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Home My WebLink About_4.11(d)--Summary Vacation of Chevy Court (A-2022-02128) GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: April 4, 2023 FROM: Chuck Aukland, Public ITEM NO. 4.11(d} Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 3/?2/2423 ry ip}�in,�C"i ana � 3/2�/2423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(d)--Summary Vacation of Chevy Court(A-2022-02128) Recommendation Authorize and approve the following actions relative to the Summary Vacation of Chevy Court (A-2022-02128): (1) Adopt Resolution summarily vacating Chevy Court and a Public Service Easement within the areas shown on Parcel Map No. 15-07 Phase 3A filed in Book 38 of Parcel Maps at Page 40, Shasta County Records (A-2022-02128) described in Exhibit A and depicted in Exhibit B; (2) Find the action consistent with the General Plan; and (3) Find the action categorically exempt from environmental review under the California Environmental Quality Act Guidelines, per Section 15035 - Minor Alterations in Land Use Limitations. Fiscal Impact Adopting the resolution will have no fiscal impact to the City of Redding (City). All costs associated with the processing of this project are paid by the applicant. The portions of the vacated right-of-way will revert to the abutting parcels as fee owners. Alterna�ive Action The City Council (Council) may choose not to adopt the resolution and leave Chevy Court and the Public Service Easement in place. Background/Analysis The owner of the parcels adjacent to Chevy Court has requested the vacation of Chevy Court and the adjacent 5-foot-wide Public Service Easement (PSE). Chevy Court and the PSE were dedicated to the City by the recordation and filing of Parcel Map No. 15-07 Phase 3A (Parcel Map) on November 18, 2009, in Book 38 of Parcel Maps at Page 40, Shasta County Records. No Report to Redding City Council March 26,2023 Re: 4.11(d)--Summary Vacation of Chevy Court and Public Service Easement Page 2 development has occurred nor any street improvements constructed on these parcels. Chevy Court and the PSE, as described in the attached Exhibit A and depicted in E�ibit B, have not been used by the public and contain no public facilities. The request was coordinated with various City departments and there is no foreseeable need for the roadway and utility easement. Chevy Court may be determined to be excess and eligible for summary vacation per Streets and Highways Code $334. The PSE may be determined to be excess and eligible for summary vacation per Streets and Highways Code 8333. These surmnary vacations are consistent with the General Plan as they wi11: reduce maintenance needs of public streets and facilities, not preclude uses consistent with current zoning, and encourage design consistent with the surroundings. The owner of the adjacent parcels will be required to record a covenant stating he wi11 grant proper access prior to the conveyance of any parcels and prior to the recordation of the vacation resolution. The resolution has been approved as to form by the City Attorney. EnviNonmental Review Staff has reviewed the action and determined that the activity is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, per Section 15305 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows for minor alterations to land use limitations, as long as the average slope on site is less than 20 percent and would not result in any changes in land use or density. This action will not result in the creation of any new parcels, nor will it change land use density. The existing General Plan and Zoning land use designations would remain as they currently exist and the average slope does not exceed 20 percent. In addition, the project area does not have significant values for wildlife habitat or other environmental resources. The action has no potential to have a