CITY OF LAKEPORT COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

ITEM: DATE: FILE NO: APPLICANT:

VI. A. November 13, 2013 OA 13-04 Gary & Jane Leonard 5200 Burke Hill Dr. Ukiah, CA 95482 Ron W. Franz Franz Engineering 2335 Appolinaris Dr. Ukiah, CA 95482 Andrew Britton / Scott Harter

AGENT/ENGINEER:

STAFF CONTACTS:

PROPOSED ACTION AND LOCATION: An application for abandonment of a portion of the unimproved Ninth Street public right-of-way west of Pool Street. In addition to the applicants request, the City of Lakeport is proposing the abandonment of an additional portion of the unimproved Ninth Street right-ofway as well as the entire portion of the unimproved Harlie Street right-of-way, which is a short extension south of Ninth Street. The proposed right-of-way abandonment areas (applicants and Citys) are illustrated on the attached map (Attachment 1). Attachment 2 shows the applicants request with greater detail. Section 65402 a. of the California Government Code indicates (in part) that if a City has an adopted General Plan, no street shall be vacated or abandoned if the adopted General Plan or part thereof applies thereto, until the proposed street abandonment has been submitted to and reported upon by the planning agency as to conformity with said adopted General Plan or part thereof. GENERAL PLAN DESIGNATION, ZONING DISTRICT AND APPLICATION INFORMATION: The applicants own the property located at 879 Pool Street (APN 025-051-05) which is currently unimproved. The parcel is in the R-1 Low Density Residential zoning district and its General Plan designation is Residential.

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November 13, 2013

Although the parcel has a Pool Street address, it does not have frontage on Pool Street. The Assessors Parcel Map indicates the parcel has 75 feet of width (frontage) along a portion of the unimproved Ninth Street right-of-way that lies to the west of Pool Street. The parcel has 105 feet of depth. The northeast property corner is 75 feet west of the corner of Ninth (unimproved) and Pool Streets. Please refer to Attachment 2 which identifies the applicants parcel as well as the right-of-way abandonment area requested by the applicants. As shown on Attachments 1 and 2, the applicants have a 12 feet wide access easement that extends across the south side of the adjoining parcel located at 875 Pool Street (APN 025-051-06). A copy of the Grant Deed describing the non-exclusive easement for roadway and public utilities has been submitted and is included with the application materials. The applicants provided a supplemental letter which is also included with the application materials and sets forth the reasons for the abandonment request: 1. The Ninth Street right-of-way that lies north of our property is already essentially abandoned. There are no existing improvements in that rightof-way and constructing a new road in that area would be nearly impossible. Refer to the attached photos. 2. Our property has a nice, flat, easily accessible 12 foot wide easement along the south edge of our neighbor that leads to Pool Street. This will provide a nice and safe access to a public road. It should be noted that at the Citys direction, the applicant modified their abandonment request to include the portion of the unimproved Ninth Street right-of-way that lies between their parcel and Pool Street. This portion of rightof-way extends across the north side of 875 Pool Street which is developed with a single family dwelling. The unimproved Ninth Street right-of-way between Pool Street and Spurr Street (unimproved) is only 25 feet wide according to City records. The area of the Citys proposed Ninth Street and Harlie Street right-of-way abandonment lies to the west of the applicants request. Please refer to Attachment 1 which identifies both areas proposed to be abandoned. The City of Lakeport believes the additional Ninth Street abandonment area makes practical sense at this time due to the narrow (25 feet) right-of-way width and the areas steep topography. Harlie Street is an unimproved 50 feet wide by 140 feet long right-of-way that extends south from a portion of Ninth Street proposed to be abandoned. GENERAL PLAN CONFORMITY ANALYSIS: The portion of Ninth Street between Pool and Spurr Streets as well as Harlie Street were dedicated to the public for road right-of-way on the Central Park Addition town map (1 T/M 26) which was recorded in April 1876. The town map identifies a 25 feet wide right-of-way on Ninth Street. A 1976 survey of the adjoining parcel (subsequently developed as the Willow Tree Plaza shopping center) also identifies a 25 feet wide right-of-way on Ninth Street between Pool and Spurr Streets. As previously indicated there

