HomeMy WebLinkAboutStaff Report 14441
City of Palo Alto (ID # 14441)
City Council Staff Report
Meeting Date: 8/15/2022 Report Type:
City of Palo Alto Page 1
Title: Adopt a Resolution Approving a Summary Easement Vacation Adjacent
to 1499 Edgewood Drive
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Council adopt the attached resolution approving a
summary vacation of a portion of the Newell Road right-of-way located adjacent to the
single-family residence at 1499 Edgewood Drive, Palo Alto, CA, pending completion of
the Newell Road Bridge Replacement Project (PE-12011).
Discussion
Newell Road, as shown on Crescent Park, Map No. 2, was dedicated to the City and
accepted as a public street by the City Council at its January 14, 1929 meeting and by
Resolution No. 710. In May 1998, Public Works Engineering granted an encroachment
permit no E-2281 for a portion of the Newell Road right-of-way to a prior owner of the
single-family home at 1499 Edgewood Drive to replace an existing fence. The
encroachment area is adjacent to the eastern side of the 1499 Edgewood Drive
property and provides the owner with additional yard space. The current property
owner is seeking fee ownership of the encroachment area and has requested that the
City vacate that portion of the Newell Road right-of-way upon completion of the Newell
Road Bridge Replacement Project.
The approximate 2,609 square foot portion of the Newell Road right-of-way proposed to
be vacated is adjacent to the south of the San Francisquito Creek and Newell Road
Bridge. The latter is anticipated to be replaced by the City, in partnership with the City
of East Palo Alto, Valley Water, and the San Francisquito Creek Joint Powers Authority,
commencing Spring 2023.
As this portion of the Newell Road right-of-way has not been used as a street and there
is no plan or need to do so, the right-of-way constitutes excess right-of-way, which may
be summarily vacated in accordance with Section 8334 of the California Streets and
Highways Code. The City’s Utilities, Public Works, and Planning departments have been
notified of the proposal to vacate this portion of the Newell Road right-of-way, and all
City of Palo Alto Page 2
concur with the vacation. All affected departments reported there were no utilities
located within the easement. Accordingly, there is no need to reserve an easement for
public facilities.
Resource Impact
The easement vacation processing fee of $1,761 as set forth in the FY 2022 Municipal
Fee Schedule has been paid by the property owner.
Policy Implications
The recommendation does not represent any change to City policies.
Environmental Review
The proposed summary vacation of a portion of the Newell Road right-of-way is
categorically exempt from 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.
Attachments:
• Attachment A - Resolution Approving Summary Vacation of Right-of-Way Adjacent to
1499 Edgewood Drive
*NOT YET APPROVED*
255_20220726_ts24 1
Resolution No. ___
Resolution of the Council of the City of Palo Alto Approving a Summary Vacation
of a Portion of the Newell Road Right-Of-Way Adjacent to 1499 Edgewood Drive
Upon Completion of the Newell Road Bridge Replacement Project
R E C I T A L S
1. 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 service easements; and
2. The City Council of the City of Palo Alto at its January 14, 1929 meeting and by Resolution
No. 710 accepted the dedication of Newell Road as shown on Crescent Park, Map No. 2, as a
public street of the City of Palo Alto; and
3. Section 8335 of the Streets and Highways Code authorizes the City Council to vacate a
street, highway, or public service easement by adopting a resolution of vacation.
4. The City Council intends, through this Resolution, to summarily vacate the portion of
right-of-way received for street purposes as more particularly described as the “Vacation Area”
in the legal description attached as Exhibit “A” to this resolution and depicted on the plat map
attached as Exhibit “B” to this resolution. The area shall be vacated upon completion of the
Newell Road Bridge Replacement Project as evidenced by the City’s issuance of a notice of
completion.
5. The City Council finds that the proposed vacation meets the following findings in
compliance with Streets and Highways Code section 8330 et seq. for a summary vacation:
a. The Vacation Area described herein on Exhibit “A” and depicted on the plat map
attached as Exhibit “B” is excess right-of-way not required for street purposes as it
has not been improved and has never been used for street purposes since it was
acquired in 1929 and is not necessary now or in the future for the proper functioning
of Newell Road; and
b. No public facilities are located within the Vacation Area as shown on attached said
Exhibits “A” and “B” that would be affected by a summary vacation; and
c. The right-of-way, in the area to be vacated, is not needed for present or prospective
public facilities other than potentially temporarily the Newell Road Bridge
Replacement Project construction; and
*NOT YET APPROVED*
255_20220726_ts24 2
d. The public convenience and necessity do not require reservation of any portion of the
street right-of-way, in the area to be vacated; and
e. The street right-of-way to be vacated is not useful as a non-motorized transportation
facility; and
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals
as findings of the Council.
SECTION 2. Vacation Approved. As permitted by Streets and Highways Code section
8335, the City Council hereby vacates the right-of-way indicated as “Vacation Area” detailed in
Exhibits “A” and “B” to this resolution, effective upon the City’s issuance of a notice-of-
completion for the Newell Road Bridge Replacement Project. The City Clerk is directed to cause
a certified copy of this resolution to be recorded in compliance with Streets and Highways Code
8336 upon the City’s issuance of a notice of completion for the Newell Road Bridge Replacement
Project.
SECTION 3. Upon approval and recordation of the vacation, Encroachment Permit E-
2281 approved on March 30, 1998 shall be terminated.
//
//
//
//
//
//
//
//
//
//
//
*NOT YET APPROVED*
255_20220726_ts24 3
SECTION 4. The Council finds that this Resolution is categorically exempt under the
California Environmental Act pursuant to Title 14 California Code of Regulations section 15305 as
a minor alteration in land use limitations.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Administrative Services
_____________________________
Real Property Manager