STAFF REPORT. TO: Planning Commission DATE: September 13, 2016

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1 STAFF REPORT TO: Planning Commission DATE: September 13, 2016 FROM: SUBJECT: Kari Svanstrom, Senior Planner Right-of-way Abandonment for 175 Bolsa. Richardson Architects, Applicant for San giacomo, Owner- APN # File No.PL SSUE: 2 The City has received a request to vacate a portion of the right-of-way at 175 Balsa A venue 3 (APN ). 4 5 RECOMMENDATON: 6 1. Hold a public Conduct a Public Hearing; Find that the project is categorically exempt under Section of the California 9 Environmental Quality Act (CEQA) in connection with the street vacation; and Adopt a Resolution 16-_ recommending the City Council approve the summary vacation 12 of a portion of the right-of-way at 175 Balsa Avenue, based on testimony and evidence in the 13 record and the findings in Exhibit A BACKGROUND: 16 The owners of 175 Balsa A venue submitted a preliminary application for planning approval for a 17 new residence at the subject address, which is currently a vacant lot after a house fire destroyed 18 the previous residence in During the course of review, the Applicant's and Commission's 19 desire to move the garage and residence closer to Balsa A venue, and resultant advantages to the 20 project became apparent, including reductions in site disturbance, bulk, and mass of the 21 structure. The applicant had preliminary discussions with the Department of Public Works to 22 discuss potential vacation of a portion of the right-of-way along Balsa Avenue which is currently 23 undeveloped. The applicant subsequently submitted an Application for Vacation to the City DSCUSSON: 26 The City's current Street Vacation policy allows for the abandonment of undeveloped portions of 27 the right-of-way if they are considered "excess" and meet several criteria, including the criteria 28 set forth by the State Street and Highway Code (see Attachment 3). These criteria include 29 whether or not it is in the City's best interest, including whether the area is needed for current or 30 future use for public purposes. These criteria are summarized below:

2 31 s the street, alley, or public-service easement needed for present or future public 32 pwposes? 33 Could the street or alley be used for a bicycle or pedestrian path? 34 Does the topography in the area render the construction or extension of a public 35 street or alley impractical? 36 s the street or alley included in the circulation plans of the City of Mill Valley 37 General Plan? 38 s the streel, alley, or public-service easemenl needed for utilities, either planned or 39 existing? 40 The Department of Public Works has reviewed the application, and found that the proposed 41 Street Vacation meets these criteria as the area in question has never been used as part of the 42 public right-of-way, and is a steep hillside area and retaining wall at the edge of pavement. The 43 Department of Public Works and City Manager's Department have reviewed the application and, 44 due the topography of the area proposed for abandonment, this area would not be needed for 45 future street purposes That the public interest will be served by this vacation, including being relieved by fulllre maintenance reponsibilities, and the avoidance of pol entia/ /iabilily expenses to!he Cily. 50 After the 2012 fire, the City constructed a retaining wall to stabilize the roadway at Balsa 51 A venue. This retaining wall is owned and maintained by the City. As part of the right-of-way 52 abandonment, the property line would be adjusted to transfer the retaining wall to the private 53 owner, along with any future maintenance and potential liability. The current exhibits are being 54 revised so that the entire retaining wall is transferred to the private owner The Street Vacation therefore meets all of the above criteria as the area being vacated is not, and 57 has not been passible for over five consecutive years; no public moneys have been expended on 58 maintenance of the vacated area; the area has not be used for public right-of-way purposes; and 59 the area is not required for street purposes GENERAL )LAN COMPLANCE: 62 The General Plan does not specifically address right-of-way vacations. However, the overall 63 policies of maintaining the cities infrastructure are encompassed in the above criteria. As noted, 64 Public Works staff has detennined that the vacation does not affect the overall operation of the 65 City's street network. The right-of-way to be vacated is not being used for transportation purposes 66 and is not expected to be required for future right-of-way development ENVRONMENTAL REVEW: 69 The summary vacation is considered a minor adjustment in a property lot line, and is exempt 70 from CEQA under Section of the California Environmental Quality Act (CEQA) 71 Guidelines, which exempts minor lot line adjustments that do not result in the creation of a new 72 parcel. 73 2

