HomeMy WebLinkAboutStaff Report 124-08City of Palo Alto
C ty Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
6
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:JANUARY 22, 2008 CMR: 124:08
SUBJECT:ADOPTION OF A RESOLUTION SUMMARILY VACATING A
PORTION OF THE A_BANDONED EMBARCADERO ROAD RIGHT-OF-
WAY AND RESERVING A PUBLIC UTILITIES EASEMENT
ADJACENT TO THE TOWN & COUNTRY VILLAGE SHOPPING
CENTER, 855 EL CAMINO REAL
RECOMMENDATION
Staff recommends that Counci! adopt the attached resolution summarily vacating a portion of the
abandoned Embarcadero Road right-of-way and reserving a public utilities easement along
Embarcadero Road adjacent to the To~aa & Country Village Shopping Center, 855 E1 Camino
Real.
DISCUSSION
In conjunction with a redevelopment project for the Town and Country Village shopping center,
the owner/developer has requested that the City vacate a segment of the abandoned 37-foot right-
of-way for the former Embarcadero road (see plat map attached to Resolution). This right-of-way
is no longer used or needed for street purposes. The vacated right-of-way will be used to provide
additional parking and vehicular circulation for new development on the site, including a new
grocery store. The City will retain a portion of the right-of-way for pedestrian and bicycle use
and will retain a utility easement over the entire right-of-way. In exchange for the use of the
vacated right-of-way, totaling about 9,000 square feet, the ox~aaer/developer will: !) construct a
bike/pedestrian path on the remaining segment of the abandoned right-of-way; and 2) install a
new traffic signal at the intersection of the shopping center main driveway mad Embarcadero
Road. In addition, the developer has included a number of bicycle and pedestrian improvements
into the project: new railing along both sidewalks on Embarcadero in the vicinity of the
signalized pedestrian crossing; re-landscaping of the planted area behind the sidewalk along
Embarcadero Road to provide a wider flat walking surface for pedestrians;.and enlargement of
the island for pedestrian storage area on the shopping center side of the signalized pedestrian
crosswalk on Embarcadero Road. The bike!pedestrian path will provide a connection to the bike
path extending along the west side of the Caltrain right of way, which is adjacent to the easterly
boundary of the shopping center. The traffic signal will mitigate traffic impacts of the new
development on the site and improve traffic flow at the intersection. The redevelopment project
for the shopping center was recommended for approval by the Architectural Review Board on
December 20, 2007.
CMR: 124:08 Page 1 of 3
The attached Resolution will vacate a portion of the City’s abandoned right-of-way (see plat map
attached to Resolution). This right-of-way is no longer needed for street purposes; however, it
does contain utility facilities. Therefore, the Resolution also reserves an easement for utilities.
Staff has notified the City Utilities, PUblic Works and Planning departments of the proposal to
vacate the right-of-way, and all concur with the vacation subject to the reservation of a utility
easement. The portion of the right-of-way to be vacated is not necessary for any present or future
use, except for utilities facilities, and therefore it may be smrunarily vacated, subject to the
reservation of a PUE in accordance with Section 8334 of the California Streets and Highways
Code.
RESOURCE IMPACT
The owner/developer’s cost to install the bike/pedestrian path and the traffic signal is estimated
at a minimum of $366,000. In exchange for the 9,000 square feet of right-of-way to be vacated,
the $366,000 cost amounts to $40.00 per square foot. This is a fair value for use of the vacated
right-of-way, especially considering the City will reserve an easement, for utilities beneath the
entire right of way to be vacated.
POLICY IMPLICATIONS
The reconnnendation does not represent any change to City policies. The Plamfing Department
has determined that the vacation of a portion of the public right-of-way and the reservation of a
public utility easement is in conformity with the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
The proposed sunamary vacation of the portion of the street right-of-way is categorically exempt
from the review under the California Enviromaaental Quality Act (CEQA) pursuant to Title 14
California Code of Regulations Section 15305 as a minor alteration in land use limitations.
PREPARED BY:
/,-,WILLIAM FELLMAN /
Manager, Real Property /
DEPARTMENT HEAD APPROVAL:
LALO PEREZ
Director, Administrative Se~wices
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
ATTACHMENTS
Attaclvnent A: Summary Vacation Resolution
CMR: 124:08 Page 2 of 3
cc: Ellis Partners, LLC
CMR: 124:08 Page 3 of 3
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
U ~ P
SPACE ABOVE LINE FOR RECORDER’S
~ m No :
Project No.:
Project:
120-34-012
CEV 07/03
Vacation of Public
Right-of-way - Town &
Country Shopping
Center, 855 E! Camino
Rea!
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A PORTION OF THE
ABANDONED EHBARCADERO AVENUE ROAD RIGHT-OF-WAY
AND RESERVING AN EASEHENT FOR UTILITIES ADJACENT
TO THE TOWN & COUNTRY SHOPPING CENTER, 855 EL
CAHINO REAL
S, Chapter 4 or the Public Streets,
<ervi~= Easements Vacation Law, coKumencing with
Hi ghways Code section 8~0, provides for s u~ma ry
streets and public service easements; and
Highways and
Streets and
v~cat!o~ of
WHEREAS, the City of Palo Alto acquired the right-
of-way for street purposes located along Embarcadero Road adjacentto 855
El Camino Real as shown on "PLAT of a tract of Land on the SAN FRANCISQUITO
RANCHO owned by CAPT. JOHN GREER," Map was flied March I 1, ] 878 in Book A
of Maps page 3, Records of Santa Clara Count}.,; and being a portion of the 32 ½ acres as
shown on said Map, also being apart of the right of way as shown on the "FINA£
CORRECTED PLANS OF EMBARCADERO ROAD UNDERPASS, DRAWING NO.
