TITLE
Recommendation to adopt Resolution of Intention to vacate the east half of the east-west alley, south of 7th Street and west of Quincy Avenue, and set a date for a public hearing on the vacation for Tuesday, September 18, 2012 at 5:00 p.m. (District 3)
DISCUSSION
In order to prevent nuisance activity and illegal dumping in this alley, the property owners at 669 Quincy Avenue and 4540 E. 7th Street request that the alley be vacated. The area to be vacated, reserving a ten-foot-wide utility easement for the northern portion, is shown on Exhibit A.
Proceedings for this vacation are being conducted in accordance with Chapter 3, General Vacation Procedure, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Findings must establish that the subject right-of-way is unnecessary for present or prospective public use (see attached Exhibit B for Findings).
The Department of Public Works supports this action based on the associated evidence, facts, conditions and findings, establishing that the dedicated right-of-way to be vacated is unnecessary for present or prospective public use. On December 1, 2011, the Planning Commission determined that the subject vacation action is consistent with the General Plan, as required in Section 8313 of the Public Streets, Highways and Service Easements Vacation Law. In conformance with the California Environmental Quality Act, Categorical Exemption CE-139-11 was issued for this vacation. The Planning Department staff report is attached as Exhibit C.
The interested City Departments, including Fire and Police, have reviewed the proposed right-of-way vacation and land development, and have no objections to this action. Conditions of approval, satisfying the concerns of the public utility companies, are shown on Exhibit D.
The public hearing on this matter, to be held on September 18, 2012 will allow all persons interested in, or objecting to, the proposed vacatio...
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