3 74 75 PUBLC COMMENT: 76 No public comments have been received at the time of this staff report RECOMMENDATON: 79 Staff recommends the Commission adopt the Resolution recommending approval of the 80 proposed Street Vacation and the recommended Findings for Approval, subject to the condition 81 that the alignment of the property line coincide with the retaining wall. This item will be 82 completed and reviewed by the City Engineer prior to City Council review EXHBTS: 85 EXHBT A: RECOMMENDED FNDNGS FOR APPROVAL ATTACHMENTS: 88 ATACHMENT 1: RESOLUTON PC 16- AND RECOMMENDED FNDNGS FOR 89 APPROVAL 90 ATTACHMENT 2: APPLCANT'S MATERALS (PLAT AND LEGAL DESCRPTON, 91 APPLCATON) 92 ATfACHMENT 3: CTY OF MLL VALLEY CURRENT SUMMARY VACATON 93 POLCY 94 3

4 RESOLUTON NO. PC16- A RESOLUTON OF THE CTY OF MLL VALLEY PLANNNG COMMSSON RECOMMENDNG THAT THE CTY COUNCL APPROVNG THE SUMMARY VACATON OF EXCESS RGHT-OF-WAY FRONTNG 175 BOLSA A VENUE (APN ) WHEREAS, John Everett Sangiacomo and Whitney Swindells Sangiacomo ("the applicant") wishes to summarily vacate approximately 335 square feet of excess right-of-way width fronting their property located at 175 Bolsa Avenue ("the vacated area"). WHEREAS, on September 13, 2016, the Planning Commission conducted a duly noticed public hearing to consider the proposed Street Vacation, and found the proposal to be consistent with the General Plan; policies of the Department of Public Works related to Street Vacation; and, the State Streets and Highways Code; and WHEREAS, there will be public benefits from the vacation at no cost to the City, and the public shall be relieved from future maintenance responsibility and associated liability for the vacated area, including, but not limited to, the existing retaining wall at the edge of pavement; and WHEREAS, the summary vacation is exempt from CEQA under Section of the California Environmental Quality Act (CEQA) Guidelines, which exempts minor lot line adjustments that do not result in the creation of a new parcel. WHEREAS, the summary vacation proceeding is and will be conducted pursuant to the requirements of Chapter 4 of Part 3 of Division 9, Sections 8331, 8333, and 8334, of the Streets and Highway Code of the State of California. NOW, THEREFORE, BE T RESOLVED THAT THE PLANNNG COMMSSON OF THE CTY OF MLL VALLEY, having considered all evidence in the public record, does hereby recommends the City Council vacate the excess right-of-way fronting 175 Bolsa Avenue. Motion by Commissioner: Second by Commissioner: PASS ED AND ADOPTED at a regular meeting of the Planning Commission of the City of Mill Valley on the _ day of by the following vote: AYES: NOES: ABSENT: 1 ATTACHMENT 1

5 Anne Bolen, Chair, City of Mill Valley Planning Commission ATEST: Yin Smith, Director of Planning & Building 2 ATTACHMENT 1

