Subject: BUSH STREET VACATION
COUNCIL DISTRICT: 6
REASON FOR ADDENDUM
City Council is requested to
approve this resolution on
this agenda to allow for so thata public hearing can to be held after expiration of the 15-day
noticing period on June 26, 2001.
Adoption of a resolution of intention to conditionally vacate a portion of Bush Street and setting a public hearing on June 26, 2001 at 1:30 p.m. CEQA: Resolution No. 69355.
Standard Realty and Development Company has submitted an application for the vacation of Bush Street south of San Fernando Street, approximately 462 feet in length. This vacation is a condition of approval of the Planned Development zoning for the residential development of the site.
According to the title reports submitted, fee title to the area proposed for vacation is held by Standard Realty and Development Company.
Staff has determined that this portion of Bush Street is not needed as a public street due to non-use and blighted conditions, and must be vacated to be consistent with the street pattern of the approved zoning. All concerned utility companies have consented to the street vacation provided the existing facilities are removed or abandoned. This street vacation is therefore conditioned upon the abandonment or removal of all existing PG&E and San José Water Company utilities prior to recordation of the street vacation.
Because Standard Realty and Development Company holds the fee to this portion of Bush Street, upon vacation the land will be unencumbered by the easement for street purposes and will be available for use by the owner.
The actions required for the vacation of the subject right-of-way are:
June 5, 2001 at 7:00 p.m.: Council considers the adoption of a resolution of intention which:
1. Declares its intention to vacate the subject portion of Bush Street;
2. Sets a public hearing June 26, 2001, at 1:30 p.m.;
3. Directs the City Clerk to file the vacation map and advertise the proposed vacation and public hearing; and
4. Directs the Director of Public Works to post the area to be vacated with Notices of the Proposed Vacation and Public Hearing.
June 26, 2001 at 1:30 p.m.: Council conducts a public hearing and considers a resolution of vacation, which conditionally vacates the subject portion of Bush Street.
The public was afforded the opportunity to comment on proposed development during the planning process. In addition, the Planning Commission considered and approved this vacation proposal which has given the public another opportunity to provide input and comments.
The required resolution has been reviewed by the City Attorney's Office. The vacation has been coordinated with the appropriate public utility companies and the Planning Commission has approved the vacation.
Resolution No. 69355.
RAJEEV BATRA
Acting Director, Public Works Department