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are no improvements in this section of Ninth Street. The Harlie Street right-of-way is 50 feet wide and 140 feet long according to City records. The requests to abandon Ninth Street between Pool and Spurr Streets and Harlie Street must be analyzed as to their conformity with the Lakeport General Plan. Staff has reviewed the Transportation Element of Lakeport General Plan and found that neither Ninth nor Harlie Streets are identified on the Roadway Classification table (Table 9, Pg. IV-3). They are therefore designated as local streets which are intended to provide direct access to residential, commercial, industrial, or other abutting land. Local streets are designed to serve local traffic movements and are not intended to handle through traffic according to the Transportation Element. No improvements to Ninth or Harlie Streets are identified on the Recommended Roadway Improvements map (Figure 6, Transportation Element). The Transportation Element (Pg. IV-10) notes that the Citys local street system is incomplete and has many discontinuous, narrow and unimproved streets. Hilly topography has prevented the completion of many streets, including the portion of Ninth Street between Pool and Spurr Streets. Improvements to Harlie Street appear to be dependent on the improvement of nearby Ninth Street. Staff believes it is appropriate to segregate the applicants request and the Citys request when analyzing their conformance with the Citys General Plan. Applicants Request: There are three existing lots that have frontage along the portion of the unimproved Ninth Street right-of-way proposed to be abandoned by the applicants. Two lots (APNs 025-051-05 and -06) have frontage on the south side of Ninth Street and one lot (APN 026-301-09) fronts on the north side. Two of the parcels (025-051-06 and 026-301-09) are developed with residential uses and have additional street frontage on Pool Street and are therefore not dependent on Ninth Street for access. The third parcel is owned by the applicants. As previously noted, this parcel is unimproved and has a 12 feet wide access easement that extends through APN 025-051-06. Staff has reviewed the Citys GIS utility records and no utilities are shown within this portion of the Ninth Street right-of-way. The proposed abandonment was referred to other City departments for their review and comments. The City Engineer submitted the following comments regarding the applicants request: The lot in question has legal frontage on a twenty five feet wide Right of Way (ROW) which is identified as Ninth Street west of Pool Street. Our current ordinance would require the installation of ROW improvements upon development exceeding roughly $52,000 on the property. It is unlikely that ROW improvements could ever be practically installed in a 25 feet wide right of way given the topography of the location; however, the current ordinance does not allow for that requirement to be waived, only deferred.

The City Engineers response also indicates that the abandonment of this portion of the Ninth Street right-of-way will not impact current or future traffic

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November 13, 2013

circulation patterns and will not have a negative effect on route connectivity. The City Engineer supports this abandonment request and indicates the currently unused right-of-way may serve a potentially higher and better use. The Lakeport Fire Protection District, Lakeport Police Department and the Citys Public Works Director also reviewed the abandonment proposal and offered no comments or objections. There is no indication that the applicants requested abandonment of the portion of Ninth Street shown on Attachment 2 will conflict with any applicable policies or programs set forth in the Lakeport General Plan. City of Lakeports Request: Please refer to Attachment 1 which identifies the areas of Ninth Street and Harlie Street proposed to be abandoned or vacated by the City of Lakeport. There are seven existing lots that have frontage along the portion of the unimproved Ninth Street right-of-way proposed to be abandoned by the City. Two of the parcels also have frontage on Harlie Street as shown on Attachment 1. All seven of these parcels also have frontage along Central Park Avenue; therefore, none are dependent on Ninth Street for access. Six of the seven parcels are developed with residential uses. Several of these parcels are flag lots with narrow frontage al ong Central Park Avenue. These parcels were configured in a manner that allows access via Central Park Avenue rather than Ninth Street. It is assumed that the practical difficulties associated with developing the Ninth Street right-of-way resulted in the creation of these flag lots. Staff has reviewed the Citys GIS utility records and no utilities are shown within this portion of the Ninth Street right-of-way or within the Harlie Street right-of-way. The City Engineer submitted the following comments regarding the Citys abandonment request: In addition to the applicants request the City would like to pursue the abandonment of right-of-way (ROW) extending to the west. This ROW consists of a portion of Ninth Street as well as what is identified on Page 050 of Book 25 of Assessors Parcel Maps as Harlie Street. This additional abandonment requested by the City of Lakeport will not create any land locked parcels either as all adjoining lots have legal frontage on Central Park Ave.

