City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01429 8/27/2024 Public Hearing Item 13.
Vacation of a Portion of the Public Road Easement and Rice Alley, Proceeding No. VAC24- 0004 (Noticed 08/13/2024 and 08/20/2024)
File ID: 2024-01429
Location: Portion of R Street and Rice Alley located between 2nd Street and 3rd Street in District 4, Represented by Councilmember Valenzuela
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating a portion of the public road easement along R Street and Rice Alley.
Contact: Thomas Adams, Project Manager, (916) 808-7929, [email protected]; Jennifer Johnson, Supervising Engineer, (916) 808-7754, [email protected]; Ofelia Avalos, Engineering 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 Road Easement Area to be Vacated 4-Exhibit B Plat/Map of Public Road Easement Area to be Vacated 5-Exhibit C Legal Description of Rice Alley to be Vacated 6-Exhibit D Plat/Map of Rice Alley to be Vacated
Description/Analysis
Issue Detail: This request to vacate a portion of the public road easement along the south side of R Street and Rice Alley located between 2
nd Street and 3rd Street is to facilitate the proposed
redevelopment of the existing historic four-story 205,332 square foot building located at 1800 3rd Street. The adaptive reuse of this site will provide 132 multi-unit dwellings, office, retail, and restaurant space along with a subterranean mini-storage and 60 parking spaces.
File ID: 2024-01429 8/27/2024 Public Hearing Item 13.
The roughly 28-foot-wide portion of the public road easement located on the southside of R Street is part of the privately maintained landscape area and is considered excess and not needed for present or prospective public use. A public service easement will be reserved over the area of Rice Alley for maintaining existing and future utilities.
Policy Considerations: The action recommended in this report is consistent with the Sacramento 2040 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 road easement along a portion of R Street including Rice Alley in the block bounded by 2 nd Street, 3rd Street, R Street and S Street and determined that this is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15305, 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: An application to vacate a portion of the public road easement along the southside of R Street along with Rice Alley located between 2 nd Street and 3rd Street to
redevelop the existing property located at 1800 3rd Street has been filed with the Department of Public Works. The existing building located at 1800 3rd Street was previously utilized as office space by the State of California. Currently, the building is vacant and unoccupied. Vacating the excess public road easement along the southside of R Street and Rice Alley will help facilitate the proposed mixed-use development detailed under entitlements project P24-009 with the Community Development Department. The proposed vacation of the excess public road easement will not affect or alter the existing sidewalk or paved portions of R Street, although additional improvements may be required to meet Americans with Disabilities Act (ADA) requirements for public safety. The proposed vacation of Rice Alley is conditioned to reserve a public service easement for maintaining the existing and any future utility services. The proposed areas to be vacated are not necessary for present or prospective public use.
The City’s Planning Division requires that entitlements listed under P24-009 be approved to utilize the areas requested for vacation to be consistent with the 2040 General Plan goals and policies, land
File ID: 2024-01429 8/27/2024 Public Hearing Item 13.
use designation, and the permissible densities and intensities of use for the project site. This vacation request has been routed to affected utility agencies and other City departments. These agencies along with City staff support the vacation request.
Financial Considerations: The estimated cost to process this vacation request is approximately $4,400. 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. 2024-XXXX
Adopted by the Sacramento City Council
August 27, 2024
Vacation of a Portion of the Public Road Easement and Rice Alley, Proceeding No.
VAC24-0004
BACKGROUND
A. An application has been filed with the Department of Public Works to vacate a portion of the public road easement and Rice Alley located between 2nd Street and 3rd Street for the proposed mixed-use development identified as The Diggs Project (P24-009). The roughly 28-foot-wide portion of the public road easement located on the southside o f R Street is part of the privately maintained landscape area and is considered excess and not needed public use. A public service easement will be reserved over the area of Rice Alley for maintaining existing and future utilities. The areas identified as Exhibits A, B, C and D as shown in the attached Resolution are unnecessary for present or prospective public use.
B. The vacation request of the public road easement along R Street and Rice Alley will help facilitate the proposed mixed-use development of the five-story historic building (P24-009).
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 identifies that the approval of the entitlements detailed under P24 -009 along with the approval of this vacation request is consistent with the City of Sacramento’s 2040 General Plan.
BASED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.
Based upon substantial evidence present in the record of the proceedings regarding this matter, the City Council hereby makes the following findings:
A. The portion of the R Street public road easement and Rice Alley more specifically described in Exhibits A , B, C and D of this Resolution, are unnecessary for present or prospective public use and are vacated subject to the reservation specified below in Section 3.
SECTION 2.
The vacation of the R Street public road easement and Rice Alley, more specifically described in Exhibits A, B, C and D 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 in Rice Alley which is more specifically described in Exhibits C and D 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 as part of the proposed mixed-use development of the five-story historic building approved under P24-009, the vacation is consistent with the City of Sacramento’s 2040 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, B, C and D are incorporated into and made part of this resolution.
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF A PORTION OF ROAD EASEMENT
ALONG R STREET
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA BEING THAT PORTION OF R STREET IN THE BLOCK BOUNDED BY 2"o STREET, 3RD STREET, R
STREET AND S STREET ACCCORDING TO THE OFFICIAL PLAT OR MAP THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 23 FEET OF R STREET ADJACENT THE WEST ONE HALF OF LOT 1 , TOGETHER WITH THE SOUTHERLY 28 FEET OF R STREET ADJACENT THE EAST ONE HALF OF LOT 1 , TOGETHER WITH THE SOUTHERLY 28 FEET OF R STREET ADJACENT LOTS 2, 3 AND 4 0F THE AFOREMENTIONED MAP.
SAID PROPERTY CONT AINS O.201 AC (8,760 SQ FT) MORE OR LESS.
END OF DESCRIPTION FOR "PORTION R STREET".
PREPARED BY: CUNNINGHAM ENGINEERING CORP.
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EXHIBIT B
VACATION OF A PORTION OF ROAD EASEMENT ALONG R
STREET IN THE BLOCK BOUNDED BY 2ND STREET, 3R[) STREET,
R STREET AND S STREET
CITY OF SACRAMENTO ST ATE OF CALIFORNIA
SCALE:
1"=80'
DATE:
07/08/24
SHEET
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EXHIBIT B
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF RICE ALLEY
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SACRAMENTO,
COUNTY OF SACRAMENTO, ST ATE OF CALIFORNIA BEING THE ALLEY IN THE BLOCK BOUNDED BY 2"o STREET, 3RD STREET, R STREET AND S STREET, ACCCOR[)ING TO THE OFFICIAL PLAT OR MAP THEREOF.
RESERVING THEREFROM A PUBLIC SERVICE EASEMENT THEREON.
SAID PROPERTY CONTAINS O.147 AC (6,417 SQ FT) MORE OR LESS.
END OF DESCRIPTION FOR.
PREPARED BY- CUNNINGHAM ENGINEERING CORP.
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EXHIBIT B
VACATION OF RICE ALLEY IN THE BLOCK BOUNDED BY
2ND STREET, 3RD STREET, R STREET AND S STREET
CITY OF SACRAMENTO ST ATE OF CALIFORNIA
SCALE:
1"=80'
DATE:
06/28/24
SHEET
1 0F 1
EXHIBIT D