STAFF REPORT TO THE CITY COUNCIL. Conduct Public Hearing to vacate certain public right of way adjacent to Sycamore Avenue and San Pablo Avenue

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2 STAFF REPORT TO THE CITY COUNCIL DATE: Adjourned Regular Meeting of December 16, 2014 TO: SUBMITTED BY: SUBJECT: Mayor and Members of the City Council Holly Smyth, Planning Director Conduct Public Hearing to vacate certain public right of way adjacent to Sycamore Avenue and San Pablo Avenue Applicant: Location: City of Hercules South side of Sycamore Avenue west of San Pablo Avenue, and north side of San Pablo Avenue between Sycamore Avenue and Tsushima Street RECOMMENDED ACTION: Conduct a Public Hearing to vacate 0.80 acres located along the north side of San Pablo Avenue, from Tsushima Street to Sycamore Avenue, and approximately 0.05 acres located along the south side of Sycamore Avenue, and continue to the January 13, 2015 City Council meeting. FISCAL IMPACT OF RECOMMENDATION: There are no fiscal impacts associated with this item. DISCUSSION: Background of Sycamore Crossing Project - The areas of excess right -of-way being considered for vacation are located adjacent to three parcels that comprise a portion of the proposed Sycamore Crossing shopping center project (Project). Two parcels were acquired prior to 2009 by the City s Redevelopment Agency and are currently owned by the City of Hercules, as Successor Agency and the other parcel is not shown separately as it is owned by City of Hercules, a Municipal Corporation of the State of California. The two parcels that comprise the Project are currently subject to a Purchase and Sale Agreement (PSA) between the City, as Successor Agency and Property Development Centers LLC (PDC), which has submitted an application for development of the property. The Project, as it is currently proposed, is based on the premise that the excess right -of - way along San Pablo Avenue and Sycamore Avenue be vacated and merged into the project site. December 16, 2014 & January 13, 2015 Page 1

3 Area to be Vacated A location map of the areas proposed to be vacated are attached in the two draft City Council Resolutions. As indicated on the exhibits, one area consisting of approximately 0.80 acres is located along the north side of San Pablo Avenue, from Tsushima Street to Sycamore Avenue. The other area consists of approximately 0.05 acres and is located along the south side of Sycamore Avenue (within the wetlands and landscape area), between Tsushima Street and San Pablo Avenue. More detailed legal descriptions and plats of these two areas are presented on Exhibits 1 and 2 attached to the resolutions. The street and utility improvements are substantially built-out along both San Pablo Avenue and Sycamore Avenue. The construction of the remaining improvements, including relocation of existing utilities that are required to complete the ultimate street and utility improvements in San Pablo Avenue and Sycamore Avenue, are contemplated to be completed as part of a future development. These ultimate improvements will be constructed in a portion of the existing right -of -way resulting in excess or unneeded right -of -way. The City may consider this resultant excess or unneeded right -of -way for vacation pursuant to California Streets and Highways Code Section 8300 et. seq. Street Vacation Process On November 25, 2014, the City Council adopted a resolution declaring a notice of intent to vacate certain public right -of -way and set a public hearing for December 16, This action is in accordance with the procedures and requirements set forth in Section 8300 et. seq. of the California Streets and Highways Code (S&H Code). The notice of intent was then published in a newspaper of general circulation on December 3 and 8, 2014 and posted every 300 on the premises of the areas proposed to be vacated. Furthermore, in accordance with S&H Code Section 8348, the City provided certified mail return receipt notice to the public utility entities commonly known to provide service in the City and its surrounding area of the proposed vacation of public right -of-way on November 13, The public utility entities have 30 days from receipt of such notice to retain public easement rights. This notice period ends as of December 15, The City received notice from the following public utility entities requesting excepting and reserving easement rights when this staff report was complete: AT&T letter dated November 19, 2014, and revised December 8, 2014 EBMUD letter dated December 4, 2014 Since part of this right-of-way along Sycamore was given as a dedication from the Bayside subdivision project across Sycamore Avenue, the Bayside Homeowners Association also was provided with a notice in order to address any title discrepancies. Depending upon necessary procedures, additional releases may need to be obtained to clarify the title on the property. Public Hearing At this public hearing, the City Council will consider written and spoken testimony and evidence from interested parties regarding the proposed vacation of the two public right-of-ways. Based on testimony and evidence received, the City Council may: 1) adopt the two resolutions vacating the public right-of-ways, 2) continue the public hearing to another date, or 3) discontinue vacation proceedings. December 16, 2014 & January 13, 2015 Page 2