The City Engineers response also indicates that the abandonment of this portion of the Ninth Street right-of-way and the entire Harlie Street right-of-way will not impact current or future traffic circulation patterns and will not have a negative effect on route connectivity. The City Engineer verbally indicated that the portion of the Ninth Street right-ofway that lies to the west of the Citys proposed abandonment must remain in place as there are parcels that would be land-locked (no legal street frontage) if additional portions of Ninth Street were abandoned.

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November 13, 2013

The Lakeport Fire Protection District, Lakeport Police Department and the Citys Public Works Director also reviewed the abandonment proposal and offered no comments or objections specific to the Citys request. Notice of the proposed abandonments was sent to all properties that may be affected and, as of this writing, no objections or other comments have been received. There is no indication that the Citys requested abandonment of the portion of Ninth Street and Harlie Street shown on Attachment 1 will conflict with any applicable policies or programs set forth in the Lakeport General Plan. CONCLUSION AND RECOMMENDATION: The proposal to abandon a portion of Ninth Street as well as Harlie Street, as described herein, does not conflict with any applicable policies or programs set forth in the Lakeport General Plan. Staff recommends that the Planning Commission report to the City Council that the proposed abandonment of a portion of unimproved Ninth Street right-ofway between Pool and Spurr Streets and the abandonment of the entire unimproved Harlie Street right-of-way do not conflict with the Lakeport General Plan.

SAMPLE MOTION:

I move that the Planning Commission find, based on the facts contained within the City staff report dated November 13, 2013, that the proposed abandonment of a portion of Ninth Street right-of-way between Pool and Spurr Streets and the abandonment of the entire Harlie Street right-of-way does not conflict with the provisions of the Lakeport General Plan.

Legend
Lakeport Parcels 2012

026-131 -06 Buildings 1161 EL EVENTH ST Road Footprint

026-301-26 1071 ELEVENTH ST

955 POOL ST

NINTH ST

NINTH ST. UNIMPROVED NEEDED FOR FUTURE ACCESS

025-041-30 1050 CENTRAL PARK AVE

NINTH ST

HARLIE ST.

025-051-05 879 POOL ST

025-051-06 875 POOL ST

SPURR ST. UNIMPROVED

025-051-09 900 CENTRAL PARK AVE

025-035-03 1220 CENTRAL PARK AVE

025-041-23 1060 CENTRAL PARK AVE

025-041-02 1110 CENTRAL PARK AVE

025-041-26 1130 NINTH ST

025-041-29 930 CENTRAL PARK AVE

025-041-28 920 CENTRAL PARK AVE

025-051-0 7 916 CEN TR AL PA RK AVE

025-051-08 910 CENTRAL PARK AVE

025-041-09 960 CENTRAL PARK AVE 025-041-24 1020 CENTRAL PARK AVE

025-041-25 1020 CENTRAL PARK AVE

025-041-10 990 CENTRAL PARK

025-051-19 855 POOL ST

025-041-27 025-041-13 1130 CENTRAL PARK AVE 1120 CENTRAL PARK AVE

025-041-16 1040 CENTRAL PARK AVE 025-041-20 1030 CENTRAL PARK AVE

AVE PARK L A R CEN T

12 foot wide easement 025-191-03 SEVENTH ST (future access to 879 Pool 750 St.)
E SEV
025-053-17

