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HomeMy WebLinkAbout _ 4.11(h)--Adopt Reso for Summary Vacation of a Portion of Old 44 Drive � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: Apri12,2024 FROM: Michael Webb, Public Works ITEIVI NO. 4.11(h) Director ***APPROVED BY*** � �c a� � �bEi� 'c�r�Cs I7�reetcsr 3f2Ii2t}`?� r5' �p�i��,C�i �r� �, �,f?7�'2{�? mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(h)--Summary Vacation of a Portion of Old 44 Drive (A-2023-01097) ad'acent to 3030 Crossroads Drive (APN 110-270-027) Recommendation Authorize and approve the following actions relative to the Summary Vacation of a portion af Old 44 Drive (A-2023-0109'7): (1) Adopt Resolution sum�marily vacating a portion of Old 44 Drive adjacent to Parcel 3 as shown on the Parcel Map No. LS-7-8� filed in Book 2� of Parcel Maps at page 28, Shasta County Records 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, pursuant to Section 15035 —Minor Alterations in Land Use Limitations. Fiscal Impact Adopting the Resolution wi11 have no fiscal impact to the City of Redding (City). All costs associated with the processing of this project are paid by the applicant. Alternative Action The City Council may choose not to adopt the Resolution and leave this portion of Old 44 Drive in place. Background/Analysis The portion of Old 44 Drive being cansidered for summary vacatian is approximately 12,626 sguare feet (0.29 acres) in area and lies northerly and adjacent to the parcel of land owned by the applicant. This area of Old 44 Drive was acquired by the State of California in 1963 for construction of Highway 44 and the Old Oregon Trail interchange. The State relinquished the land to Shasta County in 1965 and the area was subsequently annexed into the City in 1985. The applicant intends to develop this parcel of land and has requested the City to summarily vacate Report to Redding City Council March 27, ZOZ4 Re: 4.12(h)--Adopt Reso for Summary Vacation of a Portion of Old 44 Drive Page 2 the portion of Old 44 Drive as described in the attached E�ibit A and depicted in Exhibit B. This area has not been used for street purposes. The request was coordinated by various City departments and it was determined there is no foreseeable need for public purposes. Pacific Gas and Electric Company has requested that an easement be reserved for the operation of their facilities. A portion of the underlying fee title belongs to the City and is under consideration for disposal as exempt surplus property. This portion of 01d 44 Drive may be determined to be excess and eligible for summary vacation per Streets and Highways Code 8334. The summary vacation is consistent with the General Plan as it will reduce maintenance needs, not preclude uses consistent with current zoning, and will encourage design consistent with the surroundings. Environmental Review Staff has reviewed the activity and has determined that it is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15305 — Minor Alterations to 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 wi11 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 contain underlying values for wildlife habitat or other environmental resources. The action has no potential to have a significant impact on the environment. Council Priority/City ManageN Goals • This agenda item is a routine operational item. Attachments ^Resolution ^Location Map ^Exhibit A ^Exhibit B NOE Summary Vac &Exempt Surplus Property 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 A.P.N. 110-270-027 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING THE CITI"S INTEREST IN A PORTION OF OLD 44 DRIVE ADJACENT TO PARCEL 3 AS SHOWN ON PARCEL 1VIAP NO. LS-'7-87 FILED IN BOOK 27 OF PARCEL 1VIAPS AT PAGE 28, SHASTA COUNTY RECORDS (ABANDONMENT APPLICATION A- 2023-0109'7) WHEREAS: A. The portion of Old 44 Drive being considered for summary vacation is described in Exhibit "A" and depicted on Exhibit "B" attached and made a part hereof by reference. The owner of the adjacent parcel has asked that the City vacate this portion of Old 44 Drive. B. This portion of 01d 44 Drive has not been used for roadway purposes and is not required for street or highway purposes. NOW, THEREFORE, THE CITY COUNCIL DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: 1. The recitals set forth abave are true, correct and are hereby adapted as findings of fact, 2. Pursuant to Streets and Highways Code $334, the City Council determines this portion of Old Oregon Trail to be eXcess and is unnecessary for present or prospective public street use. 3. The City Council approves the request to summarily vacate this portion of Old Oregon Trail adjacent to Parcel3 as shown on the Parcel Map No. LS-7-87 as �led in Book 27 of Parcel Maps at Page 28, Shasta County Records as described in Exhibit "A" and shown on the attached Exhibit`B." 4. The City reserves and excepts from this vacation pursuant to the provisions of Section 8340 of the Streets and Highways Code for benefit of Pacific Gas and Electric Company, the permanent easement and right at any time and from time to time to construct, reconstruct, maintain, operate, replace, remove, repair, renew and enlarge lines of pipes, conduits, cables, wires, poles, electrical conductors, and other equipment, fixtures and appurtenance for the operation of electric, gas and communication facilities, including access and also the right to trim and cut down �rees and brush that may be a hazard to the facilities, keep the property free from inflammable material; and prevent any building or structure near said facilities. 5. The vacation of this portion of Old 44 Drive is consistent with the General Plan. This action will: reduce maintenance needs of public streets; will not preclude uses consistent with current zoning; and encourages design compatible with its surroundings. 6. The vacation of this portion of Old 44 Drive qualifies as Categorically Exempt from environment review under the California Environmental Quality Act Guidelines Section 15305 — Minor Alterations in Land Use Liinitations. 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 2"`� day of April, 2024, by the following vote: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: ABSTAIN: COUNCIL MEIVIBER: TENESSA AUDETTE, Mayor ATTEST: APPROVED AS TO FORM: SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney i 0 r � ---- - j � o - � 0 0� � � � z o � � o � � m D Q Q v> r o � z � w z � � - � � � - - --.......__ . J —....------ ------ OLD 44 DRIVE -- - ---- � OC� 44 �RIVE 9,p so — 2 PROJECT ��'�F � LOCATION ��o �z �� � �o r S�,q�� v�N �- - -_ � tii < cy�q y o�j�� RA � � �YNeRoo i LOpp J 0 � - ---- � __ o� i� - ---_ �� l� � - 0 �� m <� � � Z — - —- O �O � ( ,� � ` --- i � , i � i i I i CITY C�F REDDING LOCATION MAP ENGINEERING DIVISION NORTH o soo 1200 EET 3030 CRt�SSROADS DRIVE REDDING, CA 96003 DWG. N0: MARCH 18, 2024 ALL THAT PROPERTY BEING LOCA7ED OVER A PQRTIpN OF THE RIGHT OF" WAY AT THE II�ITERSECTION OF' OLD 44 DRIVE AND OLD OREGpN TRAiI., �ILEp IN THE OFFICE OF THE RECORDER QF THE COUNTY 0�" SHASTA IN BpOK 27 pF PARCEL MAPS AT PAGE 28 IN THE COUNTY QF SNASTA, STATE OF CALIFORNIA, AND BEING MQRE PARTICULA�2LY DESCRIBED AS FOLLOW5: BEGINNING AT THE POINT OF CQMMENCEMENT, BEING A FQUND WITNESS CORNER PER THE RECORD QF SURVEY RECORD�p IN BOOK 44 OF' LAND SURVEYS PAGE 145 AND pATED DECEMBER 1980, THENCE N 73`37'4p" E 34,97 �'�ET TO A POINT ON TNE SQUCH RIGNT OF WAY OF OLD 44 DRIVE BEING THE TRUE POIM' OF BEGINNING. TMENCE ALONG SAID 50UfH RIGHT OF WAY, N 89'45"Q3" W 240.60 �"EET, TNENCE THRU A CURVE TO THE I.�FT WI7N A DISTANGE OF 58.14 FEET, A F�ADIUS OF 5Q.00 FEE`f ANq A CEN`fRAL ANG�E QF 66`37'45" TO A POINT ON A PROLONGATION OF TH� EASTER�Y RIGHT OF WAY OF OLD pREGON TRIAL. THENCE ALQNG 5AID PROLONGATION S 23'37'12p W 69.24 FEET, TNENCE N 73'37'40" E 327.66 FE�I" THROUGM THE PQIM" QF COMMENCEMENT 1'0 THE TRUE POIM` OF BEGINNING. CONTAINS 0.29 ACRES MpRE OR LESS. P.G.