DATE: December 1, 2015
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Title
Summary Vacation and Sale of a Portion of Portland Drive
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RECOMMENDATION
Recommendation
That Council adopts the attached resolution (Attachment I) for the Summary Vacation and Sale of a Portion of Portland Drive for $71,856.
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BACKGROUND
In 2001, the area bound by Industrial Boulevard, Hesperian Boulevard, and the Union Pacific Railroad was subdivided into eighteen parcels for multi-use. In 2006, a portion of the original eighteen parcel subdivision was re-subdivided by Tract Map 4789. A condition for the development of Tract Map 4789 was to dedicate a portion of the neighboring parcel for right-of-way, Portland Drive.
DISCUSSION
The adjacent property owner for the property along Marina Drive and Industrial Boulevard has submitted a development application for construction of a four lot commercial development as part of their application. The developers have requested to vacate a portion of Portland Drive so they can provide State-required bioretention ponds for their development. The area to be vacated only serves the parcels that would encompass the development. The City has determined that this portion of Portland Drive is no longer needed for public street purposes.
The proposed vacation conforms to the general guidelines of the General Plan, which calls for improving the local economy, increasing the tax base, and generating public revenue. The sale will return the unused right-of-way to the adjoining landowner for use in its planned development, eliminate the need for ongoing cleanup and maintenance by the City, and will return the area to the public tax roll.
Under California Environmental Quality Act Guidelines (CEQA), Section 15305, Class 5, Minor Alterations of Land Use Limitations and City Guidelines, the vacation of excess right-of-way is exempt from the application of CEQA.
Therefore, staff recommends that Council adopts the attached resolution (Attachment I) for the sale of a portion of Portland Drive.
FISCAL AND ECONOMIC IMPACT
Staff has negotiated a sales price in the amount of $6 per square foot from the adjoining property owner for the portion of right-of-way. The price per square foot is reasonable for properties in this area, since there is very limited, if any, development potential for the vacated right-of-way. The area to be sold is approximately 11,976 square feet, resulting in a sale price of $71,856. As with other sales of excess right-of-way, the proceeds will be deposited into the Streets System Improvement Fund for future roadway improvements. There will also be additional property tax revenue generated once the land reverts back to the adjoining property owner, and the area is developed.
PUBLIC CONTACT
This action qualifies as a summary vacation as defined under the California Streets and Highways Code Section 8334 (a). A summary vacation is appropriate, based on the fact that this portion of Portland Drive is not being utilized as intended. No public hearing is necessary since it is a summary vacation. However, the property development is undergoing the required approval process and customary public noticing.
NEXT STEPS
The effective date of the vacation will be when the resolution is recorded with the Alameda County Recorder.
Prepared by: Brian Spore, Surveyor
Staff contact
Recommended by: Morad Fakhrai, Director of Public Works
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Approved by:
Fran David, City Manager
Attachments:
Attachment I Resolution for Vacation
Attachment II Vacation Legal Description
Attachment III Vicinity Map