SPURR ST

BEACH ST

025-042-12 668 SPURR ST

025-042-06 1125 CENTRAL PARK AVE

HARRY ST

025-036 -19 665 SPU RR ST

025-036-17 1210 SIXTH ST
025-036-20 1206 SIXTH ST

025-052-06 930 SIXTH ST

025-052-02 960 SIXTH ST

025-052-09 950 SIXTH ST

025-052-05 940 SIXTH ST

025-042-08 025-042-14 1135 CENTRAL PARK AVE 655 HARRY ST 025-042-13 634 SPURR 025-042-09 ST 1120 SIXTH ST

025-043-03 1025 CENTRAL PARK AVE

813 CENTRAL PARK AVE 025-052-13 025-053-20 025-053-18 675 SHADY OAK ST 849 CENTRAL PARK AVE 805 CENTRAL PARK AVE 025-053-16 025-052-08 025-052-12 837 CENTRAL PARK AVE 955 CENTRAL PARK AVE 935 CENTRAL PARK AVE 025-052-10 025-052-14 9 945 CENTRAL PARK AVE 655 SHADY OAK ST 9 T 3 -1 025-053-0 -05 TH S K ST 5 A O 2 Y D N A 0 E 648 SH V SE 025-191-07 791 789 SEVENTH ST 025-053-10 634 SHADY OAK ST

025-043-05 1080 SIXTH ST

025-043-06 1020 SIXTH ST

-06 T -053 025 IXTH S S 884

025-053-07 842 SIXTH ST 025-191-09 764 SIXTH ST

Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet Geographic coordinate system name: GCS North American 1983 This map was prepared for information purposes only. No liability is assumed for the accuracy of the data shown.

No Scale

Map Prepared by City of Lakeport Community Development Department abritton@cityoflakeport.com

Attachment 1

025-191-02 790 POOL ST

025-051-13 844 CENTRAL PARK AVE 025-051-11 840 CENTRAL PARK AVE 025-051-15 852 CENTRAL PARK AVE 025-051-20 826 CENTRAL PARK AVE 025-051-14 025-051-12 850 CENTRAL PARK AVE 842 CENTRAL PARK AVE 025-051-21 810 CENTRAL PARK AVE

AVE

025-191-01 801 MANZANITA ST

026-254-01 750 NINTH ST

2. Ninth St & Harlie St. Right-of-Way Proposed abandonment 026-301-27 by City of Lakeport 979 ELEVENTH ST

1. Ninth St Right-of-Way Proposed abandonment 026-301-09 by Gary & Jane Leonard

POOL ST

026-131-25 1151 ELEVENTH ST

026-301-28 805 ELE VENTH ST

POOL ST.

NTH

ST

A SH

DY

OA

T KS

025-052-07 920 SIXTH ST

-15 T -052 025 IXTH S S 900

Legend

026-301-27 979 ELEVENTH ST

Lakeport Parcels 2012 Road Footprint

026-301-09 955 POOL ST Ninth St Right-of-Way Proposed abandonment by Gary & Jane Leonard
NINTH ST

NINTH ST.

025-051-05 879 POOL ST

025-051-06 875 POOL ST

025-051-20 826 CENTRAL PARK AVE

025-051-21 810 CENTRAL PARK AVE

025-051-19 855 POOL ST

12 foot wide easement (future access to 879 Pool St.)

025-191-02 790 POOL ST
0 20 40 80 Feet

Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet Geographic coordinate system name: GCS North American 1983 This map was prepared for information purposes only. No liability is assumed for the accuracy of the data shown. Map Prepared by City of Lakeport Community Development Department abritton@cityoflakeport.com

1 inch = 40 feet

Attachment 2

025-191-01 801 MANZANITA ST

Subject Property 879 Pool St. APN 025-051-05

POOL S

025-051-11 K AVE 840 CENTRAL PAR