vacation of the public roadway and utility easement and the adjacent intersecting alley easement will be utilized as a part of the approved Grower’s Market (P21-024) site 200 area that will provide 350 multi-unit dwellings and 66,000 square feet of commercial space.
B. The area being vacated lies within one ownership and is not adjacent to or touching the property of another owner.
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 public roadway and utility easement identified as North 15th Street along with the portion of the intersecting alley easement, more specifically described in Exhibits A and B of this Resolution, are vacated.
Section 2. The vacation of the portion of the dedicated public roadway and utility easement known as North 15th Street and the portion of the intersecting dedicated alley easement 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 4, particularly Section 8334(a) excess right-of-way or highway not required for street or highway purposes, (b) street or highway lies within property under one ownership and does not continue through such ownership or end touching property of another.
Section 3. 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 4. Once this Resolution has been approved, the City Clerk shall cause a certified copy of this Resolution, attested by the 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 5. 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