6 EXHBT A RECOMMENDED FNDNGS FOR AP)ROV AL RGHT-OF-WAY VACATON AT 175 BOLSA AVENUE (APN ) 1. The project is Categorically Exempt ji om the CEQA requirement for the preparation of environmental documenls under Section of the CEQA Guidelines. CEQA Guidelines Section exempts minor lot line adjustments that do not result in the creation of a new parcel. 2. The proposal is consistent with the Municipal Code. The City's Municipal Code (MVMC) Section addresses Vacation of Streets. These conditions have been met as the applicant is paying a11 costs associated with the proposed vacation. 3. The proposal is consistent wilh the Slate Street and Highway Code Section which the City has adopted as crileria.for vacation of a street, alley or easement: a. That the vctcated area has been impassible for at least jive consecutive years preceding this action. The area proposed for vacation is a retaining wall and an undeveloped hillside outside of the Balsa Avenue right-of-way. b. That no public money was expended for maintenance of the vacated area for at least jive consecutive years preceding this action. No City funds have been expended on maintenance of the area within the last five years. c. That the vacated area has not been used for public right-of-u 1 ay purposes for at least jive consecutive years preceding this action. The area is a hillside area and retaining wall and has not been used for public right-of-way purposes within the last five consecutive years. d. That the vacated area is not required for street purposes. The Department of Public Works and City Manager's Department have reviewed the application and, due the topography of the area proposed for abandonment, this area would not be used for future street purposes. e. Thai the public interest will be served by this vacation. including being relieved by fulltre mainlenance responsibilities. and the avoidance of potenlial liability expenses to the City. After the 2012 fire, the City constructed a retaining wall to stabilize the roadway at Bolsa Avenue. This retaining wall is owned and maintained by the City. As part of the right-of-way abandonment, the property line would be adjusted to transfer the retaining wall to the private owner, along with any future maintenance and potential liability. 3 ATACHMENT 1

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8 NEW RGHT OF WAY LOCATON (5 FROM EDGE OF PAVEMENT) ""- OlD RGHT OF WAY LOCATON o 11 1 <'.5...J!.?"c 1.] LANDS OF SANGACOMO DOC.# fl SOLSA VALLEY TRACT LOT61, 3 RM 51 APN: ' AREA OF BOl.SA STREETVACATON 33ft SQ. FT. Y N;> PONT OF BEGNNNG 0...,<'/ (MOST WESTERLY 1-.6;> CORNER} FOUND REBAR AND CAP LS8708 N?o PER CORNER RECORD PREPARED "-..<'0'.]/'"Jy BY AMERCAN l.and SURVEYNG, """' NC DATED NOVEMBER, 27, < THE BASS OF BEARNGS FOR THS DESCRPTON S SOUTH 06"28.52 WEST, FEET BETWEEN '-... FOUND NAL & TAG LS8708 AND FOUND REBAR AND CAP LS8708 AS SHOWN ON THAT CERTAN CORNER RECORD PREPARED BY AMERCAN LAND SURVEYNG, NC, DATED NOVEMBER 27, 2012, MARN COUNTY RECORDS Rev. X Date: 10/1/15 Q RELMNARD 1-Jo_b_N_o_. _s_1444_o_o.._s_ca_l_e:_1_m_=_1_o ----t CSW ST2 CW/t.ller ltrlllllllllttrlll &reap, lac. Clwll lnltllrat l mtrt a Ma.,tnt Emroatlllll 'P LD., C:Ot111Dtllft L..m Ccut ll: NovB1D. CA 84t48 fix: P:\05\ \QWG\Elchlblt\Bol she\ vacatlon\exh1bfr -8-STREET-VACATON.dwa 101' :48AM woell 1:1 EXHBT 'B' PLAT TO ACCOMPANY LEGAL DESCRPTON BOLSA AVE STREET VACATON MLL VALLEY MARN COUNTY CALFORNA

