STAFF REPORT TO THE CITY COUNCIL

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2 STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of November 25, 2014 TO: SUBMITTED BY: The Mayor and Members of the City Council Holly Smyth, Planning Director and Jim Zumwalt, Acting City Engineer SUBJECT: Notice of Intent to Vacate public right-of-way adjacent to Sycamore Avenue and San Pablo Avenue. Government Code & CEQA 15312, (b)(3) Applicant: Location: City of Hercules South side of Sycamore Avenue west of San Pablo Avenue and northwest side of San Pablo Avenue RECOMMENDED ACTION: Adopt a Resolution of the City Council of the City of Hercules declaring a Notice of Intent to Vacate public right-of-way along San Pablo and Sycamore Avenues abutting the Sycamore Crossing Project site and setting a public hearing for December 16, FISCAL IMPACT OF RECOMMENDATION: There is no fiscal impact as this is part of the Safeway Project entitlements paid by deposit account and purchase and sales agreement. DISCUSSION: Background The area of right-of-way considered for vacation is located adjacent to the two parcels that comprise the Sycamore Crossing project site. The project site was acquired prior to 2009 by the City s Redevelopment Agency and currently is owned by the City of Hercules, as Successor Agency. The project site is subject to a Purchase and Sale Agreement between the City, as Successor Agency, and Property Development Centers LLC (PDC), which has submitted an Application for development of the property. The project incorporated the portions of rights-of-way within its November 25, 2014 Page 1

3 boundaries as well as in the purchase and sales agreement. The sale of the property is contingent upon receiving all the entitlements for the proposed plan. Description In its current state, the Sycamore Crossing project site is approximately acres generally divided as follows: a. Parcel C/Parcel 1 (formerly known as Penterra) APN , ac adjacent to Tsushima Street b. Parcel D/Parcel 2 (formerly known as Poe) APN , ac at the southwest corner of Sycamore Avenue and San Pablo Avenue. The two areas proposed to be vacated total approximately 0.85 acres divided as: 1) Approximately.05 acres along the south side of Sycamore Avenue west of San Pablo Avenue, and 2) Approximately.80 acres along the northwest side of San Pablo Avenue. The combination of future dedications and these vacations results in a project site of approximately acres. The proposed development generally is described as a neighborhood shopping center of approximately 136,250 square feet of General Commercial space in ten structures including a grocery supermarket, food establishments, fitness center, fuel center, and other retail space. The project site is divided by a natural drainage channel of approximately 1.37 acres. Based on the proposed plan and current plans for improvements to the adjacent streets, certain sections of existing right-of-way would not be needed. The proposed vacations would match street improvements and reconcile past recorded maps to fall within the constructed street improvements. Additionally, some existing utilities are located in portions of some of the rights-of-way on the project site, which are intended to be relocated into the City s new rights-of-way with the construction of the Sycamore Crossing retail shopping center. Therefore the proposed vacation would be conditioned to provide adequate assurance that the relocation of the utilities will occur. The procedure for vacating surplus right-of way is established in California Streets & Highways Code Section 8300 et. seq. It requires the City Council to set a public hearing approximately 15 days in advance, publish a Notice of Intent twice in a newspaper of general circulation, and post the area that is proposed to be vacated. A draft Resolution with a location map showing the areas proposed to be vacated is attached. The draft Resolution, if adopted, would set the public hearing for December 16, If on December 16, the Council finds from all evidence submitted that the rights-of-way described in the notice of hearing is unnecessary for present or prospective public use, the Council may take action to adopt a resolution vacating the right-of-way. Per Government Code Section 65402, prior to the public hearing by City Council, the Planning Commission must find that the proposed right-of-way vacation is in conformance with the General November 25, 2014 Page 2

4 Plan. It is anticipated that the Commission will consider a Resolution of conformity at its December 15, 2014 meeting, prior to City Council action on vacation of surplus right-of-way Typically, the vacated right-of-way would revert to the owner of the original property that was subject to the right-of-way dedication or acquisition. In the case of the right-of-way to be vacated along San Pablo Avenue, the owner is the City. In the case of the right-of-way to be vacated along Sycamore Avenue, it appears that the owner may be Bayside Home Owners Association (HOA) where the wetlands headwall is located. City Staff will work with the Bayside HOA to try to quitclaim the vacated parcel along Sycamore Avenue to the City. City staff would propose that a conditional abandonment be considered and recorded only if the quit claim is executed for the area along Sycamore. Once conditions of abandonments are met, it is anticipated that the City would convey both vacated parcels to ourselves to become part of the adjacent parcels. The ultimate property boundaries of the project site would be delineated and established by Sycamore Crossing Vesting Tentative Tract Map 9373 to be considered as part of the project entitlements which anticipates correcting all past map errors to match actual infrastructure. ATTACHMENTS: Attachment 1 Resolution with Exhibit November 25, 2014 Page 3

5 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES DECLARING A NOTICE OF INTENT TO VACATE PUBLIC RIGHT-OF-WAY ALONG SAN PABLO AND SYCAMORE AVENUES ABUTTING THE SYCAMORE CROSSING PROJECT SITE AND SETTING A PUBLIC HEARING FOR DECEMBER 16, 2014 WHEREAS, with the previous construction of Sycamore Avenue and the existing curb face of San Pablo Avenue, adjacent rights-of-way need to be adjusted to better match existing conditions; and WHEREAS, it is the intent to ultimately relocate existing utilities within the vacation areas into the City s new right-of-way areas when future development of the area occurs; and WHEREAS, the proposed areas to be vacated are shown on the Vacation Exhibit attached hereto and made a part hereof; and WHEREAS, on November 13, 2014, notices were sent via certified mail return receipt requested to the various utilities within the area as well as to Bayside Homeowners Association regarding the proposed Vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that it: 1. Declares its intent to Vacate public right-of-way shown on the attached Vacation Exhibit, generally described as follows: a. Approximately.05 acres along the south side of Sycamore Avenue west of San Pablo Avenue adjacent to Assessor Parcel No. (APN) b. Approximately.80 acres along the northwest side of San Pablo Avenue adjacent to Assessor Parcels Nos. (APN) and Directs the Planning Commission to determine if the Vacation is in conformity with the City s General Plan in accordance with the California Government Code Section 65402(a). 3. Sets Tuesday December 16, 2014 at 7:00 pm in the City Council Chambers located at 111 Civic Drive, Hercules as the time and place for hearing all persons interested in the proposed vacation. These proceedings shall be conducted pursuant to the provisions of Section 8300 et. seq. of the Streets and Highways Code of the State of California. 4. Directs the Planning Director to cause notices of the proposed vacations to be conspicuously posted along the perimeter of each area for at least two (2) weeks prior to the date of said hearing. Such notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted per area. Additionally, this Resolution shall be published for two (2) consecutive weeks prior to

6 the hearing in a newspaper of general circulation, printed and published in the City of Hercules, Contra Costa County, California. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-fifth day of November, 2014 by the following vote of the Council: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Myrna L. de Vera, Mayor David Biggs City Manager/Deputy City Clerk

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