2011-086 - Vacate a Portion of Street Right-Of-Way Adjacent to 719. North Concord Street

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C. Habitat for Humanity is proposing to develop two single - family residences on two parcels. Each parcel will be combined with the adjacent area to be vacated, and will be reconfigured through a Lot Line Adjustment into two legal lots. D. The area of the proposed street vacation has a General Plan land use designation of Low Density Residential (LR) and a corresponding zoning designation of Single Family Residence (R1), which allows residential development. The proposed street abandonment, once merged with the adjacent lots, will benefit the project by eliminating the adjacent site's constraints, specifically by providing street frontage to the existing landlocked lots. Additionally, the abandonment will eliminate the city's liability over unimproved property. The public utilities, other government agencies, and City Departments have been advised of the street vacation. The city owns a sewer facility within the area that will be vacated and within a portion of the landlocked parcels. An easement to preserve the city's sewer facilities will be granted by a separate document and recorded. An easement for drainage purposes will be reserved in favor of the city through the resolution of vacation. E. The proposed street abandonment is consistent with the general plan. The proposal will provide and maintain a comprehensive circulation system that facilitates the efficient movement of people and goods through the City (Circulation Element Goal 1) and fully coordinates transportation and land use planning activities in the City (Circulation Element Goal 4), as the area to be vacated is excess land and no longer part of the street system. Further, the project is consistent with goals that preserve and improve the character and integrity of neighborhoods (Land Use Element Goal 3), and ensure that impacts of development are mitigated (Land Use Element Goal 5), by improving an area that otherwise would remain unimproved and create a blight condition for the neighborhood. Therefore, staff recommends that the Planning Commission recommends that the City Council approve Abandonment No. 201 0 -03. F. Pursuant to the provisions of section 892 of the Ca /ifornia Streets and Highway Code, the City Council does hereby find and determine that neither said portion of the street nor any part thereof is useful as non - motorized transportation facilities, as defined in section 887 of said Code. G. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15303, Class 3. The Class 3 exemption allows new construction of up to three single - family residences in urbanized areas. A Notice of Exemption for Environmental Review No. 2011 -140 will be filed for this project. Section 2. This Council does hereby order that the unimproved excess right -of- way on Concord Street, south of Fruit Street, adjacent to 719 North Concord Street, as Resolution No. 20'1'1 -086 Page 2 of 7