9 Date: 9/30/2015 File:S LEGAL DESCRPTON EXHBT'A' STREET VACATON OF BOLSA AVENUE All that certain real property situate in the State of California, County of Marin and City of Mill Valley, being a portion of Bolsa Avenue as shown on that certain map entitled "Map No. 1 Bolsa Valley Tract" recorded n Book 3 of Maps, Page 51 (3 M 51), Marin County records more particularly described as follows: Beginning at the most westerly corner of lot 61 and an angle point on the easterly right of way of Bolsa avenue as shown on said map (3 M 51}, said point marked with a rebar and cap marked LS8708 per Corner record by American Land Sutveying, nc. recorded on November 27, 2012, thence northwesterly along a prolongation of the southerly line of said lot 61, North 70.20'37" West, a distance of feet; thence parallel and distant 5.00 feet perpendicular from the edge of pavement of Bolsa Avenue the following courses and distances: North 29.32'19" East, a distance of feet; North 2r24'01" East, a distance of feet; North 07.10'39" East, a dista nee of 7.44 feet; thence southeasterly along a prolongation of the northerly line of lot 61 on said map (3 M 51), South 70.11'07" East, a distance of 1.93 feet to the most northerly point of said lot 61 said point marked with a nail and tag LS8708 per said corner record; thence southwesterly along the westerly line of said lot 61, South 06.28'52" West, a distance of feet to the Point of Beginning said vacation area containing 335 square feet more or less see Exhibit 'B' attached and made a part thereof The basis of bearings for this description is South 06.28'52" West, feet between found nail & tag LS8708 and found rebar and cap LS8708 as shown on that certain corner record prepared by American Land Sutveying, nc, dated November 27, 2012, Marin County Records Prepared by CSW/Stuber Stroeh Engineering Group, nc. Dennis D. Rinehart RCE 32110!iti!Of!V!!O Planning Department J:JL City of Mill Valley.

10 AT&T 23 Mark Drive San Rafael, CA RE: Summary Vacation of Right of Way, 175 Balsa Avenue, Mill Valley, CA (APN: ) To Whom t May Concern: My wife and are the owners of the vacant lot located at 175 Balsa Avenue in Mill Valley, CA. We are in the process of designing our new home to be constructed on the lot. At our Site Study Session hearing with the Mill Valley Planning Commission, Commissioner Ric Capretta suggested working with the City on vacating a portion of City land between our property and the paved roadway and incorporating it into our parcel. have since met with representatives of the Mill Valley Department of Public Works, and they are in support of vacating the land and deeding it to my wife and myself. The application submittal requirements include letters from local utilities stating: ( 1) the type and location of their respective utilities within the easement/right-of-way and if any easements need to be retained and (2) if there are any plans for future improvement within the easement/right-ofway. 've enclosed the survey of our lot and the right of way showing the area to be vacated and incorporated into our lot. As the survey shows, there are currently no utilities in the area to be vacated. sincerely appreciate your help and attention to this matter. Please feel free to contact me with any questions by phone at (415) , by at jesanqiacomo@gmail.com, or mail at 2840 Polk Street, San Francisco, CA Regards, John Sangiacomo

11 SUMMARY VACATON OF STREET, ALLEY OR EASEMENT Persons desiring the abandonment (vacation) of a street, alley, or public-service easement within the City must first apply for and receive approval of an Abandonment or Summary Vacation. The purpose of the application is to provide the City with the ability to consider the following: s the street, alley, or public-service easement needed for present or future public purposes? Could the street or alley be used for a bicycle or pedestrian path? Does the topography in the area render the construction or extension of a public street or alley impractical? s the street or alley included in the circulation plans of the City of Mill Valley General Plan? s the street, alley, or public-service easement needed for utilities, either planned or existing? t is important to note that the City will not abandon any street, alley, or easement unless it appears that it is not in the public interest to continue the establishment and maintenance of the street, alley, or public-service easement; and a street, alley, or public-service easement will not be summarily vacated if there are in-place public-utility facilities that are in use and would be affected by the vacation. Step 1 - Eligibility PROCESS To be eligible for the summary vacation process the following must be met: To summarily vacate a street or alley both of the following conditions must exist: 1. For a period of five consecutive years, the street or highway has been impassable for vehicular travel. 2. No public money was expended for maintenance on the street or highway during such period. To summarily vacate a public-service easement one of the following conditions must exist: 1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 2. The date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation, and the easement was not used continuously since that date. 3. The easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement. Step 2- Pre-application Discussion with Staff t is recommended that the applicant review the proposal with Planning and Engineering staff prior to the submission of the formal application. This will allow an opportunity to discuss the feasibility of the request. n addition, staff and the applicant can review the required data and procedures to be followed through the process. Usually, this first step is the most important step and helps a project move faster through the process. 1 PLANNNG COMMSSON MEETNG DATE: 4 ' \ l ATTACHMENT 3

