City of Lafayette Staff Report Planning Commission Meeting Date: August 21, 2017 Staff: Subject: Deadline: Julia Koppman Norton, Assistant Planner ROW01-16 Daniel Fahrner (Owner), R-20 Zoning: Request for a right-of-way abandonment for approximately 4,465 sq. ft. of unused public right-of-way along the northern property line of the property of 3560 Old Mountain View Drive (APN 241-230-001). September 12, 2017 (without PSA extension) Purpose To review a private property owner s request to abandon a 20 wide right-of-way located immediately to the north of the property at 3560 Old Mountain View Drive. Background Per the Public Streets, Highways, and Service Easements Vacation Law found in California Streets & Highways Code Section 8300 et seq., a street may be vacated by the initiation of the City Council or by privately initiated requests where interested persons petition or request that the City Council vacate a city street, highway, or public use easement. Prior to the City Council s approval on vacating a street, the Planning Commission must determine whether the street vacation would conform to the General Plan. The original right-of-way in question was split between the subject property and the property to the north at 3561 Old Mountain View Drive, created as part of the Acalanes Heights Subdivision (map filed in 1913). This right-of-way would have linked Old Mountain View Drive with Mountain View Drive to the west. This right-of-way was never improved and was not accepted by the County or the City. In 2000, the right-of-way on the property at 3561 Old Mountain View Drive (adjacent to the north) was abandoned and granted in favor of the property owners, per City Council Resolution No. 32-01. Agency Response This application was referred to the City Engineer, Central Sanitary District, Contra Costa County Fire Protection District, East Bay Municipal Utility District, AT&T, Comcast, and PG&E. At the time the staff report was written, comments from the City Engineer and Central Sanitary District had been received and are attached. The City Engineer indicated that the findings for the adjacent right-of-way abandonment in 2000 would apply for this application. The Central Sanitary District stated that the area proposed for abandonment does not contain any current or proposed future district facilities. Page 1 of 2
Planning Commission ROW01-16 Fahrner Staff Report August 21, 2017 Staff Analysis and Comments Given that this right-of-way has never been formally accepted or maintained by the City, it currently functions as additional rear yard space for the subject property, and no agencies or service providers have indicated their facilities exist in this area, staff finds there is no public interest in this piece of rightof-way. Neighborhood Impacts: There will be no neighborhood impacts given that the area is currently only used by the applicant, who is the property owner of the underlying real property. There will be no change in access as this right-ofway has never linked Old Mountain View Drive to Mountain View Drive as originally contemplated at the time the subdivision was formalized. Fiscal Impact: There will be no fiscal impact to the City as a result of this project. The maintenance and repair of the abandoned area would become the formal responsibility of the subject property owners. General Plan Conformance: Staff finds the project complies with the following goals of the General Plan: Goal C-3: Regard the quality of life in Lafayette and maintaining community identity as more important than accommodating through-traffic. Goal C-4: Coordinate land use and circulation planning. Staff Recommendation Staff recommends the Planning Commission forwards a recommendation of approval to the City Council for the abandonment of the right-of-way, finding the project in conformance with the General Plan. Attachments 1. Aerial Maps 2. Applicant Narrative, Petition, & Plans received June 19, 2017 3. City Council Resolution No. 32-01 4. Referral Comments Page 2 of 2
2/23/2016. 3560 Old Mountain View Drive APN 241 230 001 300 feet 2014 Digital Map Products. All rights reserved. http://maps.digitalmapcentral.com/production/dashboard/8/6/3/release//html/toolkit/commands/print/htmlprint/printpreview.html 1/1
2/23/2016. 3560 Old Mountain View Drive APN 241 230 001 40 feet 2014 Digital Map Products. All rights reserved. http://maps.digitalmapcentral.com/production/dashboard/8/6/3/release//html/toolkit/commands/print/htmlprint/printpreview.html 1/1
Koppman Norton, Julia From: Sent: To: Cc: Subject: Coe, Tony Tuesday, March 8, 2016 9:43 AM Koppman Norton, Julia Allen, Sarah RE: Right-of-Way Abandonment It appears so, and the findings for the previous AB should apply here. TC From: Koppman Norton, Julia Sent: Tuesday, March 8, 2016 9:24 AM To: Coe, Tony Cc: Allen, Sarah Subject: Right-of-Way Abandonment Hi Tony, I ve been assigned a right of way abandonment application for the property at 3560 Old Mountain View Drive. There was a previously approved right of way abandonment for the adjacent parcel at 3561 Old Mountain View Drive in 2000. I ve attached the plan showing the location of the proposed abandonment. From my understanding, it is currently a paper street, and given that there is no actual road there the property owners want use of the land. Please provide any feedback you may have regarding the location of this proposed right of way abandonment and if there are any issues you may have with it. Thanks in advance! Best, Julia Koppman Norton Planning Technician City of Lafayette Direct: (925) 299 3202 Main: (925) 284 1976 www.lovelafayette.org How are we doing? Please take a moment to fill out our customer satisfaction form here! 1
Koppman Norton, Julia From: Sent: To: Subject: Follow Up Flag: Flag Status: Russ Leavitt <RLeavitt@centralsan.org> Wednesday, August 9, 2017 11:17 AM Koppman Norton, Julia RE: ROW01-16 - Old Mountain View Rd - ROW Abandonment Follow up Flagged According to Central Contra Costa Sanitary District (Central San) records, the right-of way proposed for abandonment does not contain any Central San facilities, nor is it likely to in the future, based on current, surrounding property configurations. From: Koppman Norton, Julia [mailto:jnorton@ci.lafayette.ca.us] Sent: Wednesday, August 09, 2017 9:24 AM To: Koppman Norton, Julia <JNorton@ci.lafayette.ca.us> Subject: ROW01 16 Old Mountain View Rd ROW Abandonment Referral Agencies, Please review the attached referral regarding the abandonment of a portion of right of way along Old Mountain View Road in Lafayette. Please let me know at your earliest convenience if there are any concerns or objections to the City formally abandoning this portion of the right of way, no later than August 18, 2017. If you have questions or comments, please feel free to reach out to me and I d be happy to help. Thanks in advance! Best, Julia Koppman Norton Assistant Planner City of Lafayette Direct: (925) 299 3202 Main: (925) 284 1976 www.lovelafayette.org How are we doing? Please take a moment to fill out our customer satisfaction form here! 1