City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00565 5/30/2023 Public Hearing Item 27.
Vacation of Public Roadway Easement, Altos Avenue, Proceeding No. VAC23-0001 [Noticed 05/16/2023 & 05/23/2023]
File ID: 2023-00565
Location: Southeast corner of El Camino Avenue at Grove Avenue, District 2, Represented by Councilmember Loloee
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating the 40-foot wide public roadway easement identified as Altos Avenue located between El Camino Avenue and Grove Avenue.
Contact: Thomas Adams, Project Manager, (916) 808-7929, [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 Public Roadway Easement Area to be Vacated 4-Exhibit B Plat/Map of Public Roadway Easement Area to be Vacated Additional Description/Analysis
Issue Detail: Altos Avenue located between El Camino Avenue and Grove Avenue is partially unpaved and is not necessary for present or prospective public use. Old easements reserved for streets and alleys that are now not needed for public access may compromise the health, safety and well-being of the public and those that utilize adjacent properties. Vacating such easements can relieve the City of unnecessary maintenance responsibilities and can support the purpose of securing the area.
File ID: 2023-00565 5/30/2023 Public Hearing Item 27.
Altos Avenue is a 40-foot wide, 366-foot long, unimproved partially paved public roadway easement with one access point from El Camino Avenue located between the City owned parkway and the small mini-mart gas station. This roadway easement is open and adjacent to a small, unhoused encampment within the City-owned parkway. Several issues have affected the adjacent mini-mart gas station such as fires and excessive amounts of garbage and debris. These issues negatively impact the public health and safety of passersby and patrons of the business. The roadway easement is not needed for vehicular or pedestrian access so does not serve its original purpose.
The single access point along El Camino Avenue requires modification and this vacation request has been conditioned to remove the existing driveway access and place a new curb with a gutter and sidewalk that will meet City of Sacramento’s Department of Public Works construction detail requirements. In addition, a public service easement will be reserved for the purpose of protecting access and maintenance of the existing utility facilities.
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 does not result in any changes in land use or density.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The applicant is requesting the vacation of the 40-foot wide public roadway easement identified as Altos Avenue located between Grove Avenue and El Camino Avenue in North Sacramento. The 40-foot wide roadway easement dedication is shown on the plat map of “North Sacramento Subdivision No 10” as recorded in Book 15 at Page 31 in the book of maps of Official Records of Sacramento County. The applicant is the adjacent property owner that operates the mini-mart gas station located at 300 El Camino Avenue and has reported that the open area of Altos Avenue has provided public access to their property in which fires have threatened their business and excessive amounts of garbage and debris have littered Altos Avenue and their property which must be cleaned up daily. These issues negatively impact public health and safety. This
File ID: 2023-00565 5/30/2023 Public Hearing Item 27.
easement is not necessary for present or prospective public use.
The applicant plans on securing the area to prevent some of the health and safety issues that have occurred on the public access easement of Altos Avenue. The vacation request has been conditioned on the removal of the driveway access along El Camino Avenue in addition to constructing a new curb, gutter and sidewalk to the satisfaction of the Department of Public Works. The City will reserve a public service easement for the existing utilities.
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 30, 2023
Vacation of Public Roadway Easement, Altos Avenue, Proceeding No. VAC23-0001
BACKGROUND
A. The property owner at 300 El Camino Avenue, which owns and operates the mini-mart gas station, has requested the vacation of the 40-foot wide, 366-foot long, public roadway easement to improve public health and safety around the parcel. A reservation for a public service easement will accompany the vacation for the purpose of preserving the existing utility facilities within the area requested for vacation.
B. The vacation request of the public 40-foot wide public roadway easement will be conditioned to remove the driveway and construct a new curb, gutter and sidewalk along with reserving a public service easement.
C. The City’s Department of Utilities and other utility agencies support this vacation request.
D. 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 40-foot wide public roadway easement, more specifically described in Exhibit A and Exhibit B of this Resolution, is unnecessary for present or prospective public use and are vacated subject to the condition specified in Section 3 and the reservation in Section 4.
Section 2. The vacation of the public roadway easement more specifically described in Exhibit A and Exhibit B, is made pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapter 1-3, Sections 8300-8325.
Section 3. The vacation is subject to the following condition:
a. The applicant is required to remove the existing driveway along El Camino Avenue and construct a new curb, gutter and sidewalk to the satisfaction of the Department of Public Works.
Section 4. 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 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 3 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 3 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. Exhibit A and Exhibit B are incorporated into and made part of this resolution.
Table of Contents:
Exhibit A - Legal Description of Public Roadway Easement Area to be Vacated Exhibit B - Plat/Map of Public Roadway Easement Area to be Vacated
TO BE VACATED
6)THE SOUTHEAST LINE OF LOTS 1, 2, & 3, BLOCK 9, 15 B.M. 31 THE EAST LINE OF GROVE AVENUE, 15 B.M. 31
THE SOUTH LINE OF EL CAMINO AVENUE, 15 B.M. 31
THE NORTHWEST LINE OF ALTOS AVENUE, 15 B.M. 31THE SOUTHEAST LINE OF ALTOS AVENUE, 15 B.M. 31A PORTION OF ALTOS AVENUEPLAT OF NORTH SACRAMENTOSUBDIVISION No. 10, 15 B.M. 31CITY OF SACRAMENTOTHE BASIS OF BEARINGS OF THIS EXHIBIT IS COINCIDENT WITH STATE OF CALIFORNIACOUNTY OF SACRAMENTOTHE PLAT OF NORTH SACRAMENTOSUBDIVISION No. 10, 15 B.M. 31 (1) 15 B.M. 31 STREET CENTERLINE B.M.BOOK OF MAPSLLENGTH OF CURVERRADIUSDIMENSION POINTTHIS EXHIBIT IS BASEDON RECORD DATA. NOFIELD SURVEY WASPERFORMED.
FEBRUARY 28, 2023