12 Step 3- Filing of Application The applicant should submit a completed application, a map depicting the area requested to be abandoned, a preliminary title report describing the properly that includes the street, alley, or public-service easement requested to be abandoned; a statement of the reasons for the abandonment request; letters from the appropriate utility companies; and a f11ing fee to the City of Mill Valley, 26 Corte Madera Avenue, Mill Valley, CA 94941, (415) A staff engineer will review the material to make sure all the required information is provided. The applicant will be notified within 30 days after filing as to whether the application is complete or what additional information is required. The application must be signed by the property owner to whom the land will revert. The underlying fee title is shown by the title report, and only that portion shown by the title report would revert to the adjoining owner. f the right-of-way is owned in fee by the City, then it must be declared surplus. f declared surplus, then it may be sold or traded. Step 4- Environmental Review n most cases, an environmental review will not be required. f one is necessary, a staff planner will review the steps with you. Step 5- Planning Commission & City Council Actions& Public Hearing 1. Staff will submit a request for street vacation to the Planning Commission for a review as to the consistency with the City's General Plan. The Planning Commission must issue its decision to the City Council within forty (40) days. (Streets & Hwys. Code, 8313; Gov. Code, ) 2. The City Council must adopt a Resolution of ntention to vacate the street in question. Among other matters, the Resolution of ntention must schedule a dale for a public hearing on the proposed vacation. The public hearing must take place at least fifteen (15) days after adoption of the Resolution of ntention. (Streets & Hwys. Code ) 3. Notices of the public hearing on the proposed vacation must be (a) published for at least two successive weeks in the newspaper, and (b) posted in at least three locations not more than three hundred (300) feet apart along the street proposed to be vacated. (Streets & Hwys. Code & 8323.) 4. Following the public hearing, the City Council may adopt a Resolution of Vacation if it determines that the street in question is unnecessary for present or prospective public use. The City Council may provide that vacation will occur only after specified conditions are met. (Streets & Hwys. Code ) f necessary, the City Council may reserve easements for construction, operation and maintenance of public utilities such as sewers, storm drains, electrical facilities and telephone lines. (Streets & Hwys. Code and 8341.) Step 6 - Conditions of Approval f the requested abandonment qualifies for summary vacation and there are no objections from affected agencies or utility companies, the Resolution of Summary Vacation is placed on the consent calendar of the City Council. As a condition of approval, the City can retain utility easements within the public right-of-way. The City can also require street improvements within the right-of-way, including, but not limited to, vertical curb, gutter, and sidewalk with tree wells and tree-well covers in the sidewalks; aggregate base and asphalt concrete surfacing between the gutter and the existing street pavement; streetlighl(s); fire hydrant(s); driveway modifications; and waiver of access rights. Before the Resolution of Summary Vacation can be recorded, all required conditions to the vacation, if any, must be met. The Resolution of Summary Vacation is recorded in the County Recorder's Office, and the area vacated is then merged with the adjoining parcel(s) to which it would revert. The vacation is complete upon the recordation of a cerhhed copy of the Resoluhon of Vacahon w1th the County Recorder. (Streets & Hwys. Code ) ESTMATED TME REQUREMENTS The actual time for the processing of a Summary Vacation application will vary depending on the complexity and magnitude of the request, but generally the period from time of acceptance of a complete application to recording of the resolution for Summary Vacation is approximately 12 to 16 weeks under normal circumstances. 2