TITLE
Recommendation to adopt resolution ordering the summary vacation of portions of Second Street and Naples Plaza adjacent to 5855 Naples Plaza. (District 3)
DISCUSSION
The owner of the commercial building known as the Naples Plaza Building requests the vacation of excess street right-of-way abutting the property as shown on the attached Exhibit A. The area proposed to be vacated includes the landscaped area between the building and the sidewalk. Once vacated, the property owner will be able to complete various improvements to this area in order to prevent storm water from entering the building.
Proceedings for this vacation are being conducted in accordance with Chapter 4, Summary Vacation, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Section 8334 of that Chapter states that the legislative body of a local agency may summarily vacate that portion of right-of-way which is excess right-of-way not required for street or highway purposes, and/or which portions lie within property under one ownership and do not continue through such ownership or end touching property of another. The Department of Public Works supports this action based on the following evidence, facts, and conditions, finding that the dedicated right(s)-of-way to be vacated are unnecessary for present or future public use.
On March 3, 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 Number CE 11-010 was issued for this project. The Development Services Department staff report is included as Exhibit B.
A utility easement will be reserved over the northerly three feet of this area, within the continuation of the 15-foot wide utility easement running east of the building, and the landsca...
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