HomeMy WebLinkAboutStaff Report 404-08C ty Manager’s
City of Palo Alto
Summary Report
8
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:OCTOBER 20, 2008 CMR:404:08
REPORT TYPE: CONSENT
SUBJECT:Adoption of a Resolution Summarily Vacating a Portion of the Laguna Oalcs
Place Street Right-of-Way at 3740 Laguna Avenue
RECOMMENDATION
Staff recommends that Council approve the attached Resolution summarily vacating a portion of
the Laguna Oaks Place street right-of way at 3740 Laguna Drive, Palo Alto.
DISCUSSION ~
The owner of the property at 3740 Laguna Drive has requested that the City vacate an 11.50-foot
portion of the Laguna Oaks Place street right-of-way which runs 108 feet along his southwest
property line (see attached map). The area to be vacated shows on the City parcel maps as part of
the street right-of-way; however, it is not improved as part of the street and contains mature
landscaping which has been in place for many years. The area to be vacated has apparently never
been used for street purposes. Were it to be improved and used as such, it would result in the
roof line and exterior of the house at 3540 Laguna Drive being right next to the street with little
or no setback. Staff has notified the City Utilities, Public Works and Planning departments of the
proposal to vacate the street right of way, and all concur with the Vacation. The 11.50-foot
portion of the right-of-way to be vacated is not necessary for any present or future use, and
therefore it may be summarily vacated pursuant to California Streets and Highways Code
Section 8334 of the California Streets and Highways Code.
RESOURCE IMPACT
The easement vacation processing fee of $1,260.00, as set forthin the Municipal Fee Schedule,
has been paid by the owner.
CMR:404:08 Page 1 of 2
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Plarming Department
has determined that the vacation of the 11.50-foot portion of the public right-of-way is in
conformity with the Palo Alto Comprehensive Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the l l.50-foot portion of the street right-of-way 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:
DEPARTMENT HEAD APPROVAL:
MARTHA MILLER
Senior Financial Analyst
Director, Administrative Services
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A: Summary Vacation Resolution
cc: property owner
CMR:404:08 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:
137-17-020
CEV 07/09
Vacation of Public
Right-of-way - 3740
Laguna Avenue
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SUMMARILY VACATING A PORTION oF THE LAGUNA
OAKS PLACE STREET RIGHT-OF-WAY AT
3740 LAGUNA AVENUE
WHEREAS, Chapter 4 of the Publi, c Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330, provides for summary vacation of
streets and public service easements; and
WHEREAS, the City of Palo Alto maps show an 11.50-
foot strip as a portion of the Laguna Oaks street right-of-
way; however there is no other documentation that the City
of Palo Alto has rights to the ll.50-foot strip; and
WHEREAS, an ll.50-foot portion of the Laguna Oaks Place
street right-of-way is not used or required for street or
highway purposes, and there are no other public facilities
within the street right of way to be vacated; and
WHEREAS, Section 8334 of the Streets and Highways Code
authorizes the City Council to summarily vacate excess right-of-
way for a street which is not required for street or highway
purposes; and
WHEREAS, the City Council intends to summarily vacate an
ll.50-foot portion of a public service easement for streets, as
more particularly described in Exhibit "A", attached to this
]
resolution and depicted on the plat map attached as Exhibit ’~B"
to this resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. , dated , submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of the ll.50-foot portion of the street right-
of-way ’~Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
follows:
SECTION I. The City Council hereby adopts the Report
and, based upon the Report and all other evidence submitted,
makes the following findings:
i. The ll.50-foot portion of the Laguna Oaks Place
street right-of-way is excess right-of-way and not required for
street or highway purposes; and
2. The ll.50-foot portion of street right-of-way is
not needed for present or prospective public facilities; and
3.The public convenience and necessity do not
require reservation of any portioh of the public right-of-way
for street or utilities purposes; and
5.The ll.50-foot portion of~ the street right-of-way
to be vacated is not usef~l 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 ll.50-foot portion
of the street right-of-way 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 8334 of the
Streets and Highways Code, the City Council does hereby order
that the ll.50-foot portion of the street right-of-way as shown
on the attached map 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,
including the Maps and the Report.
SECTION 4. The ll.50-foot portion of the public service
easement for streets described in Exhibit "A" and depicted in
the plat map attached as Exhibit "B" will no longer constitute a
street right-of-way from and after the date of recordation of
the documents identified in Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of
the ll.50-foot portion of the street right-of-way 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.
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
LEGAL DESCRIPTION
EXHIBIT ’ A ’
ABANDONMENT OF RIGHTS
All that certain real property situate in the City of Palo Alto, County of Santa
Clara, State of California, more particularly described as follows:
BEGINNING at a point on the Southwesterly line of Laguna Avenue (40.00
feet in width) distant thereon North 56° 55’. West 80.00 feet from the
Easternmost corner of that certain 3.60 acre tract of land described in the
deed from J.E. Reiter et al to James H. Neal et ux, dated FebPuary 27, 1925,
recorded March 3, 1925 in Book 138 of Official Records, page 542 Santa
Clara County Records, thence from said point of beginning North 56° 55’
West along said Southwesterly line of Laguna Avenue 11.50 feet; thence
South 33° 05" West and parallel with the Southeasterly line of said 3.60 acre
tract 108.00 feet; thence South 56° 55’ East and parallel with the
Southwesterly line of Laguna Avenue 11.50 feet; thence North 33° 05’ East
and parallel with said Southeasterly line of the 3.60 acre tract 108.00 feet to
the POINT OF BEGINNING and being a portion of the Santa Rita Rancho.
Containing an area of 1,242 square feet (0.029 acres), more or less.
Abandonment parcel is shown on attached plat Exhibit B and made a part
hereof.
END OF DESCRIPTIQN
This description is based upon a field survey of Parcel Two, as described in
the Interspousal Transfer Deed from Charles Wong and Ohn Sire Kim,
husband and wife as joint tenants to Ohn Sire Kim and Charles Wong, wife
and husband as community property with right of survivorship, recorded on
October 18, 2004 as Document No. 18052705 of Official Records, Santa
Clara County records.
APN: 137-17-020
Kristina D. Comerer, PLS 6766
License expires: September 30, 2008
Date