HomeMy WebLinkAboutPlanning Commission Resolution 2023-04 04/25/2023Planning Commission Resolution No. 2023-04 Page 4
RESOLUTION 2023-04
CITY OF PETALUMA PLANNING COMMISSION
Making a General Plan Conformity Determination and Additional Findings Pursuant to
Streets and Highways Code Sections 8300 et. seq. with Respect to the Vacation of a
Portion of an Unused Public Alley Easement Located Between Fair and Sheldon Streets,
north of English Street, on Assessor Parcel Numbers APN 008-023-011 (407 Fair St.), 008-
023-019 (408 Sheldon St.), 008-023-012 (413 Fair St.),008-023-013 (417 Fair St.), 008-023-
005 (416 Sheldon St.), and 008-023-006 (418 Sheldon St.), and
Recommending that the City Council Adopt a Resolution Granting a Summary
Vacation of a Portion of the Unused Public Alley Easement
WHEREAS, property owners of 407, 413, and 417 Fair Street and 408, 416, and 418 Sheldon Street
have requested that the City summarily vacate a portion of an unused public alley easement located
between Fair and Sheldon Streets, north of English Street, on Assessor Parcel Numbers 008-023-011, 008-
023-019, 008-023-012, 008-023-013, 008-023-005 and 008-023-006 as shown on the Easement Vacation
Legal Descriptions attached hereto as Exhibit A; and
WHEREAS, Government Code section 65402(a) regulates government disposition of real property,
mandating that prior to disposing of property, a jurisdiction’s Planning Commission report on the
conformity of that action with the jurisdiction’s General Plan; and
WHEREAS, the vacation of a portion of the public alley easement does not conflict with the Motor
Vehicle Circulation or Bicycle and Pedestrian Circulation sections of the City’s General Plan; and
WHEREAS, the purpose of the vacation is to remove the unused public alley easement from certain
parcels to facilitate future development of the parcels; and
WHEREAS, the additional property square footage that would be made available for development
due to the proposed vacation of a portion of the public alley easement can be used for the
construction of accessory dwelling units that would support implementation of the City’s General Plan
Housing Element; and
WHEREAS, vacating the unused public alley easement as proposed can support the implementation
of the City’s General Plan Economic Health and Sustainability section, as the City will no longer be
responsible for the maintenance or potentially liable for incidents that occur in this portion of the alley;
and
WHEREAS, the Alley proposed to be summarily abated is excess and not needed for street purposes;
and
WHEREAS, the Alley, for a period of five consecutive years, has been impassable for vehicular travel;
and
WHEREAS, no public money was expended for maintenance of the Alley for five years; and
WHEREAS, the Planning Commission of the City of Petaluma held a duly noticed public meeting at
which time all interested parties were given full opportunity to be heard and to be present; and
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Planning Commission Resolution No. 2023-04 Page 5
WHEREAS, the Planning Commission of the City of Petaluma has reviewed the proposed vacation
and has determined that the vacation conforms to the General Plan; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Petaluma hereby finds
that, based on substantial evidence in the record, that:
1. The foregoing recitals are true and accurate and are incorporated into this Resolution as
findings.
2. That the portion of the public alley easement proposed for vacation shown in Exhibit A attached
hereto is in general conformance with the City’s General Plan because:
a. It does not conflict with the Motor Vehicle Circulation or Bicycle and Pedestrian
Circulation sections of the City’s General Plan; and
b. The additional property square footage that would be made available for development
due to the proposed vacation of a portion of the public alley easement can be used for
the construction of accessory dwelling units that would support implementation of the
City’s General Plan Housing Element; and
c. The City’s Economic Health and Sustainability section of the City’s General Plan would be
implemented as the City will no longer be responsible for the maintenance or potentially
liable for incidents that occur in this portion of the Alley.
3. That the Alley has been superseded by relocation.
4. That the vacation of a portion of the public alley easement would not cut off all access to any
person’s property in that access to all subject properties is provided from Fair or Sheldon Streets,
which are public streets maintained by the City.
5. That the vacation of the public alley easement would not terminate a public service easement.
6. That the public alley easement has been impassable for vehicular travel for at least a period of
five consecutive years.
7. That no public money was expended for maintenance of the public alley during the previous
five years.
8. That the public alley is not useful as a nonmotorized transportation facility.
9. That the public alley is an excess right-of-way not required for street or highway purposes.
10. That there are no in-place public utility facilities that are in use and would be affected by the
vacation of the public alley easement.
11. That the vacation of the public alley easement is made under Chapter 4 of the California Streets
and Highways Code.
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Planning Commission Resolution No. 2023-04 Page 6
ADOPTED this 25th day of April 2023, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember Cader Thompson X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
___________________________________
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
________________________________________ _________________________________________
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
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