City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00550 5/30/2023 Public Hearing Item 26.
Vacation of a Portion of Matsui Alley, Proceeding No. VAC23-0002 [Noticed on 05/16/2023] File ID: 2023-00550
Location: 1926 Capitol Avenue, located west of 20th Street to railroad, District 4, Represented by Councilmember Valenzuela.
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating said portion of Matsui alley.
Contact: Thomas Adams, Project Manager, (916) 808-7929, [email protected]; <mailto:>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-Exibit B Plat / Map of Area to be Vacated
Additional Description/Analysis
Issue Detail:
This request is to vacate the 20 foot-wide, 80-foot long portion of Matsui alley located between 20 th
Street and the Union (Western) Pacific railroad tracks to support future development. This portion of Matsui Alley is not necessary for present or prospective public use. The reservation of a public service easement will be required within the vacated area for the existing utilities. The property owner Heller Pacific Inc. has not made a specific determination on what type of development will utilize the adjacent parcels and the area of Matsui alley once vacated. The future development of this location will be subject to review by the Community Development Department.
File ID: 2023-00550 5/30/2023 Public Hearing Item 26.
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 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, Heller Pacific Inc., is requesting that the City vacate the area of Matsui alley located between 20
th Street and the adjacent Union (Western) Pacific
Railroad property located east of the railroad tracks. This area requested for vacation is a dead end alley adjacent only to the applicant’s property and Western Pacific Railroad’s property. This portion of Matsui alley requested for vacation exists as 20-foot wide alley accessible from 20 th Street and dead
ends at the Union Pacific Railroad owned property. At the time of this application to vacate Matsui alley, the applicant has not provided the specific future development plans for this area which may include a residential, commercial or mixed-use project. The vacation will also include the reservation of a public service easement. This portion of Matsui alley serves only two adjacent property owners.
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 future 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 30, 2023
Vacation of a Portion of Matsui Alley, Proceeding No. VAC23-0002
BACKGROUND
A. The property owner of 1926 Capitol Avenue, Heller Pacific Inc., has requested the vacation of a portion of the public alley identified as Matsui Alley. The 20 foot-wide, 80 foot-long portion of Matsui Alley is located west of 20th Street and east of the Union (Western) Pacific railroad tracks. The area of Matsui Alley requested for vacation exists as a dead end alley. The future development of the adjacent parcels and alley has not been detailed for the specific use and type of mixed-use, residential or commercial use.
The City, along with the affected stakeholders support this vacation request.
B. A public service easement will be reserved over the area being vacated for access and maintenance of the existing utilities.
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 20 foot-wide public alley identified as Matsui Alley, 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 Matsui alley, 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