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Home My WebLink AboutStaff Report 5.B 12/3/2012 ApiwidcuIteww#5 .3 Ir DATE: December 3, 2012 TO: Honorable Mayor and'Members of the City Council through City Manager FROM: Dan St.John, F. ACSE —.Director of Public Works and Utilities Curtis M. Bates, P:E. - CityEngineer SUBJECT: Resolution Ordering:the Summary Vacation of an Existing'Irrevocable Offer of Dedication of Grayview Way and Professional Drive as shown on Parcel 2 of Petaluma Parcel Map No. 170, Assessor Parcel Number 007-380-005. RECOMMENDATION. • It is recommended that the City Council adopt;the attached resolution ordering the summary vacation of an existing irrevocable offer of dedication of Grayview Way and Professional Drive as shown on Parcel 2 of Petaluma Parcel Map No. 170,.Assessor Parcel Number 007-380-005. BACKGROUND This existing irrevocable•offer.ofdedication for public street and utility purposes was offered to, but not accepted by, the City of Petaluma in 1980 as part of Parcel Map'170 to align with future development based on land use at the time The parcel was never developed and is currently vacant, open grass land. The-land developmentgroup, Merlone Geier,,purchased the property with the intent of creating the:DeerCreek Plaza Shopping.Center. The City Council approved the Final EnvironmentalImpact Report for the Deer Creek'Plaza°project on April 2, 2012 and the Planning Commission approved'the site plan and architectural review (SPAR) August 14, 2012. Condition of approval number 79 from Resolution 2012-13 (SPAR,approval from the Planning Commission),;requires that the developer vacate the irrevocable offer prior to issuanceof any building permits. The action to vacate the'offefbfdedication requires approval by the City Council. This proposal has=;been referred'to the necessary public utility companies for input. Staff has received notification:from these companies that there are no objections to the vacation and no existing utilities'within;the areato be vacated as well as;no planned utilities other than what's necessary for development of the.Deer Creek Plaza Shopping Center. Agenda'.Review: • City Attorney l / Finance Director i city Ivtanager 1 . • DISCUSSION • Vacation"(abandonment)of offers of dedication or public'service:easements is governed by California:Streets and Highways Code, Division 9, Part 3, Chapter 3, Sections 8300 et seq. Under Section 8334, summary vacation, whichis a sim'pler process than a standard vacation, can be used for an offer of dedication or public service easement that has not been for the purpose for which it was dedicated for,at least five years immediately prior to the vacation. This proposal is eligible for the summary vacation process, which does not have to go to the Planning Commission for review of.General Plan consistency and does not•require notice other than on the Council agenda. The vacation is exempt from the California Environmental Quality Act (CEQA) under section 15301 of the CEQA,Guidelines, as a minor alteration of existing highways and streets,and similar facilities involving negligible or no expansion-of use: •I The City does not possess title interest'in the Jevocable offer but it is still necessary to vacate the offer of dedication as part of the development of the approved'Deer Creek Plaza Shopping Center.In order to approve the:summary vacation, the City Council,must find the subject portion of the•offer of dedication unnecessary for present or prospective public use. Private benefit from the vacation does not make the action improper; however, the vacation should only be approved if the easement is no longer necessary for public use and should not tie approved if it is primarily to benefit a private party. The proposed action meets Council Goal: ``Impiove and enhance fiscal stability and sustainability". • FINANCIAL IMPACTS • The:City has received a deposit rof$1;!34.00 from the applicant for processing costs: Through November 2012, staff and legal fees spent on the project totaled $450.00, leaving a balance of $684.00. ATTACHMENTS 1. .Draft-Resolution 2. Exhibit A_existingconditions map of area::proposed to be vacated 3. Parcel'Map,.170 • • 2 • • Attachment 1 • • DRAFT RESOLUTION NO. NCS RESOLUTION ORDERING THE SUMMARY VACATION OF AN EXISTING IRREVOCABLE•OFFER OF DEDICATION OF•GRAYVIEW'WAY AND PROFESSIONAL DRIVE,AS,SHO WN ONE PARCEL;2°OF:PETALUMA PARCEL MAP NO. 170, BOOK 316, PAGE 19 SC:R. ASSESSOR PARCEL NUMBER 007-380-005. 1 WHEREAS, pursuahfto Sections 8300 et seq. of the California:Streets and Highways Code,applicant Merlone Geier requests that the City:Council summarily vacate the Existing Irrevocable Offer of Dedication of Grayview Way and Professional Drive as shown on Parcel 2 of Petaluma Parcel Map No 170, Assessor Parcel Number 007-380-005, shown in Exhibit A; and • WHEREAS, the irrevocable offer ofdedicatiori was never accepted by the City and has not been used for which-it was grantedfor"=more than five consecutive years immediately preceding this action; and WHEREAS, the City Council,,having duly received and'considered evidence concerning. the facts in this proceeding finds from all the evidence,submitted that;the irrevocable offer of dedication hereinafter described;isunnecessary1for present or prospective public roadway and utility purposes; and ' WHEREAS, the action taken by this resolution is exempt from',theiCalifornia Environmental Quality Act'pursuant to California Code of Regulations, Title 14, Chapter 3 ("CEQA Guidelines"), Section 15301'as the minor alteration of existing highways and streets and similar facilities involving negligible or no expansion of use;and NOW, THEREFORE, BE IT'RESOLVED by-the City,+Council of the City of Petaluma„pursuant to and irr accordance with the authority contained in Division 9, Part 3, . . Chapter 3 of the California Streets and Highways Code; including but not limitedto Streets and Highways Code Section 8333';That the=irrevocable offer of dedication described on Parcel 2 in Exhibit A.(City of Petaluma Parcel Map 170, Book 31'6, Page 19 5.C:R.)•attached hereto, which is incorporated herein by reference be,and the same is hereby ordered vacated,;abandoned and forever closed to public use with;the^following condition: 1. If the vacation resolution.is:not recorded within one year of approval, the vacation shall be considered null and void. 3 • BE IT FURTHER RESOLVED that the City Clerk is 'directed to cause a certified copy of this Resolution, attested by said Clerk under.the seal of said City, to be recorded in the Office of the Recorder of Sonoma county, California. • • • • • • 4 Attachment 2 . • • pp ¢P i i Y�" Y � I�, y mil �4t`! la {ppp\ t � ry s.IRI I i . iJ 'I !. 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