&E. "RE5ERVING therefram pursuant #o the provisions of Section 8340 of the Streets and Highways Code fnr the benefit nf P�cific Gas ond Elec#ric Company, the permanent easement and the right ot any time and from time to time ta construct, recnnstruc#, maintain, operate, replace, remove, repair, renew and enlarge lines af pipes, conduits, cables, wires, poles, electricai conductors, �nd o#her equipment, fi�kures and appurtenances far the operation of elec#ric, gas, and communication facilities, including access, and olsa the rights to trim and cut down trees and brush that may be a hazard to the facili#ies, keep #he property free from inflammable materials; and prevent any buiiding or structure neor said facilities ." 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Project Location—Specific; Old 44 Drive and 3Q30 Crossroads Project Location—C�ty: Reddin�Pro,�ect Location—County� Sl�asta Description of Pro,�ect: The Citv af Reddin� will summariiy vacate a uQrt�on of aid 44 Drive adaacent to Parcel 3 as shown on the Parcel Map No. LS-7-87 filed in Book 26 c�f Parcel Maps at pa�e 27 Shasta Count�Records This ortion af C?1d 44 Drive is ap�r•oximatelv 12 626 square feet (4.29 acres4 in area and was acquired bv tlie State in 1963 for construction of Hi�hvvav 44 and tlie (�ld Ore�on Trait interclran�e The State relinquished the land to Shasta Coun and it was subsequentiv annexed into the City of Reddin�;in 1985 A porti�n of the underl 1`y�n fee title belon�s to the Citv the Reddin� at 3Q30 Crossroads and is under consideration for disposal as exempt surplus property The 3Q30 Crossraads propec-tv is located on tlre Southeast corner caf C?1d 44 Drive and C}ld Ore�an Trail and contains 11'302 square feet The property is incapable af independent development and the City would retain any easements necessarv to maintain access ta public works infrastructure. Name ofPublic Agency Approving Project:�itv of Reddin� Name of Persan ar Agency Carrying C}ut Project:Ken Iwamuta, City Surveyor Exempt Status; (check one) ❑ Ministerial [Section 21080(b){I); 15268] ❑ Declared Emergency [Section 2lOSQ(b)(3); 15269(a}] ❑ Emergency Project[Section 21Q80(b)(4); 15269(b}] ❑ Statutory Exempfions. State cade number: ❑ Comtnon Sense Exemption(This project does nat fail within an exempt class,but it can be seen with certainty that there is no possibility that the activity may laave a significant effect on ihe environment{14 CCR 15061[b][3]). � Categarical Exemptian: State type and section nuznber: Section 15305.Minor Alt�rations in Land Use Limitatic�ns and Section 15312.Surplus Government Property Sales. � No exceptions apply that wc�u[d bar the use ofa,categorical exemption(PRD 21084 and 14 CCR 15300.2). 12easans why praject is exempt: The ctass 5 exempticsn allows for minar alterations to land use timitations 1t�areas with an avera�e s1o�e af less than 20 percent which would ncst result in any changes in land use or density Glass 12 proaects consist csf the sate of surnlus prQperties except for tlie sale of land in areas af statewide re�ional or areawide concer�� These actions will not result in the creation af any new parcels nc�r w�ll it chan�e land use densrty The�rrope is not located in an area af concern and the avera e siape does nat exceed 20 bercent The summary vacation and declacing 3030 Crossroads exempt surptus propertv has no�otential ta hav�a si�nificant effect t�n the environment Lead Agency Contact Persan: Amber Kellev Tele�hc�ne.530.225.4d4& If Filed by Ap�licant. 1. Attach certified document of exemption�nd�ng. 2. Has a notice of exemptioil been filed by the public agencY approving tlie project? ❑ Yes o No . ' S�gnature: .-�° Date: r� � � Title. Environmental Com�liance Mana<e �Signed by Lead Agency Date received for filing at OPR: