HomeMy WebLinkAbout6.2 Vacate Eastern Scarlett CtG~~~ OF DU~~~
19' ~~ ,82
~~~~~~/
C''IGlFpR~~
STAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^®^2 d^-~Q
DATE: November 17, 2009
TO: Honorable Mayor and City Councilmembers
FROM: ~ Joni Pattillo, City Manager
SUBJECT: PUBLIC HEARING -Vacation of the Easternmost Portion of Scarlett Court
Prepared By: Melissa Morton, Public Works Director
EXECUTIVE SUMMARY:
The City Council is being asked to consider adopting a Resolution vacating the easternmost
portion of Scarlett Court.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing;
3) Receive public testimony; 4) Close public hearing and deliberate; and 5) ADOPT the
Resolution Vacating the Easternmost Portion of Scarlett Court.
f, _.._
~~
Submitted By Revie y
Public Works Director Assistant City Manager
Page 1 of 3 ITEM NO. ~O • ~-
nl
DESCRIPTION:
Background
The City acquired fee title to Scarlett Court from the County of Alameda as a result of the City's
incorporation in 1982. Since 1982, the City of Dublin has used the land located immediately to
the east of the cul-de-sac at the easternmost end of Scarlett Court as a corporation yard, for the
storage and maintenance of vehicles and other equipment. In 2008, the City purchased the
parcel containing the former 84 Lumber at 5777 Scarlett Court, located immediately north of the
same cul-de-sac and adjacent to the existing corporation yard, with the intent to use that land
as part of the corporation yard. The I-580 freeway is located immediately to the south of this
portion of Scarlett Court.
City Staff has concluded that the use of the 84 Lumber site and the current corporation yard
could be maximized if the easternmost portion of Scarlett Court were vacated (or abandoned) in
order to create a larger parcel for use as a corporation yard (Attachment 1). Because the
location is a cul-de-sac, and because the City owns the only property adjacent to the right-of
way, an abandonment of the right-of-way would not have a negative impact on access to any
other parcels in the area, or on vehicular traffic.
The process for vacating public rights-of-way is set forth in Streets and Highways Code sections
8310 et seq. Those statutes provide that the City Council must initiate vacation proceedings.
Then notice of a public hearing on the matter must be posted along the portion of the street to
be vacated and published for two weeks in a newspaper of general circulation. Before the
public hearing, the Planning Commission must approve a report to the City Council indicating
whether it believes that the vacation is consistent with the City of Dublin General Plan. Finally,
the City Council must conduct a public hearing, hear evidence regarding the proposal, and then
adopt a resolution of vacation. In conjunction with that resolution, the Streets and Highways
Code also requires that the City Council find that the proposed portion of right-of-way to be
vacated is unnecessary for present or prospective public use and is not useful as a non-
motorized transportation facility.
At its October 6, 2009 meeting, the City Council adopted a Resolution initiating the vacation
process by declaring its intent to vacate the easternmost portion of Scarlett Court and directing
the Dublin Planning Commission to determine whether the vacation is consistent with the
City of Dublin General Plan (Attachment 2). At its October 13, 2009, meeting, the Planning
Commission adopted Planning Commission Resolution 09-36, which declared that the
proposed vacation is consistent with the General Plan (Attachment 3).
Staff has prepared a draft Resolution (Attachment 4) for the City Council's consideration which
would declare that the easternmost portion of Scarlett Court is unnecessary for present or
prospective use, that it is not useful as anon-motorized transportation facility, and vacates that
portion of Scarlett Court. If the City Council adopts the Resolution, the vacation will become
effective when the resolution is recorded with the Alameda County Recorder's OfFce. The City
Manager will, in consultation with the City Attorney, determine the appropriate timing of the
recordation.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In compliance with state law, a notice of this hearing was published in the newspaper and was
posted in three public places and in the area proposed to be vacated.
Page 2 of 3
ATTACHMENTS: 1. Map of Location to Be Vacated
2. City Council Resolution No. 143-09
3. Planning Commission Resolution No. 09-36
4. Resolution Vacating Easternmost Portion of Scarlett Court,
together with Exhibit "A," Legal Description of Area to Be
Vacated.
G:\DEVELOPMENT, PRIVATE\Corporation Yard- Scarlett Court Abandonment\PH Stff Rpt-Vacation of Eastern Portion 110709.DOC
Page 3 of 3
~~-~
N 21'20'55"W (R)
O
N
W
F-
Q
N
W
Z
S 0°42'45"W (R)
//
P.o.e.
N CC°47'38"E (R
~ ~ N 89°14'44"E 1:
~ ~ ~
V ~ C'~ FUTURE
RIGHT-OF-
DEDICATIO~
J ~
N
o~
~n °
~~
M ~ u
~a ~
~ ~
N
W
'"' ~
~ W ~
J ~
a- ~
V ~
N z
PARCEL "A"
PM 1177
ti
u`~~
os
PARCEL "B"
~ PM 1177
/
C~ /
,~
/ ,`00
i~ Q~ / , /
~~°o QP~ /
N ~ • O!t`
~G
o ~~ ~`O /
~~~ Q'~P /
Q ~~~' yQO *PORTION OF PARCEL 4 OF
moo, Q~ RELINQUISHMENT OF R/W DEED
~~o ~Q' (REEL 2893 AT IMAGE 614)
~ G~`G / LEGEND:
~QQ' Q * AREA TO BE VACATED
~~~Q- / (1.12 ACRES)
OJ / P.O.C. POINT OF COMMENCEMENT
5 /
P.O.B. POINT OF BEGINNING
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR
VACATION OF STREET RIGHT-OF-WAY
CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORNIA
~Z~
ZUMWALT ENGINEERING GROUP
Civil Engineering/Project Management
DANVILLE, CAL' ITC ~~ 1~ 1 I I ~ 1 I
MW HN 0~~ ATTACHMENT ~.
a~~
RESOLUTION NO. 143- 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
RESOLUTION OF INTENT TO VACATE THE EASTERNMOST PORTION OF
SCARLETT COURT AND DIRECTING THE CITY OF DUBLIN PLANNING COMMISSION TO
CONSIDER WHETHER SUCH VACATION IS CONSISTENT WITH THE
CITY OF DUBLIN GENERAL PLAN
WHEREAS, the City of Dublin does own two separate parcels of properly located immediately
to the northwest and east of the cul-de-sac located at the eastern end of Scarlett Court; and
WHEREAS, the City of Dublin desires to utilize these parcels as a location for the storage and
maintenance of City vehicles and other equipment; and
WHEREAS, said use of these parcels would be furthered by the vacation of a portion of the
easternmost portion of Scarlett Court, such that the two parcels could be combined to form a larger
contiguous parcel.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts this Resolution under the
provisions of Streets and Highways Code §§ 8310 et. seq. and § 8320 in particular, and that it is the
intention of the City Council to vacate the eastemmost portion of Scarlett Court. That portion of said
street so proposed to be vacated is located in the City of Dublin, County of Alameda, State of
California, and is further described as follows:
The property is described as the easternmost 270 feet of Scarlett Court and the
triangular shaped right of way at the end, which includes the bulb of the cul-de-sac.
BE IT FURTHER RESOLVED that notice, in accordance with Streets and Highways Code §
8322, shall be published for at least two successive weeks in a newspaper published in Alameda
County.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin is hereby
directed to report to the City Council its determination of whether such vacation would be consistent
with the City of Dublin General Plan.
PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~, ~ P~~
City Clerk
Reso No. 143-09. Adopted 10-6-09, Item 4.10 Page 1 of 1
V
Mayor
ATTACHMENT
3 ~- l
RESOLUTION NO. 09-36
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RESOLUTION FINDING THAT THE VACATION OF THE EASTERNMOST AND
WESTERNMOST PORTIONS OF SCARLETT COURT, THE POSSIBLE SALE OF THE
WESTERNMOST PORTION OF SCARLETT COURT AND ANY LAND TRANSFERS THAT
MAY BE NECESSARY TO REALIZE THE PROPOSED RECONFIGURATION OF SCARLETT
COURT ARE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN.
WHEREAS, the City of Dublin is considering whether to vacate the easternmost and westernmost
portions of Scarlett Court, which street is located within the City; and
WHEREAS, should the westernmost portion of Scarlett Court be so abandoned, the City of
Dublin is also considering the possible sale or other disposal of the easternmost portion of Scarlett Court;
and
WHEREAS, should the easternmost and westernmost portions of Scarlett Court be so abandoned,
the City is considering whether to reconfigure Scarlett Court, and the implementation of the proposed
reconfiguration would require the City to acquire portions of adjoining properties; and
WHEREAS, Section 65402 of the Government Code requires that the Planning Commission
report to the City Council as to whether proposed street vacations, proposed dispositions of property and
proposed acquisitions of property conform with the City of Dublin General Plan; and
WHEREAS, the Planning Commission did receive information regarding the location, purpose
and extent of the proposed vacations, disposition and acquisitions at a public meeting on October 13,
2009 and heard recommendations regarding these proposed actions; and
WHEREAS, the Planning Commission has considered the relevant portions of the City of Dublin
General Plan with regards to the proposed vacations, disposition and acquisitions.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that the proposed abandonment of the eastern portion of Scarlett Court conforms with the City
of Dublin General Plan.
BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby
find that the proposed abandonment of the western portion of Scarlett Court conforms with the City of
Dublin General Plan.
BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby
find that the proposed disposition of the western portion of Scarlett Court conforms with the City of
Dublin General Plan.
BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby
find that the acquisition of property that would be required in order to realize the proposed reconfiguration
of Scarlett Court conforms with the City of Dublin General Plan.
ATTACHMENT 3.
~ °f ~
PASSED, APPROVED AND ADOPTED this 13th day of October 2009 by the following vote:
AYES: Wehrenberg, Brown, Schaub and Swalwell
NOES:
ABSENT: King
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G: IAgendas120091GP Conformance 10.13.091PC RESO Scarlet GP Conjorm.DOC
2
5 ~- ~
RESOLUTION NO. - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
VACATING THE EASTERNMOST PORTION
OF SCARLETT COURT
WHEREAS, the City Council of the City of Dublin, on October 6, 2009, adopted
Resolution 143-09 declaring its intent to vacate the easternmost portion of Scarlett Court, a
public street in the City of Dublin, as described in the attached Exhibit "A"; and
WHEREAS, the Planning Commission of the City of Dublin, on October 13, 2009,
adopted Planning Commission Resolution 09-36 declaring that the proposed vacation is
consistent with the City of Dublin General Plan; and
WHEREAS, a public hearing was set for November 17, 2009, at which time any person
objecting to such vacation was given the opportunity to appear and show cause why such
vacation should not be ordered, and notice of such meeting was duly published and posted;
and
WHEREAS, such hearing was held by the City Council on November 17, 2009, and the
City Council at the time of said hearing determined that said easternmost portion of Scarlett
Court was unnecessary for present or prospective public use and was not useful as a non-
motorized transportation facility;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
resolve as follows:
Section 1. That the easternmost portion of Scarlett Court, located within the City of
Dublin, Alameda County, California, is unnecessary for present or prospective public use and
is not useful as anon-motorized transportation facility because this portion of the roadway
terminates in a cul-de-sac, and is surrounded by property owned by the City of Dublin.
Section 2. The easternmost portion of Scarlett Court is hereby vacated and
abandoned, reserving and excepting therefrom easements and rights-of-way for emergency
vehicle access and to construct, maintain, operate, replace, remove, renew and enlarge sanitary
sewers, storm drains and public utility services now existing in said area, including all necessary
and convenient appurtenant structures and incidental purposes thereto, including access; said
easternmost portion of Scarlett Court is more particularly described in the attached Exhibit "A."
Section 2. This Resolution shall be recorded with the Alameda County Recorder,
pursuant to Streets and Highways Code § 8325, and the vacation shall be complete upon such
recordation.
ATTACHMENT
~ °f' ~
PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOPMENT, PRIVATE\Corporation Yard- Scarlett Court Abandonment\PH Reso Vacation-Eastern Portion 110709.DOC
2
_~ ~ ~
EXHIBIT "A"
VACATION OF STREET RIGHT OF WAY
PORTION OF SCARLETT COURT
ALL THAT CERTAIN PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4 AS DESCRIBED IN THE
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY DEED, RECORDED ON JULY 7,
1971 IN REEL 2893 AT IMAGE 614, OFFICIAL RECORDS OF THE COUNTY OF
ALAMEDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL "A" AS SHOWN ON
THE MAP ENTITLED PARCEL MAP 1177 FILED IN BOOK 87 OF PARCEL MAPS AT
PAGE 69, ALAMEDA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE
OF SAID PARCEL "A", NORTH 89° 14'44"EAST, 97.53 FEET TO THE POINT OF
BEGINNING; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°14'44'EAST, 284.41
FEET; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "A"
N43°30'S4"EAST, 170 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4;
THENCE S46°29' 14"EAST, 265.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID
PARCEL 4; THENCE LEAVING THE SAID SOUTHEASTERLY CORNER ALONG THE
SOUTHERLY LINE OF SAID PARCEL 4, SAID LINE BEING ANON-TANGENT CURVE
TO THE LEFT HAVING A RADIAL WHICH BEARS SO°42'45"W, A RADIUS OF 9982.00
FEET, AND A DELTA OF 1°28'01", AND A LENGTH OF 2SS.S7'; THENCE
CONTINUING ALONG SAID SOUTHERLY LINE S89°14'44"WEST, 363.35 FEET TO A
POINT ON ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH
BEARS N21°20'SS"WEST, A RADIUS OF 4S.S0 FEET, A DELTA OF 91°S1'27"; THENCE
ALONG SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY AN
ARC LENGTH OF 72.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.12 ACRES (48,759 SQUARE FEET) MORE OR LESS.
END OF DESCRIPTION
PREPARED BY:
1c..
ES W. Z ALT
REGISTERED CIVIL ENGINEER N0.32371
(EXP.12/31/10)
STATE OF CALIFORNIA
DATE
1 OF 2
e~°~~'~
No. 32371 ~~
i
~ Exp. ~~ ~
`P,q~~ CIV11- 0~~-~Q
0~ CA~~F
EXHIBIT ~•
To the Resolution