HomeMy WebLinkAboutStaff Report 353-07City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL ~.~
CITY 5~NAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
SEPTEMBER 24, 2007 CMR: 353:07
ADOPTION OF A RESOLUTION SUMMARILY VACATING A PUBLIC
UTILITY EASEMENT AT 325 LYTTON AVNUE
RECOMMENDATION
Staff recommends that Council approve the attached Resolution Summarily Vacating a Public
Services Utilities Easement (PUE) located at 325 Lytton Avenue.
DISCUSSION
The owner of the property at 325 Lytton Avenue plans to remove the existing building and
redevelop the property. The new building will encroach on the City’s existing PUE. As a
condition of approval of the project, the Utilities Department required the owner to grant the City
a new PUE to replace the existing PUE, which has never been used. The owner will grant a new
PUE in exchange for the City vacating the existing easement. Staff has notified SBC
Communications and the City Utilities, Public Works and Planning Departments of the proposal
to vacate the existing PUE, and all concur with the vacation. The PUE would not be useful due
to its limited use and size. This PUE is not necessary for any present or future use, and it rnay be
summarily vacated in accordance with Section 8333 of the California Streets and Highways
Code. Before issuance of a final certificate of occupancy, the owner will be required to grant the
City a new PUE.
RESOURCE IMPACT
The easement-vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, is
not applicable when a new easement is granted in exchange for the one vacated.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
CMR: 353:07 Page 1 of 2
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from the review under the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
PREPARED BY:./~//2~~~/(/
DEPARTMENT HEAD APPROVAL:
CITY MANAGER APPROVAL:
WILLIAM W. FELLMAN
Manager, Real Property
CA~ YEATS
~i?.~~~tive Services
t-’-EMILY HARRISON
Assistant City Manager
ATTACHMENTS
Attachment A: Summary Vacation Resolution
cc: Property Owner
CMR: 353:07 Page 2 of 2
ATTACHMENT A
Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY OF PALO ALTO/REAL ESTATE
250 Hamilton Avenue
P.O. BOX 10250
PALO ALTO, CA 94303
SPACE ABOVE LINE FOR RECORDER’S USE
A.P. No.:
Project No.:
Project:
120-14-102
CEV 07/01
Vacation of Public
utility easement, 325
Lytton Avenue
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY
VACATING A PUBLIC SERVICE EASEMENTFOR UTILITIES AT 325 LYTTON
AVENUE
WHEREAS, Chapter 4 of the Public Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330, provides for summary vacation of
streets and public services easements; and
WHEREAS, the City of Palo Alto acquired a public service
easement for utilities on the property at 325 Lytton Avenue as
shown on the Grant of Easement recorded in Book J636 Page 1038,
Document #8726342 in the office of the Santa Clara County Recorder
on March 21, 1986; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
utility easements when the easement has never been used for the
purpose for which it was dedicated for five consecutive years; and
WHEREAS, the City Council intends to summarily vacate the
public utility easement as more particularly described in Exhibit A
attached to this Resolution; and
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
Exhibit C of 3 1
SECTION i.
findings:
The City Council hereby makes the following
i. The public utility easement at 325 Lytton Avenue has
not been used for five consecutive years;
2. No public facilities are located within the public
utility easement; and
3. The public utility easement is not needed for
present or prospective public facilities; and
4.The public convenience and necessity do not
require reservation of any portion of the public utility easement;
and
5. The public utility easement to be vacated is not
useful as a non-motorized transportation facility; and
6.The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the Planning
Department that the vacation of the public utility easement is in
conformity with the Palo Alto Comprehensive Plan.
SECTION 2. Based upon the findings made in Section 1 of
this Resolution and the provisions of Section 8333 of the Streets
and Highways Code, the City Council does hereby order that the
public utility easement as described on Exhibit A shall be and
hereby is summarily vacated.
SECTION 3. The City Clerk, acting by and through the Real
Property manager, is hereby directed to record at Santa Clara
County Records a certified copy of this Resolution.
SECTION 4. The easement for public utility purposes
described in Exhibit A will no longer constitute a public easement
from and after the date of recordation of the documents identified
in Section 3 of this Resolution; and
SECTION 5. The Council finds that summary vacation of the
five-foot public utility easement is exempt from review under the
California Environmental Act pursuant to Title 14 California Code
of Regulations section 15305 as a minor alteration in land use
limitations.
Exhibit C of 3 2
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
APPROVED:
City Manager
Director of Administrative
Services
Exhibit C of 3 3