4 Pursuant to Government Code Section 65402, the resolutions to vacate public right-of-ways being considered by the City Council require that the Planning Commission find that the vacation is in conformance with the General Plan. At its meeting of December 15, 2014, the Planning Commission was presented with a draft resolution recommending that the proposed vacations are in conformity with the General Plan. It is anticipated that as of the City Council hearing date, the Planning Commission will have adopted that resolution, which will be provided to City Council at the meeting. Originally, the Vacation was anticipated to be reviewed with the entire Project entitlements for the shopping center submitted by PDC s. Therefore, a CEQA analysis was conducted with the preparation of an Initial Study and technical studies. Staff prepared an Addendum for the overall project, which included the partial right-of-way Vacation, which should be considered by Planning Commission on December 15, 2014 and City Council on January 13, Because the December 16, 2014 meeting item was noticed as a public hearing, staff suggests that the Vacation item be heard, the public hearing be held and then continued open to the January 13, 2015 City Council meeting at 7:00 p.m. in the Council Chambers for consideration after the environmental has been approved. ATTACHMENTS: Attachment 1 Resolution vacating excess public right-of-way along San Pablo Avenue between Tsushima Street and Sycamore Avenue Attachment 2 Vacation Exhibit for San Pablo Avenue Vacation Attachment 3 Exhibits A & B: Legal Descriptions and Plats for San Pablo Avenue Vacation Attachment 4 Resolution vacating excess public right-of-way along Sycamore Avenue between Tsushima Street and San Pablo Avenue Attachment 5 Vacation Exhibit for Sycamore Avenue Vacation Attachment 6 Exhibits A & B: Legal Descriptions and Plats for Sycamore Avenue Vacation Attachment 7 Draft Planning Commission Resolution (unsigned) Attachment 8 Letters from Public Utility Entities December 16, 2014 & January 13, 2015 Page 3

5 Recording Requested by: City Clerk City of Hercules 111 Civic Drive Hercules, CA RESOLUTION NO. 14- APPROVING THE VACATION OF EXCESS PUBLIC RIGHT-OF-WAY ALONG SAN PABLO AVENUE, BETWEEN TSUSHIMA STREET AND SYCAMORE AVENUE WHEREAS, street and utility improvements are substantially built-out along San Pablo Avenue, from Tsushima Street and Sycamore Avenue; and WHEREAS, construction of certain remaining improvements and relocation of existing utilities that are required to complete the street and utility improvements along said portions of San Pablo Avenue are contemplated to be completed as part of a future development; and WHEREAS, these final improvements will be constructed in only a portion of the existing right of way, resulting in excess or unneeded public right -of-way; and WHEREAS, said excess public right -of -way is generally shown on the attached Vacation Exhibit, dated December 2014, and more specifically defined on the attached legal description and plats, designated as Exhibit A and Exhibit B (the San Pablo Avenue Vacation Area ); and WHEREAS, the City may consider this resultant excess or unneeded public right-of-way for vacation pursuant to the California Streets and Highways Code Section 8300 et. seq.; and WHEREAS, on November 25, 2014, the City Council adopted a resolution declaring a Notice of Intent to vacate excess or unnecessary public right-of-way along portions of San Pablo Avenue and Sycamore Avenue and set a Public Hearing for December 16, 2014 in accordance with said sections of the Streets and Highway ; and WHEREAS, notices of said proposed vacation were posted pursuant to statutory requirements and publication of the resolution of intent with the time and place of the public hearing set therein were published in the manner prescribed by law; and WHEREAS, on December 16, 2014, the City Council conducted a Public Hearing and considered written and spoken testimony and evidence from interested parties regarding the proposed vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows: December 16, 2014 and January 13, 2015

