City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00967 5/13/2025 Item 17.
Vacation of the Public Road Easement at 1016 Carmelita Avenue, Proceeding No. VAC24-0003 [Published 04/14/2025; 4/21/2025; Noticed 4/17/2025; 5/1/2025] File ID: 2025-00967
Location: Southside of Carmelita Avenue between Silvano Street and Cypress Street, District 2 Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution vacating a portion of the Public Road Easement (PRE).
Contact: Thomas Adams, Project Manager, (916) 808-7929, [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 Description/Analysis
Issue Detail: The property owner of 1016 Carmelita Avenue has requested the vacation of a 21-foot- wide portion of the Public Road Easement (PRE). The PRE identified as Carmelita Avenue has an 80 -foot-wide road width as detailed with the plat of “North Sacramento Heights” filed in Book 12 at Page 22 of maps with the Office of the Sacramento County Recorder. The roughly 21-foot-wide portion of the PRE requested for vacation is currently unimproved yard space with no public improvements. A 10-foot-wide portion of the PRE will be reserved as a Public Utility Easement (PUE) for existing utility services as detailed in exhibits A and B of the attached Resolution. The applicant currently has an application (DR23-229) on file with the Community Development Department to expand the existing single-family dwelling. The applicant has no plans to build within this area. Vacating this area will help facilitate the setback requirements to expand the living space for the existing single-family unit.
Policy Considerations: The action recommended in this report is consistent with the Sacramento
File ID: 2025-00967 5/13/2025 Item 17.
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: The Community Development Department, Environmental Planning Services Division has reviewed this vacation/abandonment of a portion of the Public Road Easement along with the Public Utility Easement reservation at 1016 Carmelita Avenue and determined that this vacation is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, 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 application filed with the Department of Public Works requests to vacate a 21-foot-wide portion of the Public Road Easement (PRE) and reserve a portion of the easement as a Public Utilities Easement (PUE) for existing utility services along the frontage of 1016 Carmelita Avenue. Carmelita Avenue exists as an 80-foot-wide PRE in which a portion is unimproved and is not needed for public access or public services. The residential properties along this portion of Carmelita Avenue have front yards existing within the 80-foot-wide PRE. This area requested for vacation is not within any improved area of the PRE and therefore not needed for public use. There are existing utility services that require a PUE reservation to access and maintain existing facilities.
Approval of this vacation request is consistent with the 2040 General Plan land use designation and the permissible densities and intensities of use for the project site. City staff supports this 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. 2025-XXXX
A
dopted by the Sacramento City Council
A
pril 29, 2025
V
acation of a Portion of the Public Road Easement at 1016 Carmelita Avenue, Proceeding No. VAC24-0003
BACKG
ROUND
A. T
he property owner of 1016 Carmelita Avenue has filed an application with the Department of Public Works to vacate a portion of the Public Road Easement (PRE). The 80-foot-wide PRE identified as Carmelita Avenue as shown on the plat “North Sacramento Heights” filed in the office of the Sacramento County Recorder in Book 12 of Maps at Page 22 exists within the area of North Sacramento . The 21-foot-wide portion of the PRE requested for vacation identified as Exhibit A and Exhibit B as shown with the attached Resolution is not needed for public use.
B. T
he vacation of a portion of the 21- foot-wide portion of the PR E will help facilitate the proposed addition to the existing single-family dwelling (DR23-229).
C. A Pu
blic Utilities Easement will be reserved for access and maintenance of the existing utilities.
D. T
he 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 2040 General Plan.
BAS
ED ON THE FACTS SET FORTH IN THE RECITALS, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SE
CTION 1.
B
ased upon substantial evidence present in the record of the proceedings regarding this matter, the City Council hereby makes the following findings:
A. T
he Public Road Easement (PRE) more specifically described in Exhibits A and B of this Resolution, is unnecessary for present or prospective public use and are vacated subject to the reservation below specified in Section 3.
SE
CTION 2.
The Public Utility Easement reservation for public utilities, 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 Utilities 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 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 and B are incorporated into and made part of this resolution.