significant impact on the environment. Council Pr�iority/City Manager Goals • This agenda item is a routine operational item. c: Pacific Gas and Electric Company, Land Rights Services AT&T California Charter Communications Attachments ^Resolution ^Vicinity Map ^Exhibit A ^Exhibit B ^Notice of Exemption (unfiled) Recording Requested by City of Redding Please Return to City Clerk P.O.Box 496701 Redding,CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax C.A. §11922 NO FEE-CITY BUSINESS Gov. Code §6103 APN 077-220-017,077-220-018, 077-220-019,077-220-020,077-220-021, 077-220-022, 077-220-023,077-220-024,077-220-025 RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING THE CITY'S INTEREST IN CHEVY COURT AND PUBLIC SERVICE EASEMENT AS SHOWN ON PARCEL MAP NO. 15-07, PHASE 3A(ABANDONMENT APPLICATION A-2022-02128) WHEREAS: A. Chevy Court and the Public Service Easement being considered for suminary vacation were acquired by dedication by Parcel 1VIap No. 15-07, Phase 3A filed in Book 38 of Parcel Maps at Page 40,Shasta County Records and is described in Exhibit"A"and shown on E�ibit`B"attached and made a part hereof by reference. The owner of the adjacent parcels has asked that the City vacate Chevy Court and the Public Service Easement. B. The parcels created by Parcel Map No. 15-07,Phase 13A have not been developed and the physical street improvements within Chevy Court have not been constructed. Chevy Court is not reguired for street or highway purposes. The Public Service Easement has not been used for the purpose for which it was dedicated and there are no public facilities located within the Easement. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: 1. The recitals set forth above are true, correct and are hereby adopted as findings of fact. 2. Pursuant to Streets and Highways Code 8334(a), the Ci1y Council determines Chevy Court to be excess and is unnecessary for present or prospective public street use. 3. Pursuant to Streets and Highways Code 8333(c), the City Council determines the Public Service Easement to be excess. 4. The City Council approves the request to sulmnarily vacate Chevy Court and the Public Service Easement as shown on Parcel Map No. 15-07, Phase 3A filed in Book 38 of Parcel Maps at Page 40, Shasta County Records, as described in E�iibit"A" and shown on the attached E�iibit`B." 5. The vacation of Chevy Court and the Public Service Easement is consistent with the General Plan. This action will: reduce maintenance needs of public streets and facilities; will not preclude uses consistent with current zoning; and encourages design compatible with its surroundings. 6. The vacation of Chevy Court and the Public Service Easement qualifies as Categorically Exempt from environment review under the California Environmental Quality Act Guidelines Section 15305—Minor Alterations in Land Use Limitations. No changes in land use or density will occur and areas affected contain an average slope of less than 20%. There is no possibility that this action will have a significant impact on the environment. 7. The City Clerk is directed to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal,to be recorded in the Office of the Shasta County Assessor/Recorder. I HEREBY CERTIFY, that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of April, 2023,by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MICHAEL DACQUISTO,Mayor ATTEST: APPROVED AS TO FORM: PAMELA MIZE,City Clerk BARRY E.DeWALT,City Attorney -- -- -- _ , i i I � � , ' i I ' � - _ , � � CO�UMBIA ' ,, _ ; _ � , ELEM ETARY � _ r �- ; , i i SCH00� � , � � , _ . ; ; i _ ; _ _ � � � 1........._ ......._ . I . ....... .� ...... 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As shown on that map recorded in Book 38 of Parcel Maps, at Page 40,Shasta County Records and the 5' Public Service Easement adjacent to Chevy Ct. as shown on said map, �...�:--_..._ /,,prE.