6 1. The foregoing facts and circumstances are true and correct and incorporated herein by reference; and 2. The San Pablo Avenue Vacation Area is unnecessary for present or prospective public use as a public street; and 3. The San Pablo Avenue Vacation Area is vacated, effective upon the occurrence of the following conditions: a) The City Planning Commission finds that the vacation of the San Pablo Avenue Vacation Area is in conformance with the General Plan. b) EBMUD and PG&E shall retain their current public utility rights including but not limited to their right to access and maintain their existing improvements until the relocation of their onsite utilities that are north of and generally parallel to San Pablo Avenue within the City s remaining right-of-way is completed and their existing respective remaining onsite easements are quit claimed to the property owner allowing for the construction of several Project buildings and the wetlands. 4. Upon the occurrence of the foregoing conditions, the City Clerk is directed to record a certified copy of this Resolution in the office of the County Recorder. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of January, 2015 by the following vote of the Council: AYES: NOES: ABSTAIN: ABSENT: ATTEST:, Mayor David Biggs City Manager/Deputy City Clerk December 16, 2014 and January 13, 2015

7 December 16, 2014 and January 13, 2015 Attachment A Vacation Exhibit

8 Attachment B Legal Descriptions and Plats, Exhibits A and Exhibits B December 16, 2014 and January 13, 2015

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13 Recording Requested by: City Clerk City of Hercules 111 Civic Drive Hercules, CA RESOLUTION NO. 14- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING THE VACATION OF EXCESS PUBLIC RIGHT-OF-WAY ALONG SYCAMORE AVENUE, BETWEEN TSUSHIMA STREET AND SAN PABLO AVENUE WHEREAS, street and utility improvements are substantially built-out along Sycamore Avenue from Tsushima Street to San Pablo Avenue; and WHEREAS, a remnant.05 acre portion of right-of-way remains landside of the aforementioned street and utility improvements; and WHEREAS, landscaping and the Ohlone Creek headwall are proposed to be constructed and maintained in the.05 acre of land to be vacated; and WHEREAS, said excess or unneeded public right-of-way is generally shown on the attached Vacation Exhibit, dated December 2014, and more specifically defined on the attached legal description and plats, designated as Exhibit A and Exhibit B (the Sycamore Avenue Vacation Area ); and WHEREAS, the City may consider this resultant excess or unneeded public right-of-way for vacation pursuant to the California Streets and Highways Code Section 8300 et. seq.; and WHEREAS, on November 25, 2014, the City Council adopted a resolution declaring a Notice of Intent to vacate excess or unnecessary public right-of-way along portions of San Pablo Avenue and Sycamore Avenue and set a Public Hearing for December 16, 2014 in accordance with said sections of the Streets and Highway ; and WHEREAS, notices of said proposed vacation were posted pursuant to statutory requirements and publication of the resolution of intent with the time and place of the public hearing set therein were published in the manner prescribed by law; and WHEREAS, on December 16, 2014, the City Council conducted a Public Hearing and considered written and spoken testimony and evidence from interested parties regarding the proposed vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows: December 16, 2014 and January 13, 2015

14 1. The foregoing facts and circumstances are true and correct and incorporated herein by reference; and 2. The Sycamore Avenue Vacation Area is unnecessary for present or prospective public use as a public street; and 3. The Sycamore Avenue Vacation Area is vacated, effective upon the occurrence of the following conditions: a) The City Planning Commission finds that the vacation of the Sycamore Avenue Vacation Area is in conformance with the General Plan. b) Execution and delivery of a quit claim deed by the Bayside Homeowners Association to address any title discrepancies related to the Sycamore Avenue Vacation Area, which generally contains the Ohlone Creek headwall. 4. Upon the occurrence of the foregoing conditions, the City Clerk is directed to record a certified copy of this Resolution in the office of the County Recorder. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the sixteenth day of December, 2014 by the following vote of the Council: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sherry McCoy, Mayor David Biggs, City Manager/Deputy City Clerk December 16, 2014 and January 13, 2015

