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HomeMy WebLinkAbout _ 4.11(e)--Summary Vacation of Mistletoe Ln Cul-de-Sac & Public Service Easement � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: March 4,2025 FROM: Michael Webb, Public Works ITEIVI NO. 4.11(e) Director ***APPROVED BY*** �c a� � �bEi� 'c�r�Cs t7�reetcsr �f��12t}`?� te�r� , ;� � �:rr 2}`?�i.�?C}?� mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(e)--Summary Vacation the Mistletoe Lane Cul-de-Sac and Public Service Easement(A-2024-01530) Recommendation Authorize and approve the following actions relative to the Summary Vacatian of the Mistletoe Lane Cul-de-Sac and Public Service Easement (A-2024-01530): (1) Adopt Resolution suminarily vacating the Mistletoe Lane Cul-de-Sac and a Public Service Easement within the areas shown on Parcel Map No. LS 10-91 filed in Book 28 of Parcel Maps at Page 80, 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 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. Alte�native Action The City Council (Council) may choose not to adopt the resolution and the City will retain this portion of Mistletoe Lane. Background/Analysis The owner of Parcel2 of Parcel Map No. LS 10-91 (Parcel Map) has requested the vacation of a proposed cul-de-sac street dedication and 5-foot-wide Public Service Easement (PSE). This area lies east of Victor Avenue and was dedicated by the �ling of said Parcel Map and is described in the attached Exhibit A and depicted in Exhibit B. At the time of the filing of said Parcel Map in Report to Redding City Council February 26,2025 Re: 4.12(e)--Summary Vacation of Mistletoe Ln Cul-de-Sac&Public Service Easement Page 2 1991, Mistletoe Lane was conditioned to be abandoned when alternate street access was provided to Parcels dependent on Mistletoe Lane. However, subsequent development has necessitated the continuance of Mistletoe Lane and the cul-de-sac is no longer necessary. No street improvements have been constructed and no utilities have been installed within the area proposed to be vacated. The request was coordinated with various City departments and there is no foreseeable need for the roadway and utility easement. The cul-de-sac may be determined to be excess and eligible for summary vacation per Streets and Highways Code 8334. The PSE may be determined to be excess and eligible for summary vacation per Streets and Highways Code 8333. These summary vacations are consistent with the General Plan as they will reduce maintenance needs of public streets and facilities, not preclude uses consistent with current zoning, and encourage design consistent with the surroundings. The resolution has been approved as to form by the City Attorney. Envi�^onmental Review Staff has reviewed the action and determined that the activity is categorically exempt from environmental review under the California Environmen�al 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 P1an 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 P�^io�ity/City ManageN 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 ^Exhibit A ^Exhibit B ^Location Map ^Notice of Exemption 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 067-023-031 RESOLUTION NO.2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING SUMMARILY VACATING THE CITY'S INTEREST IN A STREET DEDICATION AND PUBLIC SERVICE EASEMENT WITHIN PARCEL 2 OF PARCEL MAP NO.LS 10-91 (ABANDONMENT APPLICATION A-2024-01530) WHEREAS: A. The Street Dedication and the Public Service Easement being considered for summary vacation were acquired by dedication by Parcel Map No. 10-91 filed in Book 28 of Parcel Maps at Page 80, Shasta County Records and is described in Exhibit "A" and shown on Exhibit "B" attached and made a part hereof by reference. The owner of the adjacent parcels has asked that the City vacate the Street Dedication and the Public Service Easement. B. The Street Dedication is no longer required 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 City Council determines Street Dedication 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 detennines the Public Service Easement to be excess. 4. The Ci1y Council approves the request to summarily vacate the Street Dedication and the Public Service Easement with Parcel 2 of Parcel Map N�o. 10-91 filed in Book 28 of Parce11V1aps at Page 80, Shasta County Records, as described in Exhibit"A"and shown on the attached Exhibit"B." 5. The vacation of the Street Easement 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 the Street Easement and the Public Service Easement qualifies as Categorically Exempt from environment review under the California Environmental Quality Act Guidelines Section ]5305 —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 resol�ution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of March, 2025,by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JACK MUNNS,Mayor ATTEST: APPROVED AS TO FORM: SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS,City Attorney EXHIBIT A The Street area and 5' wide Public Service Easement dedicated to the City within Parcel 2 of Parcel Map No. LS 10-91 filed on July 10, 1991 in Book 28 of Parcel Maps at Page 80, Shasta County Records. i EXH I B IT B i � , �� i �� i \`�� , i STqr ���. , � I y�G,y '�,\ � �qY �'� I �� � ' --------------------- S89°59'18"E--------- M I STLETO E LAN E 108.99'Ng9�59,1g��w � V„� ea��������r ( _ � / �85,38' L=131,7i''•�' , z , �� � 5' P,S,E, PER R'�>o,'o`. � W i ���-- ` � 28 PM 80 � '�.. z� I Q i L-11855 MISTLETOE LANE �6 0���� 3 3 .,� � o� P A R C E L 1 �:N AP N 067-020-031 , o'� PARCEL 2 '�W 0 �8 PM 80 �.� �,I1� I U �i�' PARCEL MAP NO. LS 10-91 �,,;� ' 28 PM 80 �Ilo � > `�z • , I ...�...�.. ..�..434 27 ...�...�...�...�...�...�..�.11 , S89°59'18"E I � I � I � I I � � � � LEGEND -N- I STREET TO BE VACATED 0 100 200 FEET P.S.E. PUBLIC SERVICE EASEMENT TO BE VACATED i I - WALMART i STq� z N��y�q y� � ——— — 0 � � 5 I -- � I - DUSTY LANE �__ WHALEY ROAD � _-- - - � 9s+q�L 9� ¢ yG`� SITE J - _ } 0 S�. 2 9�` -' � N � ti%y� q - — �- -- rx MISTLETOE �ANE � MISTLETOE LANE A w� � z Q SITE � o � � - U — W s I L NE r a � � o ASCA E N w � � J Q ""' _" '_'-._ __"-"_ __.' _ '-'_."-' _.._.._.._.._..-_-_-_.. CYPRESS AVENUE ( CYPRESS AVENUE __ _ -- - — I CITY OF REDDING LOCATION MAP ENGINEERING DIVISION 0 600 12�Feet S U M MARY VACATION NORTH 1855 MISTLETOE LANE DWG. N0: FEBRUARY 2025 REDDING, CA 96002 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 96001 � County Clerk County of Shasta P.O.Box 990880, 1643 Market Street Redding,CA 96099-0880 Project Title: Summary vacation of a cul-de-sac portion and Public Service Easement on Mistletoe Lane. Application Number: A-2024-01530 Project Location—Specific: 1855 Mistletoe Lane, Redding, CA 96002 Project Location—City: Redding Project Location—County: Shasta Description of Proj ect: The properry owner proposes the abandonment of the public service easement and cul-de-sac street dedication along property frontage on Mistletoe Lane. There are no signi�cant cumulative impacts. 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. Type and section number: § 15305,Minor Alteration in Land Use Limitation ❑ Statutory Exemptions. State code number: ❑ Common Sense Exemption: CEQA Guidelines [Section 15061(b)(3)] Reasons why project is exempt: The easement being abancloned is not required to provide utilities to the adjacent lot as it is currently configured. The property is not located in an area of statewide, regional, or local concern. There are no known sensitive resources such as wetlands, threatened or endangered species or their habitats,cultural resources, or sensitive vegetation communities that will be impacted. The project has no potential to have a significant effect on the environment. Lead Agency Contact Person: David Schle�el Telephone: (530)225-4036 If Filed by Applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ❑Yes ❑No Signature: Date: 02/18/2025 Title: Senior Planner � Signed by Lead Agency Date received for filing at OPR: ❑ Signed by Applicant