`,�?C�:�`' .`:�� ';,..._.._ ,,,�,t;n;; Ct•``'�C`:F��`�; (.��'t;.�'�f', ,t��'�� r:��: ��,,, � u� ��i i`^''� m'a �� ,� � �.�..,�1 � ��L�F,� r�� , �e �, !r `i, ,�iS+,� l,��ti�°'n�� ' '�,',`� '�"UF Ch�.',F ti ��f� S89°22'18"E 509.20` 247.10' 262.1 Q' —�--y—yq -R I I �EASEMENT�PER � I 1441 OR 476 ��'�ii..,.�i��.i...��..r � ��'��jW,•.�.. ' i....• ...��.. � ..• � 4:.. ... • ..... .r v:I� ` I �:ji.. .��.♦ r ... I �� . �. ' �� ` � � �. �� ` � � I .=.�;.. _.. .. ,� ,J .=.��... .. .. ..0 , ,. ,., ..- - ..� . .. ... .�;:.. ._..-..... :3=: - :::.. ... ._..... ..,� � ....... ...,.�f'. .:1 ....._. ..�.... . ..� N N � - - - - - - - - - - - - - - - - - - - > M M W � M l() p .,�•'�. .. � .5'r...�,....-.....t.,., Z � �..,�'F,'.....!.3'",. .... ..... ....... . ... � " ' - - - - - - - - - - - - -- - - - - - � N �:' � •4� ��.�i i..•:�t. . ..,. . .. .., 64'STREET RIGHT OF WAY .K;'rti ... . .... ...... PER 38 PM 40 f%%.., .,..,_%i „, TO BE VACATED - - - - - - - - - - . .:.4:.. .... �''.v�.. ... a" ..., . ., :.'i. ..w . ,. .. '"'5'PSE{E}PER .ti r,. ....-...... ...... ,H:.. ... , .....-,... 38 PM 40 TO .... . ....... . ... �:r;?:_ ,...`.. .,. BE VACATED 15'SEWER ESMT(E) � PER� 2022•0007290 'PSE{EfPER--- I a- 2 IPER H{E) 1~'-` --� _ S89°10'44"E=5d9.26' — VIKING WAY �33'RIGHT OF WAY(E) • -- '� PER 38 PM 2D � �� . t eRpfESSlO �.,�� 0 W. byy�'�t� � � EXP. �� 2 � �pQ 2 1-20 & Z � ' t� Z � G24121 '� � c��. ��' SUMMARY VACATION- 2b72- p21Q$ ��o�cAL�F°� tiii FOR �,�,�' TATOM 2001 TRUST POB 652 THIS MAP DOES NOT REPRESENTA PALO CEDRO, CA 96073 SURVEY,IT IS TO BE USED AS A SUMMAY VACATIQN EXHIBIT ON�Y. SCALE: ')"='I OO' DATE: 9-26-2022 NOTICE OF EXEMPTION APPENDIX I TO: ❑ Office of Planning and Research FROM: City of Redding P.O.Box 3044, 1400 Tenth Street,Room 121 Development Services Department Sacramento,CA 95814 777 Cypress Avenue Redding,CA 96041 ❑ County Clerk County of Shasta P.O. Box 990880, 1643 Market Street Redding,CA 96099-0880 Project Title: Summary Vacation of Chevy Court Application Number: A-2022-02128 Project Location—Specific: 1904 Chevy Court(APN#077-220-020) 1926 Chevy Court(APN#077-220-021), 1929 Chevy Court(APN#077-220-018), 1947 Chevy Court(APN#077-220-017), 1948 Chevy Court(APN#077-220-d22), 1970 Chevy Court(APN#077-22Q-023), 1977 Chevy Court(APN#077-220-025), 1992 Chevy Court(APN#077-220-024) Project Location—City: Redding Project Location—County: Shasta Description of Project: The City of Redding proposes to vacate the existing Chevy Court and adjacent 5- foot-wide Public Service Easement. Name of Public Agency Approving Project: City of Redding Name of Person or Agency Carrying Out Project: City of Redding Exempt Status: (check one) ❑ Ministerial [Section 21080(b)(1); 15268] ❑ Declared Emergency [Section 21080(b)(3); 15269(a)] ❑ Emergency Project[Section 21080(b)(4); 15269(b)(c)] � Categorical Exemption. State type and section number: Sea 15305,Minor Alteration in Land Use Lirnitations ❑ Statutory Exemptions. State code number: ❑ Common Sense Exemption: CEQA Guidelines [Section 15061(b)(3)] Reasons why project is exempt: It can be seen with certainty that there is no possibility that the summary vacation of the subject area of right-of-way will have any effect on the environment. This project will not result in the creation of any new parcels nor has any of the parcels been involved in a division of a larger parcel within the past two years, is consistent with the existing General Plan and Zoning land use designations, and the average slope does not exceed 20 percent. Lead Agency ContactPersan: Tiffanv Li�htle Telephone: (530)245-7112 If FfIed by Applicant; 1. Attacli certif`ied document of exemption finding; 2. Has a notice Qf e ption ee �e, by the public agency approving the project? ❑Yes ❑No _�;;, Signature: � � � ' � Date:Januarv 3,2023 Title: Associate F�anner ° ❑ Signed by Lead Agency Date rcceived for filing at(7PR; ❑ Signed by A.ppllcant