15 December 16, 2014 and January 13, 2015 Attachment A Vacation Exhibit

16 Attachment B Legal Descriptions and Plats, Exhibits A and Exhibits B December 16, 2014 and January 13, 2015

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20 EXHIBIT C RESOLUTION NO CONFORMITY WITH THE GENERAL PLAN SYCAMORE CROSSING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERCULES FINDING THAT THE VACATION OF PORTIONS OF EXCESS RIGHT-OF-WAY ALONG SYCAMORE AVENUE AND SAN PABLO AVENUE IS IN CONFORMANCE WITH THE GENERAL PLAN WHEREAS, the Hercules General Plan was adopted on November 28, 1995; and WHEREAS, California Streets and Highways Code Sections 8300 et. seq. allow a City s legislative body to vacate all or part of a street, highway, or public service easement within the city; and WHEREAS, California Government Code Section requires that no street shall be vacated or abandoned until the location, purpose, and extent of such street vacation or abandonment have been submitted to and reported upon by the Planning Commission as to conformity with the City s adopted General Plan; and WHEREAS, based on the Sycamore Crossing project s proposed plans for improvements to the adjacent streets, certain sections of existing right-of-way are excess and unnecessary and are proposed to be vacated; and WHEREAS, the areas proposed to be vacated generally are described as: 1) approximately.05 acres along the south side of Sycamore Avenue, between Tsushima Street and San Pablo Avenue, and 2) approximately.80 acres along the northwest side of San Pablo Avenue, between Tsushima Street and Sycamore Avenue. WHEREAS, notice of public hearing was published in the Contra Costa Times on December 3 rd and 8th, 2014; and WHEREAS, the proposed right-of-way vacations have been reviewed by the City s Contract Engineer for the project and the Planning Director, who have determined the areas to be excess or unnecessary rights-of-way and recommend that the portions of rights-of-ways described and shown in the attached exhibits are no longer required for public street and highway purposes; and WHEREAS, the Planning Commission has reviewed the proposed vacation of portions of rights-of-way in conjunction with proposed Sycamore Crossing project. Planning Commission Resolution for Conformity with General Plan

21 NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the proposed vacation of excess rights-of-way is in conformance with General Plan of the City of Hercules because of the following: 1. Location The project site is within the boundaries of the Hercules General Plan and near the I-80 and SR-4 interchange. One of the four major concepts that guide the Land Use Element of the General Plan is the designation of land near that junction for commercial use. The proposed vacations are necessary for the proposed project, which will provide for a range of general commercial uses, consistent with the General Plan. 2. Purpose Among other relevant General Plan objectives, Object 2 calls for development of a community that balances housing, jobs, and commercial opportunities. And Policy 2B calls for the development of non-residential land use categories that reduce the need for residents to leave the community by providing a variety of shopping and service opportunities. Consistent with these provisions, the project proposes a local-serving shopping center that complements the commercial character of San Pablo Avenue and the mixed-use character of the New Town Center District with a wide range of commercial uses such as a supermarket, fitness center, and retail and restaurant uses. 3. Extent The project proposes the minimum amount of right-of-way vacation.85 acres to both accomplish the project objectives and satisfy competing General Plan policies regarding circulation improvements and conservation of environmental resources such as wetlands, providing for the linkage of public and private open spaces throughout the community on sidewalks and bikelanes, and maintaining adequacy of Level of Service E at buildout as further discussed in the staff report. PASSED AND ADOPTED by the Planning Commission the City of Hercules on this 15 th day of December 2014, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ken Morrison, Chairperson ATTEST: Holly Smyth, Planning Director & Secretary of the Planning Commission Planning Commission Resolution for Conformity with General Plan 2

22 Attachment A: Vacation Exhibit Planning Commission Resolution for Conformity with General Plan 3

23 2600 Camino Ramon 2E950L San Ramon, CA December 8, 2014 City of Hercules Planning Director 111 Civic Drive Hercules, CA Attn: Holly Smyth Re: Notice of Intent to Vacate Sycamore Crossing Dear Mrs. Smyth Reference is made to your letter dated November 13 th, 2014, regarding the proposed abandonment of Sycamore Crossing. We do not maintain facilities within the area proposed to be abandoned and have no future requirements for its use. We, therefore, have no objection to the proposed vacation. If you have a question regarding this letter, please contact me on (925) Sincerely, Gregory Greenwood Public Works Coordinator :mqt cc: **, Engineer File: STVACNDOC

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