]0,456 MARCH 1937, FILE NO. ]O-A-I, SHEET 1 OF 20" (see City of Palo Alto file
number 120-1102-003 and 120-1102-009 for right of way dimensions along section being
abandoned); and.
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-
way for a str@et which is not required for street or highway
purposes; and
WHEREAS, a portion of the aba..@oned Embarcadero Avenue
road right-of-way is no longer used or required for street or
highway purposes; and
WHRRR~S, ~._~ in-place public utility facilities within
the street right-of-way to be .......will ~ ¯~_,~,~c~c~a not be az_ecrea due
-~’’~. ’~t~on p_acea on _~ :he ~,~e .....~ ’this vacation that the City shall
reserve a public service easement for utilities;and
WHEREAS, the City Council -i ~ ’ ~__n~en~s ~o su~mari!y vacate a
portion of a public service easement for streets, reserving a
public service easement for utilities, as more particularly
described in Exhibit "A", attached to this resolution and
~ep±c~ee on <..e plat map attached as Exhibit B to this
resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. 124:08, da~ed January 22, 2008, submitted by the
City Manager to the City Council setting forth the reasons for
zhe suK~mary vacation of the portion of the street right-of-way
and the reservation of the public service easement for utilities
("Report").
NOW, T’:P~m~_n=H=~OR~R, the.. City Council does hereby .RESOLVE as
follows:
SECTION i.Th~_._~City Council hereby adopt< the Report
and, based upon the Report and a!! other ~v~@ence subm=t~@,
makes the fo!lowing {indings:
!. The portion of the abandoned Embarcadero Avenue
road right-of-way is excess right-of-way and not required for
street or highway purposes; and
2.This vacation is subject to the condition that
%he_public service eas~m~.~ = =n~ for ut{~itles ....is reserved for the
City; and
3.The_~or~ion~’ of street right-of-way is not needed
~ac_lities,except forfor present or prospective public ~ ~
utilities;and
4. The public convenience and necessity do require
reservation of the public service easement for utilities; and
2
vacated i s
facility; and
The portion of <he street right-of-way to be
not useful as a non-motorized transportation
6. The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the
planning demartment that the vacation of the portion of the
street right-of-way and reservation of an easement for utilities
is in conformity with the Pa!o Alto Comprehensive Plan.
SECTION 2. Based umon the findings made in Section i of
this Resolution and the provisions of Section 8334 of the
Streets and Highways Code, the City Counci! does hereby order
that the portion of the street right-of-way as shown on the
attached map(s) sha!l be and hereby is sus~Lari!y vacated,
subject to the reservation of the easement for utilities.
~.~ City Clerk, acting by and through the
Real Promer~y. manager, ~ ..~_h=reb~,~ directed to record at ~qanta
this Resolution,~:_~"~-<~ County ~eco_es a certlz!e@ copy or _
inc~ud{n@ the !,~m~ and t
SECTION 4. The portion of the public service easement
’~ ~ ....~..e platfor streets descrm~e in Exhibit "A" and @epmcred in
mam attached as Exhibit B" will no longer consrmnure a
right-of-way but wi!l constitute a public service easement for
utilities from and after the date of recordation of the
documents identified in Section 3 of this Resolution.
SPPTiON=, ........~ The Counci~ f:±nes~ that su~marv_ vacation o~_
the mortion of the street right-of-way and reservation of an
easement for utilities 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.
PASSED:
AYES:
NOES :
....... :.~ROvED:
City Clerk
APPROVED AS TO FORH:
Havor
APPROVED:
Senior Asst. %±~j Attorney C!~y Hanager
Director of Administrative
Services
LEGAL DESCRIPTION
SUMMARY VACATION
PORTION OF EMBARCADERO ROAD, PALO ALTO
BEING A SUMMARY VACATION OF REAL PROPERTY IN THE CITY OF PALO ALTO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL ONE, AS DESCRIBED IN THE
TRUST TRANSFER DEED RECORDED MARCH 28, 2007, DOCUMENT NO. 19362067, SANTA
CLARA COUNTY RECORDS;
THENCE SOUTH 70°10’00" WEST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL
ONE, A DISTANCE OF 336.77 FEET;
THENCE SOUTH 51°45’00’’ EAST, A DISTANCE OF 32.22 FEET;
THENCE NORTH 70°10’00’’ EAST, A DISTANCE OF 306.51 FEET;
THENCE NORTH 38°15’00" EAST, A DISTANCE OF 25.69 FEET TO AN INTERSECTION WITH
THE SOUTHWESTERLY LINE OF THE PENINSULA CORRIDOR JOINT POWERS BOARD
RIGHT-OF-WAY;
THENCE NORTH 51°45’00’’ WEST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 16.22 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 9,004 SQUARE FEET OR 0.2t ACRES MORE OR LESS.
THE PROPERTY DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, "EXHIBIT B",
AND BY REFERENCE, MADE A PART HEREOF.
SHEET ] OF 2
, I
S72"~YO0"£
GRAPHIC SCALE
inch = !2o ft.
LEGEND:
ALL DISTANCES AND DIMENSIONS ARE it< FEET AND
DECIMALS THEREOF.
Hrl~i~,._, BOUNDARY LINES
OLD RIOHT-OF-WAY LINE
m r-rARCLL LINES
STREET CENTERLINE
PLAT TO ACCOMPANY LEGAL DESCRIPTION
605 Castro Street I Mountain V~ew, CA 94041 I P. 650.969.6900 I F. 650.969.5472 I
EXHIBIT "B"
s:~,~: v’:,2o’SUMMARY VACATION
*o~ovm~ ~EMBARCADERO ROAD
~WING N0.:
~n~PAIO ALTO CAlIFORnIA or 2 SHEETS
204i48