EXHIBIT “A”LEGAL DESCRIPTIONVACATION OF PUBLIC ROAD EASEMENT AT 1016 CARMELITA AVENUEPAGE 1 OF 2 ALL REAL PROPERTY SITUATE IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 10, BLOCK 26 AS SHOWN ON THAT CERTAIN MAP ENTITLED “NORTH SACRAMENTO HEIGHTS”, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SACRAMENTO COUNTY, CALIFORNIA, ON JUNE 9, 1911, IN BOOK 12 OF MAPS, MAP NO. 22. TOGETHER WITH ALL THAT CITY RIGHT OF WAY LOCATED IN SAID NORTH SACRAMENTO HEIGHTS SUBDIVISION FILED IN BOOK 12 OF MAPS, MAP NO. 22, BEING WITHIN THE RIGHT OF WAY OF CARMELITA AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10, BLOCK 26 “NORTH SACRAMENTO HEIGHTS SUBDIVISION”, RECORDED IN BOOK 12 OF MAPS, MAP NO. 22, THENCE NORTHERLY ALONG THE NORTHERLY PROJECTION OF THE WEST LINE OF LOT 10, 21.74 FEET, MORE OR LESS, TO A POINT ON THE EXITING BACK OF SIDEWALK AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 881.90 FEET, SUBTENDED BY A CHORD BEARING NORTH 22°45’38” WEST; THENCE NORTHEASTERLY ALONG THE EXISTING BACK OF SIDEWALK, THROUGH A CENTRAL ANGLE OF 03°53’18” AN ARC DISTANCE OF 59.81 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST LINE OF LOT 10; THENCE SOUTH ALONG SAID PROJECTION LINE, 21.18 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 10; THENCE SOUTHWESTERLY ALONG THE NORTH LINE OF LOT 10, 60.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 10 AND POINT OF BEGINNING. RESERVING THEREFROM A PUBLIC UTILITY EASEMENT (P.U.E.) DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10, BLOCK 26 “NORTH SACRAMENTO HEIGHTS SUBDIVISION”, RECORDED IN BOOK 12 OF MAPS, MAP NO. 22, THENCE NORTHERLY ALONG THE NORTHERLY PROJECTION OF THE WEST LINE OF LOT 10, 21.74 FEET, MORE OR LESS, TO A POINT ON THE EXISTING BACK OF SIDEWALK AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 881.90 FEET, SUBTENDED BY A CHORD BEARING NORTH 22°45’38” WEST; THENCE NORTHEASTERLY ALONG THE EXISTING BACK OF SIDEWALK, THROUGH A CENTRAL ANGLE OF 03°53’18” AN ARC DISTANCE OF 59.81 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST LINE OF LOT 10; THENCE SOUTH ALONG SAID PROJECTION LINE, 10.58 FEET TO A POINT THEREON AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 871.90 FEET, BEING SUBTENDED BY A CHORD BEARING NORTH 19°05’59” WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°19’21”, AN ARC DISTANCE OF 50.55 FEET; THENCE SOUTH 11°51’15” EAST, 10.51’ TO THE NORTH LINE OF LOT 10; THENCE ALONG THE NORTH LINE OF LOT 10, 11.58 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 10 AND POINT OF BEGINNING.
EXHIBIT “A”LEGAL DESCRIPTIONVACATION OF PUBLIC ROAD EASEMENT AT 1016 CARMELITA AVENUEPAGE 2 OF 2CONTAINING 1,219 SQ. FT., MORE OR LESS. EXHIBIT B ATTACHED HERETO MADE A PART THEREOF.RICHARD F. AVILES, P.L.S. 9273DATE:
CHECKED JOB NO. DATE SHEET NO. TOTAL SHEETSSCALEPREPARED FOR: DRAWN WWW.ADV-GEO.COM
4632 RINGNECK COURT SACRAMENTO CA 95842
(916) 696-6684
ADVANCED
LAND SURVEYING LAND PLANNING
RFA AG-24-100 02-25-2025 1"=20' 1 1HECTOR CHAVEZ STAFF
CALIFORNIA
1016 CARMELITA AVENUE
EXHIBIT 'B'
PUBLIC ROAD EASEMENT VACATION
CITY OF SACRAMENTO
N
LOT 10, BLOCK 26 OF "NORTH SACRAMENTO HEIGHTS"
BOOK 12 OF MAPS, PAGE 22, S.C.R.
SACRAMENTO COUNTY, CALIFORNIA
VAC24-0003
CARMELITA
LOT 10
BLOCK 26
"NORTH SACRAMENTO HEIGHTS"
12 B.M. 22, S.C.R.
LOT 9
LOT 11
LOT 19
LEGEND
AVE
SACRAMENTO COUNTY
SILVANO
STREET